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78R17465 DRH-D


By:  Ellis                                                        S.B. No. 1611

Substitute the following for S.B. No. 1611:                                   

By:  Harper-Brown                                             C.S.S.B. No. 1611


A BILL TO BE ENTITLED
AN ACT
relating to the determination and clarification of certain dates, deadlines, and procedures under the Election Code. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1.006, Election Code, is amended to read as follows: Sec. 1.006. EFFECT OF WEEKEND OR HOLIDAY. (a) If the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, the act is timely if performed on the next regular business day, except as otherwise provided by this code. (b) If the last day for performance of an act is extended under Subsection (a), the extended date is used to determine any other dates and deadlines, and the dates or times of any related procedures, that are expressly required to be made on a date or at a time determined in relation to the last day for performance of the act. (c) A declaration of ineligibility of a candidate is considered to be the performance of an act under this section for purposes of causing the candidate's name to be omitted from the ballot. (d) The filing of a document, including a withdrawal request or resignation, is considered to be the performance of an act under this section for purposes of creating a vacancy to be filled at a subsequent election. (e) The death of a person is not considered to be the performance of an act under this section. SECTION 2. Sections 41.001(a) and (b), Election Code, are amended to read as follows: (a) Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates: (1) [the first Saturday in February; [(2)] the third [first] Saturday in May; [(3) the second Saturday in September;] or (2) [(4)] the first Tuesday after the first Monday in November. (b) Subsection (a) does not apply to: (1) a runoff election; (2) [an election for the issuance or assumption of bonds for any purpose authorized by law relating to public schools or colleges or the levy of a tax for the maintenance of a public school or college, if the governing body of the political subdivision having jurisdiction of the public school or college issuing or assuming the bonds or levying the tax: [(A) by resolution, order, or ordinance, finds that holding the election on a date other than a uniform election date is in the public interest, which finding is conclusive and incontestable; and [(B) the election is the only election of the type described by this subdivision held by that political subdivision on a date other than a uniform election date during the state fiscal biennium; [(3)] an election to resolve a tie vote; (3) [(4)] an election held under an order of a court or other tribunal; (4) [(5)] an emergency election ordered under Section 41.0011; (5) [(6)] an expedited election to fill a vacancy in the legislature held under Section 203.013; or (6) [(7)] an election held under a statute that expressly provides that the requirement of Subsection (a) does not apply to the election. SECTION 3. Section 41.001(e), Election Code, is amended to read as follows: (e) In addition to a date prescribed by Subsection (a), an [An] election for an office in which a majority vote is required and that is [may not be held on the September or February uniform election date. This subsection does not apply to an election] conducted under Section 26.045, Local Government Code, may be held on the first Saturday in February or the second Saturday in September, which are considered to be dates that comply with Subsection (a) and Section 26.045, Local Government Code. SECTION 4. Section 41.0052(a), Election Code, is amended to read as follows: (a) The governing body of a political subdivision other than a county may, not later than December 31, 2003 [1999], change the date on which it holds its general election for officers to another authorized uniform election date. An election on the new date may not be held before 2004 [2000]. SECTION 5. 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 an election of: (i) a county; or (ii) one or more other political subdivisions under an election services contract with the county election officer; 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 6. 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 an election of: (a) a county; or (b) one or more political subdivisions under an election services contract with the county election officer; 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 7. 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 an election of: (i) a county; or (ii) one or more political subdivisions under an election services contract with the county election officer; (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 8. 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 9. Section 172.029(c), Election Code, is amended to read as follows: (c) Not later than the fifth [10th] day after the date of the regular filing deadline for candidates' applications, the state chair shall deliver the chair's list to the secretary of state, and each county chair shall deliver a copy of the chair's list to the county clerk, the state chair, and the secretary of state. SECTION 10. Section 41.253(b), Education Code, is amended to read as follows: (b) The transitional board of trustees shall divide the consolidated district into nine single-member trustee districts in accordance with the procedures provided by Section 11.052. The transitional board shall order an election for the initial board of trustees to be held on the first May [February] uniform election date after the effective date of a consolidation order. SECTION 11. Section 49.103(b), Water Code, is amended to read as follows: (b) An election shall be held on the uniform election date, established by the Election Code, in [either February or] May of each even-numbered year to elect the appropriate number of directors. SECTION 12. Section 56.804(a), Water Code, is amended to read as follows: (a) The election shall be held on a uniform election day in [February or] May. SECTION 13. Section 41.001(d), Election Code, is repealed. SECTION 14. Not later than December 31, 2003, a political subdivision that before October 1, 2003, held its general election for officers on the February or September uniform election date or on the first Saturday in May shall change the election date as permitted by Section 41.0052, Election Code, as amended by this Act, to a date authorized by Section 41.001, Election Code, as amended by this Act. SECTION 15. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect September 1, 2003. (b) This section and Sections 1 and 8 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, this section and Sections 1 and 8 of this Act take effect September 1, 2003. (c) Sections 2, 3, 4, 10, 11, 12, and 13 of this Act take effect October 1, 2003, and apply only to an election ordered on or after that date.