BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 2956

79R9609 JRJ-D                                                                                               By: Hamric (Lindsay)

                                                                                                                                            Education

                                                                                                                                            5/17/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Most elected positions require a filing fee when one chooses to become a candidate.  Under current law, no filing fee is required to participate as a candidate for the board of trustees of a junior college district.  In previous years, junior college districts have experienced trouble with regard to participants in such elections. 

 

One year, a student, having a name similar to an incumbent, decided to run for the position based solely on the fact that citizens would think he was this particular incumbent, and therefore would vote for the student.  The student later changed his mind and withdrew one day past the deadline.  The Secretary of State confirmed that a contested election existed even though the student chose to withdraw and stated he would not serve even if elected.  Because of this, the election cost to taxpayers was $85,000. 

 

H.B. 2956 requires a candidate for junior college trustee in certain populous districts to pay a filing fee or submit a petition signed by a requisite number of registered voters.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 130.044, Education Code, by adding Subsection (g) to authorize the board of trustees of a district with a population greater than one million to require that an application filed under Subsection (d) be accompanied by a filing fee not to exceed $200 as determined by the board or, instead of the filing fee, a petition signed by a number of registered voters of the district not to exceed 200 as determined by the board.

 

SECTION 2.  Effective date:  September 1, 2005.