BILL ANALYSIS

Senate Research Center	H.B. 1135
82R11460 ATP-D	By: Aycock (Fraser)
	State Affairs
	5/10/2011
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Interested parties are concerned that there is a lack of specificity regarding whether a candidate for public office is authorized to amend a filed application for a place on a ballot or a petition in lieu of a filing fee submitted with the application.  The parties note that such amendments, which may be necessary to correct an error or an improper filing procedure, are difficult logistically for the party chairman to make.  The parties further note that the candidate may correct such an error by submitting a new application or petition before the filing deadline, and they assert that clarification is needed to specify that an application or petition may not be amended by the candidate, and the authority with whom the application is filed may not accept such an amendment, after the filing deadline for the application.

H.B. 1135 amends current law relating to an application to run for political office.

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 141.032, Election Code, by adding Subsection (g), as follows:

(g)  Provides that after the filing deadline:

(1)  a candidate may not amend an application filed under Section 141.031 (General Requirements for Application); and

(2)  the authority with whom the application is filed may not accept an amendment to an application filed under Section 141.031.

SECTION 2.  Amends Section 141.062, Election Code, by adding Subsection (c), as follows:

(c) Provides that after the filing deadline:

(1) a candidate may not amend a petition in lieu of a filing fee submitted with the candidate's application; and

(2) the authority with whom the application is filed may not accept an amendment to a petition in lieu of a filing fee submitted with the candidate's application.

SECTION 3.  Provides that the change in law made by this Act applies only to a candidate's application for a place on the ballot that is filed on or after the effective date of this Act.

SECTION 4.  Effective date:  September 1, 2011.