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Amend HB 2030 by adding the following appropriately numbered
section to the bill and renumbering the remaining sections
appropriately:
SECTION ___. (a) Section 141.001(a), Election Code, is
amended to read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
(3) have not been determined mentally incompetent by a
final judgment of a court;
(4) have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
(5) have resided continuously in the state for two
years [12 months] and in the territory from which the office is
elected for one year [six months] immediately preceding the
following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate, the date of the
regular filing deadline for a candidate's application for a place
on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made; [and]
(6) not have been convicted of an offense under
Section 141.040 in the previous 24 months; and
(7) satisfy any other eligibility requirements
prescribed by law for the office.
(b) Section 141.002(a), Election Code, is amended to read as
follows:
(a) Instead of the one year [six-month] residence
requirement prescribed by Section 141.001(a)(5), a candidate for or
appointee to a precinct office must be a resident of the precinct on
the date prescribed by Section 141.001(a)(5) and must have resided
continuously in the county in which the precinct is located for one
year [six months] immediately preceding that date if an order
creating the precinct or changing the boundary of the precinct:
(1) was adopted less than 13 [seven] months before
that date; or
(2) was in litigation at any time during the 13th
[seventh] month immediately preceding that date.
(c) Section 141.003, Election Code, is amended to read as
follows:
Sec. 141.003. AGE AND RESIDENCE REQUIREMENTS FOR HOME-RULE
CITY OFFICE. (a) Different age and residence requirements from
those prescribed by Section 141.001 may be prescribed by a
home-rule city charter, but a minimum age may not be more than 21
years and a minimum length of residence in the state or city may not
be more than two years [12 months] immediately preceding election
day.
(b) A charter provision is void if it prescribes a minimum
age requirement of more than 21 years or a minimum length of
residence requirement of more than two years [12 months].
(d) Section 141.031, Election Code, is amended to read as
follows:
Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. A
candidate's application for a place on the ballot that is required
by this code must:
(1) be in writing;
(2) be signed and sworn to by the candidate and
indicate the date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name;
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) an indication of whether the office sought is
to be filled for a full or unexpired term if the office sought and
another office to be voted on have the same title but do not have
place numbers or other distinguishing numbers;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined mentally incompetent by a final judgment of a court;
(G) a statement that the candidate has not been
finally convicted of a felony from which the candidate has not been
pardoned or otherwise released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I will support and defend the constitution and laws of
the United States and of the State of Texas"; [and]
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; and
(M) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I am not currently violating the constitution or laws of
the United States and of the State of Texas.".
(e) Subchapter B, Chapter 141, Election Code, is amended by
adding Section 141.040 to read as follows:
Sec. 141.040. PROVIDING FALSE INFORMATION ON APPLICATION.
(a) A person commits an offense if the person knowingly provides
false information on an application for a place on the ballot.
(b) An offense under this section is a Class A misdemeanor.
(f) The changes in law made by this section apply only to the
eligibility requirements for a candidate whose term of office will
begin on or after the effective date of this Act. The eligibility
requirements for a candidate whose term of office will begin before
the effective date of this Act are governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.