1-1 AN ACT
1-2 relating to changing the deadlines and authority for ordering the
1-3 election and filing for candidacy in political subdivision
1-4 elections.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3.005, Election Code, is amended to read
1-7 as follows:
1-8 Sec. 3.005. TIME FOR ORDERING ELECTION. (a) An election
1-9 ordered by an authority of a political subdivision shall be ordered
1-10 not later than the 45th day before the earliest allowable date for
1-11 the beginning of early voting by personal appearance in the
1-12 election [day].
1-13 (b) This section supersedes a law outside this code to the
1-14 extent of any conflict.
1-15 SECTION 2. Section 143.007(a), Election Code, is amended to
1-16 read as follows:
1-17 (a) Except as otherwise provided by this code, an
1-18 application for a place on the ballot must be filed not later than
1-19 5 p.m. of the 45th day before the earliest allowable date for the
1-20 beginning of early voting by personal appearance in the election
1-21 [day]. An application may not be filed earlier than the 30th day
1-22 before the date of the filing deadline.
1-23 SECTION 3. Section 143.008(b), Election Code, is amended to
1-24 read as follows:
2-1 (b) If at the deadline prescribed by Section 143.007 no
2-2 candidate has filed an application for a place on the ballot for an
2-3 office, the filing deadline for that office is extended to 5 p.m.
2-4 of the 40th day before the earliest allowable date for the
2-5 beginning of early voting by personal appearance in the election
2-6 [day].
2-7 SECTION 4. Section 144.005, Election Code, is amended by
2-8 amending Subsection (a) and adding Subsection (c) to read as
2-9 follows:
2-10 (a) An [Except as otherwise provided by law, an] application
2-11 for a place on the ballot must be filed not later than 5 p.m. of
2-12 the 45th day before the earliest allowable date for the beginning
2-13 of early voting by personal appearance in the election [day].
2-14 (c) The governing body of a political subdivision for which
2-15 a deadline for filing for candidacy is prescribed by a law outside
2-16 this code shall take appropriate action to comply with Subsection
2-17 (a) and to adjust any affected date, deadline, or procedure to
2-18 allow the same interval of time in relation to the filing deadline
2-19 as would be provided by application of the other law. The secretary
2-20 of state shall prescribe any rules necessary to facilitate the
2-21 implementation of this subsection.
2-22 SECTION 5. Section 145.092(b), Election Code, is amended to
2-23 read as follows:
2-24 (b) A candidate in an election for which the filing deadline
2-25 for an application for a place on the ballot is not later than 5
2-26 p.m. of the 45th day before the earliest allowable date for the
2-27 beginning of early voting by personal appearance in the election
3-1 [day] may not withdraw from the election after 5 p.m. of the 36th
3-2 day before the earliest allowable date for the beginning of early
3-3 voting by personal appearance in the election [day].
3-4 SECTION 6. Section 145.094(a), Election Code, is amended to
3-5 read as follows:
3-6 (a) The name of a candidate shall be omitted from the ballot
3-7 if the candidate:
3-8 (1) dies before the second day before the date of the
3-9 deadline for filing the candidate's application for a place on the
3-10 ballot;
3-11 (2) withdraws or is declared ineligible before 5 p.m.
3-12 of the second day before the beginning of early voting by personal
3-13 appearance, in an election subject to Section 145.092(a); or
3-14 (3) withdraws or is declared ineligible before 5 p.m.
3-15 of the 36th day before the earliest allowable date for the
3-16 beginning of early voting by personal appearance in the election
3-17 [day], in an election subject to Section 145.092(b).
3-18 SECTION 7. Section 145.096(a), Election Code, is amended to
3-19 read as follows:
3-20 (a) Except as provided by Subsection (b), a candidate's name
3-21 shall be placed on the ballot if the candidate:
3-22 (1) dies on or after the second day before the
3-23 deadline for filing the candidate's application for a place on the
3-24 ballot;
3-25 (2) is declared ineligible after 5 p.m. of the second
3-26 day before the beginning of early voting by personal appearance, in
3-27 an election subject to Section 145.092(a); or
4-1 (3) is declared ineligible after 5 p.m. of the 36th
4-2 day before the earliest allowable date for the beginning of early
4-3 voting by personal appearance in the election [day], in an election
4-4 subject to Section 145.092(b).
4-5 SECTION 8. Section 63.0945(d), Water Code, is amended to read
4-6 as follows:
4-7 (d) A declaration of write-in candidacy must be filed not
4-8 later than 5 p.m. of the fifth day after the date an application
4-9 for a place on the ballot is required to be filed [45th day before
4-10 election day. However, if a candidate whose name is to appear on
4-11 the ballot dies or is declared ineligible after the 48th day before
4-12 election day, a declaration of write-in candidacy for the office
4-13 sought by the deceased or ineligible candidate may be filed not
4-14 later than 5 p.m. of the 42nd day before election day].
4-15 SECTION 9. Section 130.0825(b), Education Code, is amended to
4-16 read as follows:
4-17 (b) A declaration of write-in candidacy must be filed not
4-18 later than 5 p.m. of the fifth day after the date an application
4-19 for a place on the ballot is required to be filed [45th day before
4-20 election day. However, if a candidate whose name is to appear on
4-21 the ballot dies or is declared ineligible after the 48th day before
4-22 election day, a declaration of write-in candidacy for the office
4-23 sought by the deceased or ineligible candidate may be filed not
4-24 later than 5 p.m. of the 42nd day before election day].
4-25 SECTION 10. Section 285.131(d), Health and Safety Code, is
4-26 amended to read as follows:
4-27 (d) A declaration of [for] write-in candidacy must be filed
5-1 not later than 5 p.m. of the fifth day after the date an
5-2 application for a place on the ballot is required to be filed [45th
5-3 day before election day. However, if a candidate whose name is to
5-4 appear on the ballot dies or is declared ineligible after the 48th
5-5 day before election day, a declaration of write-in candidacy for
5-6 the office sought by the deceased or ineligible candidate may be
5-7 filed not later than 5 p.m. of the 42nd day before election day].
5-8 SECTION 11. Section 11.055(a), Education Code, is amended to
5-9 read as follows:
5-10 (a) An application of a candidate for a place on the ballot
5-11 must be filed not later than 5 p.m. of the 45th day before the
5-12 earliest allowable date for the beginning of early voting by
5-13 personal appearance in [date of] the election. An application may
5-14 not be filed earlier than the 30th day before the date of the
5-15 filing deadline.
5-16 SECTION 12. This Act takes effect November 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3305 was passed by the House on May
11, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 3305 on May 25, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 3305 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3305 was passed by the Senate, with
amendments, on May 22, 2001, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 3305 on May 27, 2001,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor