By Yarbrough H.B. No. 2056
76R5618 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the security for costs in a legislative election
1-3 contest.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 241.0061, Election Code, is amended to
1-6 read as follows:
1-7 Sec. 241.0061. SECURITY FOR COSTS. (a) Not later than 5
1-8 p.m. of the third day after the date the contestee's answer is
1-9 received by the presiding officer of the house having jurisdiction,
1-10 the contestant must file with the secretary of the senate or chief
1-11 clerk of the house of representatives, as appropriate:
1-12 (1) a cost bond payable to the appropriate house and
1-13 to the contestee in the amount of $10,000 [$5,000], having
1-14 sufficient sureties approved by the presiding officer, and
1-15 conditioned that the contestant will pay all costs of the contest
1-16 assessed against the contestant;
1-17 (2) a cash deposit in the form of a cashier's check in
1-18 lieu of bond; or
1-19 (3) an affidavit of inability to pay costs.
1-20 (b) An [Security for costs must be filed under Subsection
1-21 (a), and an] affidavit of inability to pay costs must be in the
1-22 form and may be contested[,] in the manner generally applicable to
1-23 a civil suit in the district court, subject to any changes imposed
1-24 by the master or by rules of the house having jurisdiction.
2-1 (c) Security for costs filed by mail under Subsection (a) is
2-2 considered to be filed at the time of its receipt by the
2-3 appropriate authority.
2-4 SECTION 2. This Act takes effect September 1, 1999.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.