By Turner of Coleman H.B. No. 1275
77R2384 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the nonpartisan election of certain state and county
1-3 officers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.002, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 41.002. GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.
1-8 (a) The general election for state and county officers, including
1-9 the nonpartisan general election, shall be held on the first
1-10 Tuesday after the first Monday in November in even-numbered years.
1-11 (b) Any nonpartisan runoff election shall be held on the
1-12 first Tuesday after the first Monday in December following the
1-13 general election.
1-14 SECTION 2. The Election Code is amended by adding Title 17
1-15 to read as follows:
1-16 TITLE 17. NONPARTISAN ELECTIONS
1-17 CHAPTER 291. NONPARTISAN GENERAL ELECTION FOR CERTAIN STATE
1-18 AND COUNTY OFFICERS
1-19 SUBCHAPTER A. NONPARTISAN ELECTION GENERALLY
1-20 Sec. 291.001. APPLICABILITY OF CHAPTER. The following
1-21 officers are subject to nonpartisan election in accordance with
1-22 this chapter at the last nonpartisan general election to be held
1-23 before the date the officer's term expires:
1-24 (1) district judge;
2-1 (2) criminal district judge;
2-2 (3) family district judge;
2-3 (4) district attorney;
2-4 (5) criminal district attorney;
2-5 (6) county judge;
2-6 (7) judge, county court at law;
2-7 (8) judge, county criminal court;
2-8 (9) judge, county probate court;
2-9 (10) county attorney;
2-10 (11) district clerk;
2-11 (12) district and county clerk;
2-12 (13) county clerk;
2-13 (14) sheriff;
2-14 (15) sheriff and tax assessor-collector;
2-15 (16) county school trustee (county with population of
2-16 two million or more);
2-17 (17) county tax assessor-collector;
2-18 (18) county treasurer;
2-19 (19) county surveyor;
2-20 (20) county commissioner;
2-21 (21) justice of the peace;
2-22 (22) constable;
2-23 (23) inspector of hides and animals; and
2-24 (24) public weigher.
2-25 Sec. 291.002. PARTY NOMINATION PROHIBITED. Nomination for
2-26 an office to which this chapter applies by a political party is
2-27 prohibited.
3-1 Sec. 291.003. VOTE REQUIRED FOR ELECTION. (a) To be
3-2 elected to an office to which this chapter applies, a candidate
3-3 must receive a majority of the total number of votes received by
3-4 all candidates for the office.
3-5 (b) If no candidate for a particular office receives the
3-6 vote required for election, a runoff election for that office is
3-7 required. Except as otherwise provided by this chapter, Subchapter
3-8 B, Chapter 2, applies to a runoff election held under this chapter.
3-9 Sec. 291.004. APPLICABILITY OF OTHER PARTS OF CODE. The
3-10 other titles of this code apply to a nonpartisan general election
3-11 except provisions that are inconsistent with this title or that
3-12 cannot feasibly be applied in a nonpartisan general election.
3-13 Sec. 291.005. ADDITIONAL PROCEDURES. The secretary of state
3-14 shall prescribe any additional procedures necessary for the orderly
3-15 and proper administration of elections held under this chapter.
3-16 (Sections 291.006-291.020 reserved for expansion
3-17 SUBCHAPTER B. APPLICATION FOR PLACE ON BALLOT
3-18 Sec. 291.021. APPLICATION REQUIRED. (a) To be entitled to
3-19 a place on the nonpartisan general election ballot, a candidate
3-20 must make an application for a place on the ballot.
3-21 (b) An application must, in addition to complying with
3-22 Section 141.031, be accompanied by the appropriate filing fee or,
3-23 instead of the filing fee, a petition that satisfies the
3-24 requirements prescribed by Section 141.062.
3-25 (c) An application filed by mail is considered to be filed
3-26 at the time of its receipt by the appropriate authority.
3-27 Sec. 291.022. AUTHORITY WITH WHOM APPLICATION FILED. An
4-1 application for a place on the nonpartisan general election ballot
4-2 must be filed with:
4-3 (1) the secretary of state, for a district office; or
4-4 (2) the county judge, for a county or precinct office.
4-5 Sec. 291.023. REGULAR FILING DEADLINE. (a) An application
4-6 for a place on the nonpartisan general election ballot must be
4-7 filed not later than 5 p.m. of the 70th day before election day,
4-8 except as provided by Sections 291.053 and 202.008.
4-9 (b) An application may not be filed earlier than the 30th
4-10 day before the date of the regular filing deadline.
4-11 Sec. 291.024. FILING FEE. (a) The filing fee for a
4-12 candidate for an office elected under this chapter is as follows:
4-13 (1) district judge or judge specified by Section
4-14 52.092(f) for which this schedule does not otherwise prescribe a
4-15 fee ........................................................ $1,200
4-16 (2) district or criminal district judge of a court in
4-17 a judicial district wholly contained in a county with a population
4-18 of more than one million .................................... 2,000
4-19 (3) judge, statutory county court, other than a judge
4-20 specified by Subdivision (4) ................................ 1,200
4-21 (4) judge of a statutory county court in a county with
4-22 a population of more than one million ....................... 2,000
4-23 (5) district attorney, criminal district attorney,
4-24 or county attorney performing the duties of a district
4-25 attorney .................................................... 1,000
4-26 (6) county commissioner or judge, constitutional
4-27 county court:
5-1 (A) county with a population of 200,000 or
5-2 more ........................................................ 1,000
5-3 (B) county with a population of under
5-4 200,000 ....................................................... 600
5-5 (7) justice of the peace or constable:
5-6 (A) county with a population of 200,000 or
5-7 more .......................................................... 800
5-8 (B) county with a population of under
5-9 200,000 ....................................................... 300
5-10 (8) county surveyor, inspector of hides and animals,
5-11 or public weigher .............................................. 50
5-12 (9) office of the county government for which this
5-13 schedule does not otherwise prescribe a fee ................... 600
5-14 (b) A filing fee received by the secretary of state shall be
5-15 deposited in the state treasury to the credit of the general
5-16 revenue fund. A filing fee received by a county judge shall be
5-17 deposited to the credit of the county general fund.
5-18 Sec. 291.025. Number of Petition Signatures Required. The
5-19 minimum number of signatures that must appear on the petition
5-20 authorized by Section 291.021 is for a district, county, or
5-21 precinct office, the lesser of:
5-22 (1) 500; or
5-23 (2) five percent of the total vote received in the
5-24 district, county, or precinct, as applicable, by all the candidates
5-25 for governor in the most recent gubernatorial general election,
5-26 unless that number is under 25, in which case the required number
5-27 of signatures is the lesser of:
6-1 (A) 25; or
6-2 (B) 10 percent of that vote.
6-3 Sec. 291.026. STATEMENT ON PETITION. The following
6-4 statement must appear at the top of each page of a petition to be
6-5 filed under Section 291.021: "I know that the purpose of this
6-6 petition is to entitle (insert candidate's name) to have his or her
6-7 name placed on the ballot for the office of (insert office title,
6-8 including any place number or other distinguishing number) for the
6-9 nonpartisan general election."
6-10 Sec. 291.027. CERTIFICATION OF NAMES FOR PLACEMENT ON
6-11 NONPARTISAN GENERAL ELECTION BALLOT. (a) Except as provided by
6-12 Subsection (c), the authority with whom an application for a place
6-13 on the ballot is required to be filed shall certify in writing for
6-14 placement on the nonpartisan general election ballot the name of
6-15 each candidate who files with the authority an application that
6-16 complies with Section 291.021(b).
6-17 (b) Not later than the 55th day before election day, the
6-18 certifying authority shall deliver the certification to the
6-19 authority responsible for having the official ballot prepared in
6-20 each county in which the candidate's name is to appear on the
6-21 ballot.
6-22 (c) A candidate's name may not be certified:
6-23 (1) if, before delivering the certification, the
6-24 certifying authority learns that the name is to be omitted from the
6-25 ballot under Section 291.054; or
6-26 (2) for an office for which the candidate's
6-27 application is invalid under Section 141.033.
7-1 (Sections 291.028-291.050 reserved for expansion
7-2 SUBCHAPTER C. WITHDRAWAL, DEATH, AND INELIGIBILITY
7-3 OF CANDIDATE
7-4 Sec. 291.051. WITHDRAWAL, DEATH, OR INELIGIBILITY GENERALLY.
7-5 With respect to withdrawal, death, or ineligibility of a candidate
7-6 in a nonpartisan general election, this subchapter supersedes
7-7 Subchapter A, Chapter 145, to the extent of any conflict.
7-8 Sec. 291.052. WITHDRAWAL FROM NONPARTISAN GENERAL ELECTION.
7-9 (a) A candidate may not withdraw from the nonpartisan general
7-10 election after the 65th day before election day.
7-11 (b) A withdrawal request must be filed with the authority
7-12 with whom the withdrawing candidate's application for a place on
7-13 the ballot is required to be filed.
7-14 Sec. 291.053. EXTENDED FILING DEADLINE. (a) The deadline
7-15 for filing an application for a place on the nonpartisan general
7-16 election ballot is extended as provided by this section if a
7-17 candidate who has made an application that complies with the
7-18 applicable requirements:
7-19 (1) dies on or after the fifth day before the date of
7-20 the regular filing deadline and on or before the 65th day before
7-21 election day;
7-22 (2) holds the office for which the application was
7-23 made and withdraws or is declared ineligible on or after the date
7-24 of the regular filing deadline and on or before the 65th day before
7-25 election day; or
7-26 (3) withdraws or is declared ineligible during the
7-27 period prescribed by Subdivision (2), and at the time of the
8-1 withdrawal or declaration of ineligibility no other candidate has
8-2 made an application that complies with the applicable requirements
8-3 for the office sought by the withdrawn or ineligible candidate.
8-4 (b) An application for an office sought by a withdrawn,
8-5 deceased, or ineligible candidate must be filed not later than
8-6 5 p.m. of the 60th day before election day.
8-7 (c) If the deadline for filing applications is extended,
8-8 notice of the extended filing shall be given in the same manner as
8-9 provided for a primary election.
8-10 Sec. 291.054. WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
8-11 NAME OMITTED FROM NONPARTISAN GENERAL ELECTION BALLOT. A
8-12 candidate's name shall be omitted from the nonpartisan general
8-13 election ballot if the candidate withdraws, dies, or is declared
8-14 ineligible on or before the 65th day before election day.
8-15 Sec. 291.055. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
8-16 APPEAR ON NONPARTISAN GENERAL ELECTION BALLOT. If a candidate who
8-17 has made an application for a place on the nonpartisan general
8-18 election ballot that complies with the applicable requirements dies
8-19 or is declared ineligible after the 65th day before election day,
8-20 the candidate's name shall be placed on the nonpartisan general
8-21 election ballot.
8-22 Sec. 291.056. WITHDRAWAL FROM RUNOFF. (a) A candidate may
8-23 not withdraw from the nonpartisan runoff election after 5 p.m. of
8-24 the 10th day after the date of the nonpartisan general election.
8-25 (b) A withdrawal request for the runoff must be filed with
8-26 the authority with whom the withdrawing candidate's application for
8-27 a place on the ballot is required to be filed.
9-1 (c) If a runoff candidate withdraws, the remaining candidate
9-2 is the winner and the runoff election for that office is not held.
9-3 Sec. 291.057. DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
9-4 APPEAR ON RUNOFF BALLOT. If a candidate in the nonpartisan runoff
9-5 election dies or is declared ineligible before runoff election day,
9-6 the candidate's name shall be placed on the ballot.
9-7 (Sections 291.058-291.070 reserved for expansion
9-8 SUBCHAPTER D. CONDUCT OF ELECTION
9-9 Sec. 291.071. NONPARTISAN GENERAL ELECTION BALLOT. The
9-10 nonpartisan offices and candidates to which this chapter applies
9-11 shall be listed as a separate ballot on the general election ballot
9-12 following the partisan offices under the heading "Election For
9-13 Nonpartisan State and County Offices."
9-14 Sec. 291.072. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
9-15 GENERAL ELECTION. Except as otherwise provided by this code, the
9-16 nonpartisan general election shall be conducted and the results
9-17 canvassed, tabulated, and reported in the manner applicable to
9-18 partisan offices in the general election for state and county
9-19 officers.
9-20 Sec. 291.073. CERTIFICATION OF CANDIDATES FOR PLACEMENT ON
9-21 RUNOFF BALLOT. (a) The following authority shall certify in
9-22 writing for placement on the nonpartisan runoff election ballot the
9-23 name of each candidate who is to be a candidate in the runoff:
9-24 (1) the secretary of state, for a district office; and
9-25 (2) the county judge, for a county or precinct office.
9-26 (b) The certifying authority shall deliver the certification
9-27 to the authority responsible for having the official ballot
10-1 prepared in each affected county as soon as practicable after the
10-2 state canvass of the nonpartisan general election is completed.
10-3 Sec. 291.074. GENERAL PROCEDURE FOR CONDUCT OF NONPARTISAN
10-4 RUNOFF ELECTION. The nonpartisan runoff election shall be
10-5 conducted and the results canvassed, tabulated, and reported in the
10-6 same manner as the nonpartisan general election.
10-7 SECTION 3. Section 1.005, Election Code, is amended by
10-8 amending Subdivision (9) and by adding Subdivision (25) to read as
10-9 follows:
10-10 (9) "Independent candidate" means a candidate in a
10-11 nonpartisan election or a candidate in a partisan election who is
10-12 not the nominee of a political party. The term does not include a
10-13 candidate in a nonpartisan general election.
10-14 (25) "Nonpartisan general election" means an election
10-15 held under Chapter 291.
10-16 SECTION 4. Section 52.092, Election Code, is amended by
10-17 amending Subsections (a) and (d)-(j) and by adding Subsections (k)
10-18 and (l) to read as follows:
10-19 (a) For an election at which offices regularly filled at the
10-20 general election for state and county officers, including the
10-21 nonpartisan general election, are to appear on the ballot, the
10-22 offices shall be listed in the following order:
10-23 (1) offices of the federal government;
10-24 (2) offices of the state government:
10-25 (A) statewide offices;
10-26 (B) district offices[;]
10-27 [(3) offices of the county government:]
11-1 [(A) county offices;]
11-2 [(B) precinct offices].
11-3 (d) District offices of the state government shall be listed
11-4 in the following order:
11-5 (1) member, State Board of Education;
11-6 (2) state senator;
11-7 (3) state representative;
11-8 (4) chief justice, court of appeals;
11-9 (5) justice, court of appeals[;]
11-10 [(6) district judge;]
11-11 [(7) criminal district judge;]
11-12 [(8) family district judge;]
11-13 [(9) district attorney;]
11-14 [(10) criminal district attorney].
11-15 (e) The offices elected in the nonpartisan general election
11-16 shall be listed in the following order:
11-17 (1) district offices of the state government;
11-18 (2) offices of the county government:
11-19 (A) county offices;
11-20 (B) precinct offices.
11-21 (f) District offices of the state government elected in the
11-22 nonpartisan general election shall be listed in the following
11-23 order:
11-24 (1) district judge;
11-25 (2) criminal district judge;
11-26 (3) family district judge;
11-27 (4) district attorney;
12-1 (5) criminal district attorney.
12-2 (g) County offices elected in the nonpartisan general
12-3 election shall be listed in the following order:
12-4 (1) county judge;
12-5 (2) judge, county court at law;
12-6 (3) judge, county criminal court;
12-7 (4) judge, county probate court;
12-8 (5) county attorney;
12-9 (6) district clerk;
12-10 (7) district and county clerk;
12-11 (8) county clerk;
12-12 (9) sheriff;
12-13 (10) sheriff and tax assessor-collector;
12-14 (11) county tax assessor-collector;
12-15 (12) county treasurer;
12-16 (13) county school trustee (county with population of
12-17 two million or more);
12-18 (14) county surveyor;
12-19 (15) inspector of hides and animals.
12-20 (h) [(f)] Precinct offices elected in the nonpartisan
12-21 general election shall be listed in the following order:
12-22 (1) county commissioner;
12-23 (2) justice of the peace;
12-24 (3) constable;
12-25 (4) public weigher.
12-26 (i) [(g)] If two or more offices having the same title
12-27 except for a place number or other distinguishing number are to
13-1 appear on the ballot, the number shall appear as part of the office
13-2 title and the offices shall be listed in numerical order.
13-3 (j) [(h)] The secretary of state shall assign a place number
13-4 to each position to be filled at the general election for state and
13-5 county officers for each full or unexpired term in the following
13-6 offices:
13-7 (1) justice, supreme court;
13-8 (2) judge, court of criminal appeals; and
13-9 (3) justice, court of appeals in a court having a
13-10 membership in excess of three, if distinguishing the positions to
13-11 be filled is necessary.
13-12 (k) [(i)] The secretary of state shall designate the
13-13 position of new offices on the ballot.
13-14 (l) [(j)] The office of judge of a multicounty statutory
13-15 county court created under Subchapter D, Chapter 25, Government
13-16 Code, is considered to be a county office for purposes of listing
13-17 the office on the ballot and to be a district office for all other
13-18 purposes under this code.
13-19 SECTION 5. Section 141.001(a), Election Code, is amended to
13-20 read as follows:
13-21 (a) To be eligible to be a candidate for, or elected or
13-22 appointed to, a public elective office in this state, a person
13-23 must:
13-24 (1) be a United States citizen;
13-25 (2) be 18 years of age or older on the first day of
13-26 the term to be filled at the election or on the date of
13-27 appointment, as applicable;
14-1 (3) have not been determined mentally incompetent by a
14-2 final judgment of a court;
14-3 (4) have not been finally convicted of a felony from
14-4 which the person has not been pardoned or otherwise released from
14-5 the resulting disabilities;
14-6 (5) have resided continuously in the state for 12
14-7 months and in the territory from which the office is elected for
14-8 six months immediately preceding the following date:
14-9 (A) for a candidate whose name is to appear on a
14-10 general primary election ballot, the date of the regular filing
14-11 deadline for a candidate's application for a place on the ballot;
14-12 (B) for an independent candidate or a candidate
14-13 in the nonpartisan general election, the date of the regular filing
14-14 deadline for a candidate's application for a place on the ballot;
14-15 (C) for a write-in candidate, the date of the
14-16 election at which the candidate's name is written in;
14-17 (D) for a party nominee who is nominated by any
14-18 method other than by primary election, the date the nomination is
14-19 made; and
14-20 (E) for an appointee to an office, the date the
14-21 appointment is made; and
14-22 (6) satisfy any other eligibility requirements
14-23 prescribed by law for the office.
14-24 SECTION 6. Section 145.003(b), Election Code, is amended to
14-25 read as follows:
14-26 (b) A candidate in the general election for state and county
14-27 officers, including the nonpartisan general election, may be
15-1 declared ineligible before the 30th day preceding election day by:
15-2 (1) the party officer responsible for certifying the
15-3 candidate's name for placement on the general election ballot, in
15-4 the case of a candidate who is a political party's nominee; or
15-5 (2) the authority with whom the candidate's
15-6 application for a place on the ballot is required to be filed, in
15-7 the case of an independent candidate or a candidate in the
15-8 nonpartisan general election, as applicable.
15-9 SECTION 7. Section 145.005(a), Election Code, is amended to
15-10 read as follows:
15-11 (a) If the name of a deceased or ineligible candidate
15-12 appears on the ballot [under this chapter], the votes cast for the
15-13 candidate shall be counted and entered on the official election
15-14 returns in the same manner as for the other candidates.
15-15 SECTION 8. Section 146.021, Election Code, is amended to
15-16 read as follows:
15-17 Sec. 146.021. APPLICABILITY OF SUBCHAPTER. This subchapter
15-18 applies to a write-in candidate for an office that is to be voted
15-19 on at the general election for state and county officers, including
15-20 the nonpartisan general election.
15-21 SECTION 9. Section 172.021(e), Election Code, is amended to
15-22 read as follows:
15-23 (e) A candidate for an office specified by Section
15-24 172.024(a)(8)[, (10), or (12), or for justice of the peace in a
15-25 county with a population of more than 850,000,] who chooses to pay
15-26 the filing fee must also accompany the application with a petition
15-27 that complies with the requirements prescribed for the petition
16-1 authorized by Subsection (b), except that the minimum number of
16-2 signatures that must appear on the petition required by this
16-3 subsection is 250. If the candidate chooses to file the petition
16-4 authorized by Subsection (b) instead of the filing fee, the minimum
16-5 number of signatures required for that petition is increased by
16-6 250. Signatures on a petition filed under this subsection or
16-7 Subsection (b) by a candidate covered by this subsection may not be
16-8 obtained on the grounds of a county courthouse or courthouse annex.
16-9 SECTION 10. Section 172.024(a), Election Code, is amended to
16-10 read as follows:
16-11 (a) The filing fee for a candidate for nomination in the
16-12 general primary election is as follows:
16-13 (1) United States senator ..................... $4,000
16-14 (2) office elected statewide, except United States
16-15 senator ..................................................... 3,000
16-16 (3) United States representative ............... 2,500
16-17 (4) state senator .............................. 1,000
16-18 (5) state representative ......................... 600
16-19 (6) member, State Board of Education ............. 250
16-20 (7) chief justice or justice, court of appeals, other
16-21 than a justice specified by Subdivision (8) ............. 1,500
16-22 (8) chief justice or justice of a court of appeals
16-23 that serves a court of appeals district in which a county with a
16-24 population of more than one million [850,000] is wholly or partly
16-25 situated .................................................... 2,000
16-26 [(9) district judge or judge specified by Section
16-27 52.092(d) for which this schedule does not otherwise prescribe a
17-1 fee ......................................................... 1,200]
17-2 [(10) district or criminal district judge of a court
17-3 in a judicial district wholly contained in a county with a
17-4 population of more than 850,000 ............................. 2,000]
17-5 [(11) judge, statutory county court, other than a
17-6 judge specified by Subdivision (12) ......................... 1,200]
17-7 [(12) judge of a statutory county court in a county
17-8 with a population of more than 850,000 ...................... 2,000]
17-9 [(13) district attorney, criminal district attorney,
17-10 or county attorney performing the duties of a district attorney
17-11 ............................................................. 1,000]
17-12 [(14) county commissioner or judge, constitutional
17-13 county court:]
17-14 [(A) county with a population of
17-15 200,000 or more ............................................. 1,000]
17-16 [(B) county with a population of
17-17 under 200,000 ................................................. 600]
17-18 [(15) justice of the peace or constable:]
17-19 [(A) county with a population of
17-20 200,000 or more ............................................... 800]
17-21 [(B) county with a population of
17-22 under 200,000 ................................................. 300]
17-23 [(16) county surveyor, inspector of hides and animals,
17-24 or public weigher .............................................. 50]
17-25 [(17) office of the county government for which this
17-26 schedule does not otherwise prescribe a fee ................. 600]
17-27 SECTION 11. Section 172.025, Election Code, is amended to
18-1 read as follows:
18-2 Sec. 172.025. NUMBER OF PETITION SIGNATURES REQUIRED. The
18-3 minimum number of signatures that must appear on the petition
18-4 authorized by Section 172.021(b) is:
18-5 (1) 5,000, for a statewide office; or
18-6 (2) for a district[, county, or precinct] office, the
18-7 lesser of:
18-8 (A) 500; or
18-9 (B) two percent of the total vote received in
18-10 the district[, county, or precinct, as applicable,] by all the
18-11 candidates for governor in the most recent gubernatorial general
18-12 election[, unless that number is under 50, in which case the
18-13 required number of signatures is the lesser of:]
18-14 [(i) 50; or]
18-15 [(ii) 20 percent of that total vote].
18-16 SECTION 12. Section 172.059(b), Election Code, is amended to
18-17 read as follows:
18-18 (b) A withdrawal request for the runoff primary must be
18-19 filed with the state chair[, for a statewide or district office, or
18-20 with the county chair, for a county or precinct office].
18-21 SECTION 13. Section 181.032(a), Election Code, is amended to
18-22 read as follows:
18-23 (a) An application for nomination by a convention must be
18-24 filed with[:]
18-25 [(1)] the state chair[, for a statewide or district
18-26 office; or]
18-27 [(2) the county chair, for a county or precinct
19-1 office].
19-2 SECTION 14. Section 181.061(c), Election Code, is amended to
19-3 read as follows:
19-4 (c) A party nominating by convention must make its
19-5 nominations for [county and precinct offices and for] offices of
19-6 districts not situated in more than one county at county
19-7 conventions held on the first Saturday after the second Tuesday in
19-8 March. A county convention consists of delegates selected at
19-9 precinct conventions held on the second Tuesday in March in the
19-10 regular county election precincts.
19-11 SECTION 15. Section 181.068(b), Election Code, is amended to
19-12 read as follows:
19-13 (b) Not later than the 20th day after the date of the
19-14 convention making the nomination, the presiding officer shall
19-15 deliver the certification to[:]
19-16 [(1) the authority responsible for having the official
19-17 general election ballot prepared in the county, for certification
19-18 of a county or precinct office; or]
19-19 [(2)] the secretary of state[, for certification of a
19-20 statewide or district office].
19-21 SECTION 16. Chapter 202, Election Code, is amended by
19-22 amending Section 202.002 and by adding Section 202.008 to read as
19-23 follows:
19-24 Sec. 202.002. Vacancy Filled at General Election. (a) If a
19-25 vacancy occurs on or before the 65th day before the date of the
19-26 general election for state and county officers, including the
19-27 nonpartisan general election, held in the next-to-last
20-1 even-numbered year of a term of office, the remainder of the
20-2 unexpired term shall be filled at the next such general election
20-3 [for state and county officers], as provided by this chapter.
20-4 (b) If a vacancy occurs after the 65th day before the
20-5 applicable [a] general election day, an election for the unexpired
20-6 term may not be held at that general election. The appointment to
20-7 fill the vacancy continues until the next succeeding applicable
20-8 general election and until a successor has been elected and has
20-9 qualified for the office.
20-10 Sec. 202.008. FILING DEADLINE FOR APPLICATION OF CANDIDATE
20-11 IN NONPARTISAN GENERAL ELECTION. (a) If a vacancy in an office
20-12 that is elected under Chapter 291 occurs on or before the 10th day
20-13 before the date of the regular deadline for filing an application
20-14 for a place on the nonpartisan general election ballot, an
20-15 application for the unexpired term must be filed by the regular
20-16 filing deadline.
20-17 (b) If the vacancy occurs after the 10th day before the date
20-18 of the regular filing deadline, an application for the unexpired
20-19 term must be filed not later than 5 p.m. of the 15th day after the
20-20 date the vacancy occurs or 5 p.m. of the 60th day before election
20-21 day, whichever is earlier.
20-22 (c) The filing fee or petition requirements for a candidate
20-23 for an unexpired term are the same as for a candidate for a full
20-24 term.
20-25 SECTION 17. The following are repealed:
20-26 (1) Sections 172.084(b) and 172.117, Election Code;
20-27 and
21-1 (2) Chapter 182, Election Code.
21-2 SECTION 18. Each district, county, or precinct officer in
21-3 office on the effective date of this Act, unless otherwise removed
21-4 as provided by law, continues in office for the term to which
21-5 elected or for the period for which appointed, as applicable.
21-6 SECTION 19. This Act takes effect September 1, 2001.