1-1     By:  Nelson                                            S.B. No. 493
 1-2           (In the Senate - Filed February 11, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     March 1, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; March 1, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 493                    By:  Nixon
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain procedures relating to a person's candidacy in
1-11     an election.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 141.031, Election Code, is amended to
1-14     read as follows:
1-15           Sec. 141.031.  GENERAL REQUIREMENTS FOR APPLICATION.  (a)  A
1-16     candidate's application for a place on the ballot that is required
1-17     by this code must:
1-18                 (1)  be in writing;
1-19                 (2)  be signed and sworn to by the candidate and
1-20     indicate the date that the candidate swears to the application;
1-21                 (3)  be timely filed with the appropriate authority;
1-22     and
1-23                 (4)  include:
1-24                       (A)  the candidate's name;
1-25                       (B)  the candidate's occupation;
1-26                       (C)  the office sought, including any place
1-27     number or other distinguishing number;
1-28                       (D)  an indication of whether the office sought
1-29     is to be filled for a full or unexpired term if the office sought
1-30     and another office to be voted on have the same title but do not
1-31     have place numbers or other distinguishing numbers;
1-32                       (E)  a statement that the candidate is a United
1-33     States citizen;
1-34                       (F)  a statement that the candidate has not been
1-35     determined mentally incompetent by a final judgment of a court;
1-36                       (G)  a statement that the candidate has not been
1-37     finally convicted of a felony from which the candidate has not been
1-38     pardoned or otherwise released from the resulting disabilities;
1-39                       (H)  the candidate's date of birth;
1-40                       (I)  the candidate's residence address or, if the
1-41     residence has no address, the address at which the candidate
1-42     receives mail and a concise description of the location of the
1-43     candidate's residence;
1-44                       (J)  the candidate's length of continuous
1-45     residence in the state and in the territory from which the office
1-46     sought is elected as of the date the candidate swears to the
1-47     application;
1-48                       (K)  the statement:  "I, ______________, of
1-49     ___________ County, Texas, being a candidate for the office of
1-50     ___________, swear that I will support and defend the constitution
1-51     and laws of the United States and of the State of Texas"; and
1-52                       (L)  a statement that the candidate is aware of
1-53     the nepotism law, Chapter 573, Government Code.
1-54           (b)  An application for a place on the ballot may not be
1-55     filed by telephonic facsmilie machine or electronic format with the
1-56     filing authority.
1-57           SECTION 2.  Subsections (a) and (d), Section 146.0301,
1-58     Election Code, are amended to read as follows:
1-59           (a)  A write-in candidate may not withdraw from the election
1-60     after the 60th [46th] day before election day.
1-61           (d)  A candidate's name shall be omitted from the list of
1-62     write-in candidates if the candidate withdraws on or before the
1-63     60th [46th] day before election day.
1-64           SECTION 3.  Subchapter B, Chapter 181, Election Code, is
 2-1     amended by amending Section 181.033 and adding Sections 181.0331
 2-2     and 181.0332 to read as follows:
 2-3           Sec. 181.033.  FILING DEADLINE.  [(a)]  Except as provided by
 2-4     Section 181.0331 [Subsection (b)], an application for nomination by
 2-5     a convention must be filed not later than 5 p.m. on January 2
 2-6     preceding the convention.
 2-7           [(b)  A political party by rule may extend the filing
 2-8     deadline for applications for nomination for an office for which a
 2-9     candidate who has made an application withdraws, dies, or is
2-10     declared ineligible.]
2-11           Sec. 181.0331.  EXTENDED FILING DEADLINE.  (a)  The deadline
2-12     for filing an application for nomination by a convention is
2-13     extended as provided by this section if a candidate who has made an
2-14     application that complies with the applicable requirements:
2-15                 (1)  dies on or after the fifth day before the date of
2-16     the regular filing deadline and on or before the 62nd day before
2-17     general primary election day;
2-18                 (2)  holds the office for which the application was
2-19     made and withdraws or is declared ineligible on or after the date
2-20     of the regular filing deadline and on or before the 62nd day before
2-21     general primary election day; or
2-22                 (3)  withdraws or is declared ineligible during the
2-23     period prescribed by Subdivision (2) and, at the time of the
2-24     withdrawal or declaration of ineligibility, no other candidate has
2-25     made an application that complies with the applicable requirements
2-26     for the office sought by the withdrawn or ineligible candidate.
2-27           (b)  An application for an office sought by a withdrawn,
2-28     deceased, or ineligible candidate must be filed not later than 6
2-29     p.m. of the 60th day before general primary election day.  An
2-30     application filed by mail with the state chair is not timely if
2-31     received later than 5 p.m. of the 60th day before general primary
2-32     election day.
2-33           (c)  An extension of the filing deadline under this section
2-34     applies only to the convention of the political party for which the
2-35     withdrawn, deceased, or ineligible candidate applied for
2-36     nomination.
2-37           Sec. 181.0332.  WITHDRAWAL FROM NOMINATION.  (a)  A candidate
2-38     for nomination by a convention may not withdraw after the 62nd day
2-39     before general primary election day.
2-40           (b)  A withdrawal request under this section must be filed
2-41     with the authority with whom the withdrawing candidate's
2-42     application for nomination by a convention is required to be filed.
2-43           (c)  The withdrawal request must comply with the requirements
2-44     prescribed by Section 145.001 with changes appropriate to indicate
2-45     that the candidacy is for nomination by a convention rather than by
2-46     election.
2-47           SECTION 4.  This Act takes effect September 1, 1999.
2-48           SECTION 5.  The importance of this legislation and the
2-49     crowded condition of the calendars in both houses create an
2-50     emergency and an imperative public necessity that the
2-51     constitutional rule requiring bills to be read on three several
2-52     days in each house be suspended, and this rule is hereby suspended.
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