SRC-JEC H.B. 440 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 440
77R2337 ATP-DBy: Madden (To Be Filled)
Intergovernmental Relations
4/5/2001
Engrossed


DIGEST AND PURPOSE 

In 1997, the legislature authorized the creation of library districts,
through which a community without a public library can impose a tax to
establish, equip, and maintain a library.  As proposed, H.B. 440 simplifies
library district trustee elections by conforming election procedures to
municipal election procedures. The bill requires that write-in votes be
counted only if the candidate appears on a list of write-in candidates and
cancels an election in which a candidate is unopposed. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 326C, Local Government Code, by adding Sections
326.0431 and 346.0432, as follows: 

Sec. 326.0431.  WRITE-IN CANDIDACIES.  Authorizes write-in votes to be
counted only for names appearing on a list of write-in candidates, in the
manner provided by Chapter 146C (Write-in Candidate in City Election),
Election Code, for counting write-in votes for city officers. 

Sec. 326.0432.  ELECTION OF UNOPPOSED CANDIDATE.  Provides that Chapter 2C
(Election of Unopposed Candidate), Election Code, applies to the election
of an unopposed candidate for the office of trustee of a library district
after the election of the initial members of the board of trustees. 

SECTION 2.   Effective date: September 1, 2001.
  Makes application of this Act prospective.