By Nixon                                               S.B. No. 544
         76R4010 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to allowing write-in votes in all elections.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2.051(a), Election Code, is amended to
 1-5     read as follows:
 1-6           (a)  This subchapter applies only to an election for officers
 1-7     of a political subdivision other than a county [in which write-in
 1-8     votes may be counted only for names appearing on a list of write-in
 1-9     candidates and] in which:
1-10                 (1)  each candidate whose name is to appear on the
1-11     ballot is unopposed, except as provided by Subsection (b); and
1-12                 (2)  no proposition is to appear on the ballot.
1-13           SECTION 2.  Section 146.001, Election Code, is amended to
1-14     read as follows:
1-15           Sec. 146.001.  WRITE-IN VOTES PERMITTED.  (a)  If [Except as
1-16     otherwise provided by law, if] the name of the person for whom a
1-17     voter desires to vote does not appear on the ballot, the voter may
1-18     write in the name of that person except that write-in voting is not
1-19     permitted in a runoff election or in an election to resolve a tie
1-20     under Section 2.002.
1-21           (b)  This section does not affect the authority of a
1-22     political subdivision to cancel an election under Subchapter C,
1-23     Chapter 2.
1-24           SECTION 3.  Subchapter A, Chapter 146, Election Code, is
 2-1     amended by adding Section 146.003 to read as follows:
 2-2           Sec. 146.003.  COUNTING OF WRITE-IN VOTES.  (a)  Except as
 2-3     provided by Subsection (b), write-in votes are not counted in an
 2-4     election unless the total number of write-in votes in the election
 2-5     equals or exceeds the number of votes received by a candidate whose
 2-6     name is printed on the ballot.
 2-7           (b)  Write-in votes are counted in an election:
 2-8                 (1)  if no candidate's name is printed on the ballot
 2-9     for an office; or
2-10                 (2)  in which a majority vote is required for election.
2-11           SECTION 4.  Section 49.101, Water Code, is amended to read as
2-12     follows:
2-13           Sec. 49.101.  GENERAL.  All elections shall be generally
2-14     conducted in accordance with the Election Code except as otherwise
2-15     provided for by this code.  [Write-in candidacies for any district
2-16     office shall be governed by Subchapter C, Chapter 146, Election
2-17     Code.]
2-18           SECTION 5.  The following are repealed:
2-19                 (1)  Section 146.002, Election Code;
2-20                 (2)  Subchapter B, Chapter 146, Election Code;
2-21                 (3)  Subchapter C, Chapter 146, Election Code;
2-22                 (4)  Sections 171.0231 and 172.112, Election Code;
2-23                 (5)  Sections 11.056 and 130.0825, Education Code;
2-24                 (6)  Section 63.0945, Water Code; and
2-25                 (7)  Section 285.131, Health and Safety Code.
2-26           SECTION 6.  This Act takes effect September 1, 1999.
2-27           SECTION 7.  The importance of this legislation and the
 3-1     crowded condition of the calendars in both houses create an
 3-2     emergency and an imperative public necessity that the
 3-3     constitutional rule requiring bills to be read on three several
 3-4     days in each house be suspended, and this rule is hereby suspended.