78R5053 ATP-D

By:  Truitt                                                       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 STATE OR COUNTY OFFICE.  
(a) In this section:
		(1)  "Certifying authority" means:                                     
			(A)  the secretary of state, for a state or 
district office; or     
			(B)  the county clerk, for a county or precinct 
office.             
		(2)  "Precinct office" means an office described by 
Section 52.092(f).
	(b)  This section applies only to a general election for an 
office of the state or county government, including a precinct 
office.
	(c)  A certifying authority may declare a candidate elected 
to an office if:
		(1)  the candidate is the only person who has qualified 
to appear on the ballot for that office; and
		(2)  write-in votes may be counted in the election for 
that office only for names appearing on a list of write-in 
candidates, and no candidate's name is to be placed on the list of 
write-in candidates for that office.
	(d)  If a declaration is made under Subsection (c):                     
		(1)  an election is not held for that office; and                      
		(2)  the name of the candidate is listed on the ballot 
as elected to the office.
	(e)  The certifying authority shall issue a certificate of 
election to a candidate declared elected under Subsection (c) in 
the same manner as provided for a candidate elected at an election.
	SECTION 3.  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.