1-1 By: Martinez Fischer (Senate Sponsor-Van de Putte) H.B. No. 3305
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 11, 2001, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to changing the deadlines and authority for ordering the
1-10 election and filing for candidacy in political subdivision
1-11 elections.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 3.004(a), Election Code, is amended to
1-14 read as follows:
1-15 (a) The following authority shall order an election:
1-16 (1) the county judge, for the general election for
1-17 officers of the county government; and
1-18 (2) [the mayor, for the general election for city
1-19 officers; and]
1-20 [(3)] the governing body of a political subdivision,
1-21 other than a county [or city], that has elective offices, for the
1-22 general election for those officers.
1-23 SECTION 2. Section 3.005, Election Code, is amended to read
1-24 as follows:
1-25 Sec. 3.005. TIME FOR ORDERING ELECTION. (a) An election
1-26 ordered by an authority of a political subdivision shall be ordered
1-27 not later than the 45th day before the earliest allowable date for
1-28 the beginning of early voting by personal appearance in the
1-29 election [day].
1-30 (b) This section supersedes a law outside this code to the
1-31 extent of any conflict.
1-32 SECTION 3. Section 143.007(a), Election Code, is amended to
1-33 read as follows:
1-34 (a) Except as otherwise provided by this code, an
1-35 application for a place on the ballot must be filed not later than
1-36 5 p.m. of the 45th day before the earliest allowable date for the
1-37 beginning of early voting by personal appearance in the election
1-38 [day]. An application may not be filed earlier than the 30th day
1-39 before the date of the filing deadline.
1-40 SECTION 4. Section 143.008(b), Election Code, is amended to
1-41 read as follows:
1-42 (b) If at the deadline prescribed by Section 143.007 no
1-43 candidate has filed an application for a place on the ballot for an
1-44 office, the filing deadline for that office is extended to 5 p.m.
1-45 of the 40th day before the earliest allowable date for the
1-46 beginning of early voting by personal appearance in the election
1-47 [day].
1-48 SECTION 5. Section 144.005, Election Code, is amended by
1-49 amending Subsection (a) and adding Subsection (c) to read as
1-50 follows:
1-51 (a) An [Except as otherwise provided by law, an] application
1-52 for a place on the ballot must be filed not later than 5 p.m. of
1-53 the 45th day before the earliest allowable date for the beginning
1-54 of early voting by personal appearance in the election [day].
1-55 (c) The governing body of a political subdivision for which
1-56 a deadline for filing for candidacy is prescribed by a law outside
1-57 this code shall take appropriate action to comply with Subsection
1-58 (a) and to adjust any affected date, deadline, or procedure to
1-59 allow the same interval of time in relation to the filing deadline
1-60 as would be provided by application of the other law. The secretary
1-61 of state shall prescribe any rules necessary to facilitate the
1-62 implementation of this subsection.
1-63 SECTION 6. Section 145.092(b), Election Code, is amended to
1-64 read as follows:
2-1 (b) A candidate in an election for which the filing deadline
2-2 for an application for a place on the ballot is not later than 5
2-3 p.m. of the 45th day before the earliest allowable date for the
2-4 beginning of early voting by personal appearance in the election
2-5 [day] may not withdraw from the election after 5 p.m. of the 36th
2-6 day before the earliest allowable date for the beginning of early
2-7 voting by personal appearance in the election [day].
2-8 SECTION 7. Section 145.094(a), Election Code, is amended to
2-9 read as follows:
2-10 (a) The name of a candidate shall be omitted from the ballot
2-11 if the candidate:
2-12 (1) dies before the second day before the date of the
2-13 deadline for filing the candidate's application for a place on the
2-14 ballot;
2-15 (2) withdraws or is declared ineligible before 5 p.m.
2-16 of the second day before the beginning of early voting by personal
2-17 appearance, in an election subject to Section 145.092(a); or
2-18 (3) withdraws or is declared ineligible before 5 p.m.
2-19 of the 36th day before the earliest allowable date for the
2-20 beginning of early voting by personal appearance in the election
2-21 [day], in an election subject to Section 145.092(b).
2-22 SECTION 8. Section 145.096(a), Election Code, is amended to
2-23 read as follows:
2-24 (a) Except as provided by Subsection (b), a candidate's name
2-25 shall be placed on the ballot if the candidate:
2-26 (1) dies on or after the second day before the
2-27 deadline for filing the candidate's application for a place on the
2-28 ballot;
2-29 (2) is declared ineligible after 5 p.m. of the second
2-30 day before the beginning of early voting by personal appearance, in
2-31 an election subject to Section 145.092(a); or
2-32 (3) is declared ineligible after 5 p.m. of the 36th
2-33 day before the earliest allowable date for the beginning of early
2-34 voting by personal appearance in the election [day], in an election
2-35 subject to Section 145.092(b).
2-36 SECTION 9. Section 63.0945(d), Water Code, is amended to read
2-37 as follows:
2-38 (d) A declaration of write-in candidacy must be filed not
2-39 later than 5 p.m. of the fifth day after the date an application
2-40 for a place on the ballot is required to be filed [45th day before
2-41 election day. However, if a candidate whose name is to appear on
2-42 the ballot dies or is declared ineligible after the 48th day before
2-43 election day, a declaration of write-in candidacy for the office
2-44 sought by the deceased or ineligible candidate may be filed not
2-45 later than 5 p.m. of the 42nd day before election day].
2-46 SECTION 10. Section 130.0825(b), Education Code, is amended
2-47 to read as follows:
2-48 (b) A declaration of write-in candidacy must be filed not
2-49 later than 5 p.m. of the fifth day after the date an application
2-50 for a place on the ballot is required to be filed [45th day before
2-51 election day. However, if a candidate whose name is to appear on
2-52 the ballot dies or is declared ineligible after the 48th day before
2-53 election day, a declaration of write-in candidacy for the office
2-54 sought by the deceased or ineligible candidate may be filed not
2-55 later than 5 p.m. of the 42nd day before election day].
2-56 SECTION 11. Section 285.131(d), Health and Safety Code, is
2-57 amended to read as follows:
2-58 (d) A declaration of [for] write-in candidacy must be filed
2-59 not later than 5 p.m. of the fifth day after the date an
2-60 application for a place on the ballot is required to be filed [45th
2-61 day before election day. However, if a candidate whose name is to
2-62 appear on the ballot dies or is declared ineligible after the 48th
2-63 day before election day, a declaration of write-in candidacy for
2-64 the office sought by the deceased or ineligible candidate may be
2-65 filed not later than 5 p.m. of the 42nd day before election day].
2-66 SECTION 12. This Act takes effect September 1, 2001.
2-67 * * * * *