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.