79R3007 DRH-F

By:  Swinford                                                     H.B. No. 2186



A BILL TO BE ENTITLED

AN ACT

relating to the holding of a special election to fill a vacancy in 
the legislature.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 203.003, Election Code, is amended to 
read as follows:   
	Sec. 203.003.  [MAJORITY] VOTE REQUIRED.  To be elected in a 
special election for an unexpired term, a candidate must receive:
		(1)  a majority of the total number of votes received by 
all candidates for the unexpired term if the unexpired term is 
longer than one year; or
		(2)  a plurality of the total number of votes received 
by all candidates for the unexpired term if the unexpired term is 
one year or less.
	SECTION 2.  Section 203.004, Election Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  For purposes of Subsection (a), the general primary 
election date is considered a uniform election date.  The secretary 
of state shall adopt any necessary procedures to allow for the 
holding of an election under this chapter on the general primary 
election day.
	SECTION 3.  Section 203.005(b), Election Code, is amended to 
read as follows:
	(b)  An application must, in addition to complying with  
Section 141.031,[:
		[(1)  state the political party with which the 
candidate is aligned or, if the candidate is not aligned with a 
party, state that fact; and
		[(2)]  be accompanied by:                                    
		(1) [(A)]  a filing fee in the amount prescribed by  
Section 172.024 for a candidate for nomination for the same office 
in a general primary election; or
		(2) [(B)]  a petition that satisfies the requirements 
prescribed by Section 141.062.
	SECTION 4.  Section 203.011, Election Code, is amended to 
read as follows:   
	Sec. 203.011.  INDEPENDENT CANDIDACY REQUIRED [PARTY 
ALIGNMENT ON BALLOT].  A [The party alignment of each candidate 
shall be printed on the official ballot next to the] candidate's 
name may appear on the ballot only as an independent.
	SECTION 5.  The change in law made by this Act applies only 
to a special election for a vacancy in the legislature that occurs 
on or after the effective date of this Act.
	SECTION 6.  This Act takes effect September 1, 2005.