By Nelson                                              S.B. No. 493
         76R1350 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain procedures relating to a person's candidacy in
 1-3     an election.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 141, Election Code, is
 1-6     amended by adding Section 141.0311 to read as follows:
 1-7           Sec. 141.0311.  TELEPHONIC FACSIMILE MACHINE FILING
 1-8     PROHIBITED.  An application for a place on the ballot may not be
 1-9     filed by telephonic facsimile machine.
1-10           SECTION 2.  Section 145.003(b), Election Code, is amended to
1-11     read as follows:
1-12           (b)  A candidate in the general election for state and county
1-13     officers may be declared ineligible:
1-14                 (1)  before the 30th day preceding election day by:
1-15                       (A) [(1)]  the party officer responsible for
1-16     certifying the candidate's name for placement on the general
1-17     election ballot, in the case  of a candidate who is a political
1-18     party's nominee; or
1-19                       (B) [(2)]  the authority with whom the
1-20     candidate's application for a place on the ballot is required to be
1-21     filed, in the case of an  independent candidate; or
1-22                 (2)  after the 65th day and before the 54th day
1-23     preceding election day by the secretary of state.
1-24           SECTION 3.  Section 145.039, Election Code, is amended to
 2-1     read as follows:
 2-2           Sec. 145.039.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
 2-3     APPEAR ON GENERAL ELECTION BALLOT.  (a)  Except as provided by
 2-4     Subsection (b), if [If] a candidate dies or is declared ineligible
 2-5     after the 65th day  before election day, the candidate's name shall
 2-6     be placed on the ballot.
 2-7           (b)  If a candidate is declared ineligible under Section
 2-8     145.003(b)(2), the candidate's name shall be omitted from the
 2-9     ballot.
2-10           SECTION 4.  Section 145.065, Election Code, is amended to
2-11     read as follows:
2-12           Sec. 145.065. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
2-13     APPEAR ON GENERAL ELECTION BALLOT.  (a)  Except as provided by
2-14     Subsection (b), if [If] a candidate dies or is declared ineligible
2-15     after the 65th day before election day, the candidate's name shall
2-16     be placed on the ballot.
2-17           (b)  If a candidate is declared ineligible under Section
2-18     145.003(b)(2), the candidate's name shall be omitted from the
2-19     ballot.
2-20           SECTION 5.  Sections 146.0301(a) and (d), Election Code, are
2-21     amended to read as follows:
2-22           (a)  A write-in candidate may not withdraw from the election
2-23     after the 60th [46th] day before election day.
2-24           (d)  A candidate's name shall be omitted from the list of
2-25     write-in candidates if the candidate withdraws on or before the
2-26     60th [46th] day before election day.
2-27           SECTION 6.  Subchapter B, Chapter 181, Election Code, is
 3-1     amended by adding Section 181.035 to read as follows:
 3-2           Sec. 181.035.  WITHDRAWAL FROM NOMINATION.  (a)  A candidate
 3-3     for nomination by a convention may not withdraw after the 62nd day
 3-4     before general primary election day.
 3-5           (b)  A withdrawal request under this section must be filed
 3-6     with the authority with whom the withdrawing candidate's
 3-7     application for nomination by a convention is required to be filed.
 3-8           (c)  The withdrawal request must comply with the requirements
 3-9     prescribed by Section 145.001 with changes appropriate to indicate
3-10     that the candidacy is for nomination by a convention rather than by
3-11     election.
3-12           SECTION 7.  This Act takes effect September 1, 1999.
3-13           SECTION 8.  The importance of this legislation and the
3-14     crowded condition of the calendars in both houses create an
3-15     emergency and an imperative public necessity that the
3-16     constitutional rule requiring bills to be read on three several
3-17     days in each house be suspended, and this rule is hereby suspended.