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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a person to be a candidate for or |
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holder of a public elective office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have not been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(4) have not been finally convicted of a felony from |
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which the person has not been pardoned or otherwise released from |
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the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; [and] |
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(6) not be required to be registered as a lobbyist |
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under Chapter 305, Government Code; and |
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(7) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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SECTION 2. Chapter 601, Government Code, is amended by |
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adding Section 601.011 to read as follows: |
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Sec. 601.011. ELECTED OFFICER MAY NOT BE REGISTERED |
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LOBBYIST. (a) A person may not qualify for a public elective |
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office if the person is required to be registered as a lobbyist |
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under Chapter 305, Government Code. |
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(b) Subsection (a) does not apply to an office for which the |
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federal or state constitution prescribes exclusive qualification |
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requirements. |
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SECTION 3. Section 7.103(c), Education Code, is amended to |
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read as follows: |
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(c) A person who is required to register as a lobbyist under |
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Chapter 305, Government Code, by virtue of the person's activities |
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for compensation in or on behalf of a profession, business, or |
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association related to the operation of the board, may not [serve as
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a member of the board or] act as the general counsel to the board. |
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SECTION 4. The changes in law made by this Act apply only to |
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the eligibility and qualification requirements for a candidate or |
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officer whose term of office will begin on or after the effective |
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date of this Act. The eligibility and qualification requirements |
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for a candidate or officer whose term of office will begin before |
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the effective date of this Act are governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |