1-1                                   AN ACT
 1-2     relating to the cancellation of an election to fill a vacancy in
 1-3     the legislature when a candidate is running unopposed.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 2.051(a), Election Code, is amended to
 1-6     read as follows:
 1-7           (a)  Except as provided by Section 2.055, this [This]
 1-8     subchapter applies only to an election for officers of a political
 1-9     subdivision other than a county in which write-in votes may be
1-10     counted only for names appearing on a list of write-in candidates
1-11     and in which:
1-12                 (1)  each candidate whose name is to appear on the
1-13     ballot is unopposed, except as provided by Subsection (b); and
1-14                 (2)  no proposition is to appear on the ballot.
1-15           SECTION 2. Subchapter C, Chapter 2, Election Code, is amended
1-16     by adding Section 2.055 to read as follows:
1-17           Sec. 2.055.  SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE.
1-18     (a)  The secretary of state may declare an unopposed candidate
1-19     elected to fill a vacancy in the legislature if:
1-20                 (1)  each candidate whose name is to appear on the
1-21     ballot is unopposed;
1-22                 (2)  no proposition is to appear on the ballot; and
1-23                 (3)  no candidate's name is to be placed on a list of
1-24     write-in candidates for that office under Subchapter D, Chapter
 2-1     146.
 2-2           (b)  If a declaration is made under Subsection (a), the
 2-3     election is not held.  A copy of the declaration shall be posted on
 2-4     election day at each polling place that would have been used in the
 2-5     election.
 2-6           (c)  The secretary of state shall issue a certificate of
 2-7     election to each candidate in the same manner as provided for a
 2-8     candidate elected at the election.
 2-9           SECTION 3. Chapter 146, Election Code, is amended by adding
2-10     Subchapter D to read as follows:
2-11            SUBCHAPTER D.  WRITE-IN CANDIDATE IN SPECIAL ELECTION
2-12                       TO FILL VACANCY IN LEGISLATURE
2-13           Sec. 146.081.  CANDIDATE'S NAME REQUIRED TO APPEAR ON LIST.
2-14     In a special election to fill a vacancy in the legislature, a
2-15     write-in vote may not be counted unless the name written in appears
2-16     on the list of write-in candidates.
2-17           Sec. 146.082.  DECLARATION OF WRITE-IN CANDIDACY REQUIRED. To
2-18     be entitled to a place on the list of write-in candidates, a
2-19     candidate must file a declaration of write-in candidacy with the
2-20     secretary of state.
2-21           Sec. 146.083.  FILING DEADLINE. A declaration of write-in
2-22     candidacy must be filed not later than 5 p.m. of the fifth day
2-23     after the date an application for a place on the ballot is required
2-24     to be filed.
2-25           Sec. 146.084.  APPLICABILITY OF OTHER CODE PROVISIONS.
2-26     Subchapter B applies to write-in voting in a special election to
2-27     fill a vacancy in the legislature except to the extent of a
 3-1     conflict with this subchapter.
 3-2           SECTION 4.  This Act takes effect January 1, 2002, but only
 3-3     if the constitutional amendment proposed by the 77th Legislature,
 3-4     Regular Session, 2001, authorizing the filling of a vacancy in the
 3-5     legislature without an election if a candidate is running unopposed
 3-6     in an election to fill the vacancy, is approved by the voters.  If
 3-7     that amendment is not approved by the voters, this Act has no
 3-8     effect.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 831 was passed by the House on March
         15, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 831 was passed by the Senate on April
         11, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor