SRC-JEC S.B. 1215 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1215
78R6011 DRH-DBy: Van de Putte
Intergovernmental Relations
5/1/2003
As Filed


DIGEST AND PURPOSE 

Currently, the deadline for calling an election in Texas is 45 days before
election day, in order for local entities to have time to prepare and meet
legal requirements for elections.  This deadline has not been changed
since Texas expanded its early voting period.  As proposed, S.B. 1215
moves the deadline for calling an election to 45 days before the first day
of early voting, and conforms other election deadlines to that change.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the secretary of state in
SECTION 4 (Section 144.005, Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3.005, Election Code, as follows:

(a)  Requires an election ordered by an authority of a political
subdivision to be ordered not later than the 45th day before the earliest
allowable date for the beginning of early voting by personal appearance in
the election, rather than the 45th day before election day. 

(b)  Provides that this section supersedes a law outside this code to the
extent of any conflict. 

SECTION 2.  Amends Section 143.007(a), Election Code, to make conforming
changes. 

SECTION 3.  Amends Section 143.008(b), Election Code, to make conforming
changes. 

SECTION 4.  Amends Section 144.005, Election Code, by amending Subsection
(a) and adding Subsection (c), as follows: 

(a)  Makes conforming changes.

(c)  Requires the governing body of a political subdivision for which a
deadline for filing for candidacy is prescribed by a law outside this code
to take appropriate action to comply with Subsection (a) and to adjust any
affected date, deadline, or procedure to allow the same interval of time
in relation to the filing deadline as would be provided by application of
the other law.  Requires the secretary of state to prescribe any rules
necessary to facilitate the implementation of this subsection. 

SECTION 5.  Amends Section 145.092(b), Election Code, to make conforming
changes. 

SECTION 6.  Amends Section 145.094(a), Election Code, to make conforming
changes. 

SECTION 7.  Amends Section 145.096(a), Election Code, to make conforming
changes. 

 SECTION 8.  Amends Section 63.0945(d), Water Code, to require a
declaration of write-in candidacy to be filed not later than 5 p.m. of the
fifth day after the date an application for a place on the ballot is
required to be filed, rather than the 45th day before election day.
Deletes a provision regarding an ineligible candidate. 

SECTION 9.  Amends Section 11.055(a), Education Code, to make conforming
changes. 

SECTION 10.  Amends Section 130.0825(b), Education Code, to make
conforming changes. 

SECTION 11.  Amends Section 285.131(d), Health and Safety Code, to make
conforming and nonsubstantive changes. 

SECTION  12.  Effective date:  November 1, 2003.
    Makes application of this Act prospective.