79R8603 JSA-D

By:  Nixon                                                        H.B. No. 2030



A BILL TO BE ENTITLED

AN ACT

relating to defining residency for purposes of eligibility to hold 
or be a candidate for public office.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 601, Government Code, is amended by 
adding Section 601.009 to read as follows:
	Sec. 601.009.  RESIDENCY AS QUALIFICATION FOR PUBLIC OFFICE.  
(a)  This section applies to each public office established under 
state law, including an office of a political subdivision, for 
purposes of determining whether a person satisfies any requirement 
of law that the person be or have been a resident of a particular 
district, political subdivision, or other territory to be eligible 
to hold or be elected to the office.
	(b)  A person is a resident of a territory at any time or for 
any period only if the person maintains the person's principal, 
regular place of residence in that territory at that time or 
throughout that period.  The person's stated intent to reside at a 
place other than the individual's principal, regular place of 
residence does not determine whether the person resides at that 
other place.
	(c)  For purposes of Subsection (b), if a person maintains 
more than one place of residence, the person's principal, regular 
place of residence is the place of residence at which the person is 
known to really live.
	(d)  Notwithstanding Subsection (b), a person is not a 
resident of a territory at a time or for a period if:
		(1)  the person receives a residence homestead 
exemption from ad valorem taxes for a residence outside the 
territory at that time or during that period, unless before that 
time or period the person takes the action necessary to cancel the 
exemption and applies for a residence homestead exemption from ad 
valorem taxes for a residence located in the territory;
		(2)  the person is registered to vote at a residence 
outside the territory at that time or during that period, unless 
before the time or period the person takes the action necessary to 
change the person's voter registration to the location of a 
residence located in the territory; or
		(3)  at that time or during that period, the person 
identifies the address of a residence outside the territory as the 
person's principal residence address on:
			(A)  a tax return, application, notice, or other 
document related to taxes that the person files with or delivers to 
a governmental entity in accordance with law; or
			(B)  an application, report, or other document the 
person submits to a governmental entity or political party in 
accordance with law in connection with the person's status as a 
candidate for public office or as a public official.
	SECTION 2.  Section 601.009, Government Code, as added by 
this Act, applies to a determination of a person's residency only 
for a time or period that occurs on or after the effective date of 
this Act.
	SECTION 3.  This Act takes effect September 1, 2005.