78R10750 E


By:  Truitt                                                       H.B. No. 1476

Substitute the following for H.B. No. 1476:                                   

By:  Howard                                                   C.S.H.B. No. 1476



A BILL TO BE ENTITLED

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.