By Martinez Fischer H.B. No. 3305
77R4977 GGS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to changing the deadlines for ordering the election and
1-3 filing for candidacy in political subdivision elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.005, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 3.005. TIME FOR ORDERING ELECTION. (a) An election
1-8 ordered by an authority of a political subdivision shall be ordered
1-9 not later than the 45th day before the earliest allowable date for
1-10 the beginning of early voting by personal appearance in the
1-11 election [day].
1-12 (b) This section supersedes a law outside this code to the
1-13 extent of any conflict.
1-14 SECTION 2. Section 143.007(a), Election Code, is amended to
1-15 read as follows:
1-16 (a) Except as otherwise provided by this code, an
1-17 application for a place on the ballot must be filed not later than
1-18 5 p.m. of the 45th day before the earliest allowable date for the
1-19 beginning of early voting by personal appearance in the election
1-20 [day]. An application may not be filed earlier than the 30th day
1-21 before the date of the filing deadline.
1-22 SECTION 3. Section 143.008(b), Election Code, is amended to
1-23 read as follows:
1-24 (b) If at the deadline prescribed by Section 143.007 no
2-1 candidate has filed an application for a place on the ballot for an
2-2 office, the filing deadline for that office is extended to 5 p.m.
2-3 of the 40th day before the earliest allowable date for the
2-4 beginning of early voting by personal appearance in the election
2-5 [day].
2-6 SECTION 4. Section 144.005, Election Code, is amended by
2-7 amending Subsection (a) and adding Subsection (c) to read as
2-8 follows:
2-9 (a) An [Except as otherwise provided by law, an] application
2-10 for a place on the ballot must be filed not later than 5 p.m. of
2-11 the 45th day before the earliest allowable date for the beginning
2-12 of early voting by personal appearance in the election [day].
2-13 (c) The governing body of a political subdivision for which
2-14 a deadline for filing for candidacy is prescribed by a law outside
2-15 this code shall take appropriate action to comply with Subsection
2-16 (a) and to adjust any affected date, deadline, or procedure to
2-17 allow the same interval of time in relation to the filing deadline
2-18 as would be provided by application of the other law. The secretary
2-19 of state shall prescribe any rules necessary to facilitate the
2-20 implementation of this subsection.
2-21 SECTION 5. Section 145.092(b), Election Code, is amended to
2-22 read as follows:
2-23 (b) A candidate in an election for which the filing deadline
2-24 for an application for a place on the ballot is not later than 5
2-25 p.m. of the 45th day before the earliest allowable date for the
2-26 beginning of early voting by personal appearance in the election
2-27 [day] may not withdraw from the election after 5 p.m. of the 36th
3-1 day before the earliest allowable date for the beginning of early
3-2 voting by personal appearance in the election [day].
3-3 SECTION 6. Section 145.094(a), Election Code, is amended to
3-4 read as follows:
3-5 (a) The name of a candidate shall be omitted from the ballot
3-6 if the candidate:
3-7 (1) dies before the second day before the date of the
3-8 deadline for filing the candidate's application for a place on the
3-9 ballot;
3-10 (2) withdraws or is declared ineligible before 5 p.m.
3-11 of the second day before the beginning of early voting by personal
3-12 appearance, in an election subject to Section 145.092(a); or
3-13 (3) withdraws or is declared ineligible before 5 p.m.
3-14 of the 36th day before the earliest allowable date for the
3-15 beginning of early voting by personal appearance in the election
3-16 [day], in an election subject to Section 145.092(b).
3-17 SECTION 7. Section 145.096(a), Election Code, is amended to
3-18 read as follows:
3-19 (a) Except as provided by Subsection (b), a candidate's name
3-20 shall be placed on the ballot if the candidate:
3-21 (1) dies on or after the second day before the
3-22 deadline for filing the candidate's application for a place on the
3-23 ballot;
3-24 (2) is declared ineligible after 5 p.m. of the second
3-25 day before the beginning of early voting by personal appearance, in
3-26 an election subject to Section 145.092(a); or
3-27 (3) is declared ineligible after 5 p.m. of the 36th
4-1 day before the earliest allowable date for the beginning of early
4-2 voting by personal appearance in the election [day], in an election
4-3 subject to Section 145.092(b).
4-4 SECTION 8. This Act takes effect September 1, 2001.