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By:  Barrientos                                                           S.B. No. 135



A BILL TO BE ENTITLED

AN ACT

relating to the use of preferential voting in certain elections.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Chapter 2, Election Code, is amended by adding 
Subchapter D to read as follows:

SUBCHAPTER D.  USE OF PREFERENTIAL VOTING FOR
CERTAIN ELECTIONS
	Sec. 2.101.  USE OPTIONAL.  (a)  The governing body of a 
municipality or independent school district may require the use of 
preferential voting as provided by this subchapter for the election 
of an officer of the municipality or school district, as 
appropriate, by majority vote.
	(b)  The governing body of a county may require the use of 
preferential voting as provided by this subchapter for the primary 
election of a political party's nominee for an officer of the 
county.
	Sec. 2.102.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES. (a)  
The secretary of state shall prescribe procedures to allow for an 
election of an office requiring a majority vote using a 
preferential voting system.
	(b)  The system must allow a voter to rank each candidate for 
an office through a numerical designation from the candidate the 
voter favors most to the candidate the voter favors least.
	Sec. 2.103.  DETERMINATION OF ELECTION RESULT. (a)  If no 
candidate receives a majority of the votes cast designating the 
highest favorable ranking for an office, the votes of the candidate 
receiving the fewest number of votes are reassigned to the 
candidate ranking next highest in the preference of a voter.
	(b)  If after reassigning votes under Subsection (a) no 
candidate receives a majority of the votes cast designating the 
modified highest favorable ranking,  the reassignment of a vote to a 
voter's next most preferred candidate under Subsection (a) 
continues until one candidate receives a majority.
	(c)  If two or more candidates tie for the least number of 
votes before a reassignment of votes under Subsection (a) or (b), 
the tied candidates shall cast lots to determine which candidate's 
votes are reassigned.
	Sec. 2.104.  PRIMARY ELECTION.  (a)  To the extent 
possible, a primary election of a political party for a county 
office to which this subchapter applies shall be held as provided by 
Chapter 172.
	(b)  The secretary of state shall adopt necessary procedures 
to allow for the use of this subchapter at a primary election of a 
political party for nomination to an office of a county requiring 
the use of this subchapter.
	Sec. 2.105.  RUNOFF ELECTION NOT HELD. Notwithstanding any 
other law, a runoff election is not held for an office to which this 
subchapter applies.
	Sec. 2.106.  VOTER EDUCATION.  (a)  A political subdivision 
requiring the use of preferential voting as provided by this 
subchapter shall establish a program to educate voters on the use of 
preferential voting.
	(b)  The political subdivision shall provide funds for the 
program established under Subsection (a) in an amount equal to not 
less than 25 percent of the average annual costs of the political 
subdivision to hold runoff elections.
	SECTION 2.   This Act takes effect September 1, 2003.