77R12405 GGS-F                           
         By Martinez Fischer                                   H.B. No. 3305
         Substitute the following for H.B. No. 3305:
         By Hodge                                          C.S.H.B. No. 3305
                                A BILL TO BE ENTITLED
 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 3.004(a), Election Code, is amended to
 1-7     read as follows:
 1-8           (a)  The following authority shall order an election:
 1-9                 (1)  the county judge, for the general election for
1-10     officers of the county government; and
1-11                 (2)  [the mayor, for the general election for city
1-12     officers; and]
1-13                 [(3)]  the governing body of a political subdivision,
1-14     other than a county [or city], that has elective offices, for the
1-15     general election for those officers.
1-16           SECTION 2. Section 3.005, Election Code, is amended to read
1-17     as follows:
1-18           Sec. 3.005.  TIME FOR ORDERING ELECTION. (a) An election
1-19     ordered by an authority of a political subdivision shall be ordered
1-20     not later than the 45th day before the earliest allowable date for
1-21     the beginning of early voting by personal appearance in the
1-22     election [day].
1-23           (b)  This section supersedes a law outside this code to the
1-24     extent of any conflict.
 2-1           SECTION 3. Section 143.007(a), Election Code, is amended to
 2-2     read as follows:
 2-3           (a)  Except as otherwise provided by this code, an
 2-4     application for a place on the ballot must be filed not later than
 2-5     5 p.m. of the 45th day before the earliest allowable date for the
 2-6     beginning of early voting by personal appearance in the election
 2-7     [day].   An application may not be filed earlier than the 30th day
 2-8     before the date of the filing deadline.
 2-9           SECTION 4. Section 143.008(b), Election Code, is amended to
2-10     read as follows:
2-11           (b)  If at the deadline prescribed by Section 143.007 no
2-12     candidate has filed an application for a place on the ballot for an
2-13     office, the filing deadline for that office is extended to 5 p.m.
2-14     of the 40th day before the earliest allowable date for the
2-15     beginning of early voting by personal appearance in the election
2-16     [day].
2-17           SECTION 5. Section 144.005, Election Code, is amended by
2-18     amending Subsection (a) and adding Subsection (c) to read as
2-19     follows:
2-20           (a)  An [Except as otherwise provided by law, an] application
2-21     for a place on the ballot must be filed not later than 5 p.m. of
2-22     the 45th day before the earliest allowable date for the beginning
2-23     of early voting by personal appearance in the election [day].
2-24           (c)  The governing body of a political subdivision for which
2-25     a deadline for filing for candidacy is prescribed by a law outside
2-26     this code shall take appropriate action to comply with Subsection
2-27     (a)  and to adjust any affected date, deadline, or procedure to
 3-1     allow the same interval of time in relation to the filing deadline
 3-2     as would be provided by application of the other law. The secretary
 3-3     of state shall prescribe any rules necessary to facilitate the
 3-4     implementation of this subsection.
 3-5           SECTION 6. Section 145.092(b), Election Code, is amended to
 3-6     read as follows:
 3-7           (b)  A candidate in an election for which the filing deadline
 3-8     for an application for a place on the ballot is not later than 5
 3-9     p.m. of the 45th day before  the earliest allowable date for the
3-10     beginning of early voting by personal appearance in the election
3-11     [day] may not withdraw from the election after 5 p.m. of the 36th
3-12     day before the earliest allowable date for the beginning of early
3-13     voting by personal appearance in the election [day].
3-14           SECTION 7. Section 145.094(a), Election Code, is amended to
3-15     read as follows:
3-16           (a)  The name of a candidate shall be omitted from the ballot
3-17     if the candidate:
3-18                 (1)  dies before the second day before the date of the
3-19     deadline for filing the candidate's application for a place on the
3-20     ballot;
3-21                 (2)  withdraws or is declared ineligible before 5 p.m.
3-22     of the second day before the beginning of early voting by personal
3-23     appearance, in an election subject to Section 145.092(a); or
3-24                 (3)  withdraws or is declared ineligible before 5 p.m.
3-25     of the 36th day before the earliest allowable date for the
3-26     beginning of early voting by personal appearance in the election
3-27     [day], in an election subject to Section 145.092(b).
 4-1           SECTION 8. Section 145.096(a), Election Code, is amended to
 4-2     read as follows:
 4-3           (a)  Except as provided by Subsection (b), a candidate's name
 4-4     shall be placed on the ballot if the candidate:
 4-5                 (1)  dies on or after the second day before the
 4-6     deadline for filing the candidate's application for a place on the
 4-7     ballot;
 4-8                 (2)  is declared ineligible after 5 p.m. of the second
 4-9     day before the beginning of early voting by personal appearance, in
4-10     an election subject to Section 145.092(a); or
4-11                 (3)  is declared ineligible after 5 p.m. of the 36th
4-12     day before the earliest allowable date for the beginning of early
4-13     voting by personal appearance in the election [day], in an election
4-14     subject to Section 145.092(b).
4-15           SECTION 9. Section 63.0945(d), Water Code, is amended to read
4-16     as follows:
4-17           (d)  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 130.0825(b), Education Code, is amended
4-26     to read as follows:
4-27           (b)  A declaration of write-in candidacy must be filed not
 5-1     later than 5 p.m. of the fifth day after the date an application
 5-2     for a place on the ballot is required to be filed [45th day before
 5-3     election day.  However, if a candidate whose name is to appear on
 5-4     the ballot dies or is declared ineligible after the 48th day before
 5-5     election day, a declaration of write-in candidacy for the office
 5-6     sought by the deceased or ineligible candidate may be filed not
 5-7     later than 5 p.m. of the 42nd day before election day].
 5-8           SECTION 11. Section 285.131(d), Health and Safety Code, is
 5-9     amended to read as follows:
5-10           (d)  A declaration of [for] write-in candidacy must be filed
5-11     not later than 5 p.m. of the fifth day after the date an
5-12     application for a place on the ballot is required to be filed [45th
5-13     day before election day.  However, if a candidate whose name is to
5-14     appear on the ballot dies or is declared ineligible after the 48th
5-15     day before election day, a declaration of write-in candidacy for
5-16     the office sought by the deceased or ineligible candidate may be
5-17     filed not later than 5 p.m. of the 42nd day before election day].
5-18           SECTION 12. This Act takes effect September 1, 2001.