H.B. No. 1476
AN ACT
relating to the election of certain unopposed candidates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.051(a), Election Code, is amended to
read as follows:
(a) Except as provided by Sections [Section] 2.055 and
2.056, this subchapter applies only to an election for officers of a
political subdivision other than a county in which write-in votes
may be counted only for names appearing on a list of write-in
candidates and in which:
(1) each candidate whose name is to appear on the
ballot is unopposed, except as provided by Subsection (b); and
(2) no proposition is to appear on the ballot.
SECTION 2. Subchapter C, Chapter 2, Election Code, is
amended by adding Section 2.056 to read as follows:
Sec. 2.056. UNOPPOSED CANDIDATE FOR OFFICE OF STATE OR
COUNTY GOVERNMENT. (a) In this section:
(1) "Certifying authority" means:
(A) the secretary of state, for a statewide or
district office; or
(B) the county clerk, for a county or precinct
office.
(2) "Office of the state or county government" means
an office described by Section 52.092(a)(2) or (3).
(b) This section applies only to the general election for
state and county officers.
(c) A certifying authority may declare a candidate elected
to an office of the state or county government if:
(1) the candidate is the only person whose name is to
appear on the ballot for that office; and
(2) no candidate's name is to be placed on a list of
write-in candidates for that office under Subchapter B, Chapter
146.
(d) If a declaration is made under Subsection (c):
(1) the election for that office is not held; and
(2) the name of the candidate is listed on the ballot
as elected to the office as provided by this section.
(e) The offices and names of any candidates declared elected
under this section shall be listed separately after the contested
races in the election under the heading "Unopposed Candidates
Declared Elected." The candidates shall be grouped according to
their respective political party affiliations or status as
independents in the same relative order prescribed for the ballot
generally. No votes are cast in connection with the candidates.
(f) The secretary of state by rule may prescribe any
additional procedures as necessary to accommodate a particular
voting system or ballot style and to facilitate the efficient and
cost-effective implementation of this section.
(g) The certifying authority shall issue a certificate of
election to a candidate declared elected under this section in the
same manner as provided for a candidate elected at the election.
SECTION 3. Section 124.003, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) Section 2.056 supersedes this section to the extent of
any conflict.
SECTION 4. This Act takes effect on the date on which the
constitutional amendment proposed by the 78th Legislature, Regular
Session, 2003, authorizing the legislature to permit a person to
take office without an election if the person is the only candidate
to qualify in an election for that office takes effect. If that
amendment is not approved by the voters, this Act has no effect.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1476 was passed by the House on May 2,
2003, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1476 was passed by the Senate on May
27, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor