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By:  Deshotel                                                     H.B. No. 2630



A BILL TO BE ENTITLED

AN ACT

relating to the time of the local canvass and the counting of 
certain early voting mail ballots in certain elections.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 67.003, Election Code, is amended to 
read as follows:    
	Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing 
authority shall convene to conduct the local canvass at the time set 
by the canvassing authority's presiding officer:
		(1)  on the seventh day after election day for:                        
			(A)  the general election for state and county 
officers; or         
			(B)  an election of a political subdivision that 
is held jointly with the general election for state and county 
officers; or
		(2)  not earlier than the third day or later than the 
sixth day after election day for an election other than an [the 
general] election described by Subdivision (1) [for state and 
county officers].
	SECTION 2.  Section 86.007(d), Election Code, is amended to 
read as follows: 
	(d)  A marked ballot voted by mail that arrives after the 
time prescribed by Subsection (a) shall be counted if:
		(1)  the ballot was cast from an address outside the 
United States;         
		(2)  the carrier envelope was placed for delivery 
before the time the ballot is required to arrive under Subsection 
(a); and
		(3)  the ballot arrives at the address on the carrier 
envelope not later than:
			(A)  the fifth day after the date of:                                 
				(i)  the general election for state and 
county officers; or        
				(ii)  an election of a political subdivision 
that is held jointly with the general election for state and county 
officers; or
			(B)  the second day after the date of an election 
other than an [the general] election described by Paragraph (A) 
[for state and county officers].
	SECTION 3.  Section 87.125(a), Election Code, is amended to 
read as follows: 
	(a)  The early voting ballot board shall convene to count 
ballots voted by mail described by Section 86.007(d) at the time set 
by the presiding judge of the board [on]:
		(1)  on the sixth day after the date of:                        
				(i)  the general election for state and 
county officers; or        
				(ii)  an election of a political subdivision 
that is held jointly with the general election for state and county 
officers; or
			(B)  the second day after the date of an election 
other than an [the general] election described by Paragraph (A) 
[for state and county officers].
	SECTION 4.  Section 87.125(a), Election Code, is amended to 
read as follows: 
	(a)  The early voting ballot board shall convene to count 
ballots voted by mail described by Section 86.007(d) at the time set 
by the presiding judge of the board [on]:
		(1)  on the sixth day after the date of:                        
			(A)  the [a] general election for state and county 
officers; or
			(B)  an election of a political subdivision that 
is held jointly with the general election for state and county 
officers;
		(2)  on the second [fifth] day after the date of a 
primary [or special] election, at a time following the last mail 
delivery, or on an earlier day or at an earlier time if the early 
voting clerk certifies that all ballots mailed from outside the 
United States have been received; or
		(3)  not earlier than the third day or later than the 
fifth day after the date of an election other than an election 
described by Subdivision (1) or (2).
	SECTION 5.  Section 143.005(a), Election Code, is amended to 
read as follows:
	(a)  A city charter may prescribe requirements in connection 
with a candidate's application for a place on the ballot for an 
office of a home-rule city.  This section does not authorize a city 
charter requirement in connection with the timely filing of an 
application, and any charter requirement related to an 
application's timely filing is superseded by Section 143.007 and 
other applicable filing provisions prescribed by this code.
	SECTION 6.  This Act takes effect September 1, 2003, except 
that Sections 1 and 5 of this Act take effect immediately if this 
Act receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, Sections 1 and 5 take effect September 1, 2003.