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A BILL TO BE ENTITLED
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AN ACT
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relating to defining residency for purposes of eligibility to hold |
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the office of or be a candidate for state representative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 601, Government Code, is amended by |
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adding Section 601.009 to read as follows: |
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Sec. 601.009. RESIDENCY AS QUALIFICATION FOR OFFICE OF |
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STATE REPRESENTATIVE. (a) This section applies only to the |
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determination of where a person resides for purposes of Section 7, |
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Article III, Texas Constitution. |
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(b) A person is a resident of a district at any time or for |
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any period only if the person maintains the person's principal, |
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regular place of residence in that district at that time or |
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throughout that period. The person's stated intent to reside at a |
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place other than the individual's principal, regular place of |
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residence does not determine whether the person resides at that |
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other place. |
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(c) For purposes of Subsection (b), if a person maintains |
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more than one place of residence, the person's principal, regular |
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place of residence is the place of residence at which the person |
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conducts more of the person's regular household activities, such as |
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sleeping, preparing and taking meals, spending time with a spouse |
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or children, bathing, and dressing, than at any other place. |
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(d) Notwithstanding Subsection (b), a person is not a |
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resident of a district at a time or for a period if: |
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(1) the person receives a residence homestead |
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exemption from ad valorem taxes for a residence outside the |
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district at that time or during that period, unless before that time |
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or period the person takes the action necessary to cancel the |
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exemption and applies for a residence homestead exemption from ad |
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valorem taxes for a residence located in the district; |
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(2) the person is registered to vote at a residence |
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outside the district at that time or during that period, unless |
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before the time or period the person takes the action necessary to |
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change the person's voter registration to the location of a |
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residence located in the district; or |
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(3) at that time or during that period, the person |
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identifies the address of a residence outside the district as the |
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person's home or residence address on: |
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(A) a tax return, application, notice, or other |
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document related to taxes that the person files with or delivers to |
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a governmental entity in accordance with law; or |
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(B) an application, report, or other document the |
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person submits to a governmental entity or political party in |
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accordance with law in connection with the person's status as a |
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candidate for public office or as a public official. |
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(e) A candidate for the office of state representative in a |
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primary, primary runoff, or general election may initiate an action |
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challenging another candidate's compliance with the residency |
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requirements of Section 7, Article III, Texas Constitution, as |
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determined under this section by: |
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(1) seeking an administrative declaration from the |
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secretary of state under Section 145.003, Election Code; or |
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(2) bringing suit in the district court of a county in |
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which the state representative district is located. |
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SECTION 2. Section 601.009, Government Code, as added by |
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this Act, applies to a determination of a person's residency only |
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for a time or period that occurs on or after the effective date of |
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this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |