C.S.H.B. 2684 78(R)    BILL ANALYSIS


C.S.H.B. 2684
By: Denny
Elections
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes a city charter to prescribe requirements in
connection with a candidate's application for a place on the ballot for an
office of a home-rule city. (application).  In 2002, the Texas Supreme
Court overturned a longstanding reading of the Texas Election Code by
ruling that a city charter could provide a different filing deadline for
applications.  House Bill 2684 clarifies the Election Code by providing
that a home-rule city charter can provide additional requirements
regarding a candidate's application but that the charter cannot provide a
different deadline or time period for filing of the application.   


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2684 amends the Election Code by providing that provisions
authorizing a city charter to prescribe requirements in connection with a
candidate's application for a place on the ballot for an office of a
home-rule city (application) do not authorize a city charter requirement
in connection with the timely filing of an application.  The bill provides
that sections relating to the filing period for a candidate for city
office supersede any city charter requirements. 

    
EFFECTIVE DATE

On passage, of if the Act does not receive the necessary votes, September
1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2684 modifies the original by rewording the provisions prohibiting a
city charter from prescribing requirements relating to the filing deadline
for a candidate's application for a place on the ballot.