By West                                                S.B. No. 719
         77R6326 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to making a voter information guide for judicial elections
 1-3     available to the public.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Title 16, Election Code, is amended by adding
 1-6     Chapter 278 to read as follows:
 1-7        CHAPTER 278.  VOTER INFORMATION GUIDE FOR JUDICIAL ELECTIONS
 1-8           Sec. 278.001.  APPLICABILITY OF CHAPTER.  This chapter
 1-9     applies to each candidate whose name is to appear on the ballot or
1-10     a list of declared write-in candidates in a judicial election.
1-11           Sec. 278.002.  VOTER INFORMATION GUIDE.  The secretary of
1-12     state may implement a voter information service program to:
1-13                 (1)  compile information on candidates for election in
1-14     the form of a voter information guide; and
1-15                 (2)  make the guide available to the public.
1-16           Sec. 278.003.  STATEMENT FILED BY CANDIDATE.  If the
1-17     secretary of state implements a voter information service program,
1-18     a candidate may file with the secretary not later than the 70th day
1-19     before the date of the judicial election an informational
1-20     statement, on a form prescribed by the secretary, to be included in
1-21     the voter information guide for that election.
1-22           Sec. 278.004.  STATEMENT REQUIREMENTS. (a)  A candidate's
1-23     statement must include a summary of the following information:
1-24                 (1)  current occupation;
 2-1                 (2)  educational and occupational background;
 2-2                 (3)  biographical information; and
 2-3                 (4)  any previous experience serving in government.
 2-4           (b)  The secretary of state may prescribe the format and
 2-5     length of the candidate's statement.
 2-6           Sec. 278.005.  REVIEW BY SECRETARY OF STATE. (a)  Not later
 2-7     than the fifth day after the date the candidate's statement is
 2-8     received, the secretary of state may review the statement to
 2-9     determine whether it complies with this chapter.
2-10           (b)  If the secretary of state determines that the statement
2-11     does not comply with the applicable requirements, the secretary may
2-12     reject the statement and deliver written notice of the reason for
2-13     the rejection to the candidate not later than the second day after
2-14     the date of rejection.
2-15           (c)  A candidate whose statement is rejected may resubmit the
2-16     statement subject to the prescribed deadline.
2-17           Sec. 278.006.  PREPARATION OF GUIDE. (a)  The secretary of
2-18     state may contract for the preparation of the voter information
2-19     guide after soliciting bids for that work.  The secretary may
2-20     prepare the guide if the secretary determines that the costs of
2-21     that preparation are less than or equal to the most reasonable bid
2-22     submitted.
2-23           (b)  The voter information guide must include the candidates'
2-24     statements that comply with this chapter, with candidates for
2-25     election and write-in candidates for election as separate groups.
2-26     The order of the candidates' names within the groups is determined
2-27     by a drawing conducted by the secretary of state.
 3-1           (c)  The secretary of state may prescribe appropriate
 3-2     explanatory material to be included in the voter information guide
 3-3     to assist the voters, including a statement that the guide may be
 3-4     used at the polls to assist the voters in marking their ballots.
 3-5           Sec. 278.007.  AVAILABILITY OF GUIDE.  (a)  If the secretary
 3-6     of state implements a voter information service program, the
 3-7     secretary may make the voter information guide available to the
 3-8     public:
 3-9                 (1)  on the Internet; and
3-10                 (2)  as an insert in each daily newspaper of general
3-11     circulation in the state.
3-12           (b)  If the secretary of state makes the voter information
3-13     guide available as provided by Subsection (a), the secretary shall
3-14     make the voter information guide available not later than the 45th
3-15     day before the date of each judicial election.
3-16           Sec. 278.008.  RATES FOR NEWSPAPER PUBLICATION OR
3-17     DISTRIBUTION. (a)  The rate a newspaper may charge for publishing
3-18     or distributing the voter information guide as an insert in its
3-19     daily newspaper may not exceed the lowest charge made for
3-20     publishing or distributing comparable inserted material included in
3-21     the newspaper for any other purposes.
3-22           (b)  In determining amounts charged under Subsection (a), the
3-23     amount of time used to publish or distribute the inserted material,
3-24     the number of times the inserted material is published or
3-25     distributed, the type of copy submitted for publication or
3-26     distribution, and any other relevant factors shall be considered.
3-27           (c)  Publication and distribution discounts offered by a
 4-1     newspaper to its commercial advertisers shall be offered on equal
 4-2     terms to the secretary of state.
 4-3           Sec. 278.009.  ADDITIONAL PROCEDURES. The secretary of state
 4-4     may prescribe any additional procedures necessary to implement this
 4-5     chapter.
 4-6           SECTION 2.  This Act takes effect September 1, 2001.