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A BILL TO BE ENTITLED
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AN ACT
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relating to the nonpartisan election of members to the State Board |
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of Education; providing for a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.101(b), Education Code, is amended to |
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read as follows: |
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(b) Members of the board are elected at biennial general |
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elections held in compliance with the Election Code. A candidate's |
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name for the board may appear on the ballot only as an independent |
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candidate and Chapter 142, Election Code, applies to a candidate |
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for the board. |
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SECTION 2. Section 1.005(9), Election Code, is amended to |
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read as follows: |
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(9) "Independent candidate" means a candidate in a |
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nonpartisan election or a candidate in a partisan election who is |
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not the nominee of a political party. The term includes a candidate |
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for the State Board of Education. |
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SECTION 3. Sections 52.092(a) and (d), Election Code, are |
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amended to read as follows: |
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(a) For an election at which offices regularly filled at the |
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general election for state and county officers are to appear on the |
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ballot, the offices shall be listed in the following order: |
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(1) offices of the federal government; |
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(2) certain offices of the state government: |
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(A) statewide offices; |
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(B) partisan district offices; |
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(3) offices of the county government: |
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(A) county offices; |
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(B) precinct offices; |
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(4) nonpartisan election for the office of member, |
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State Board of Education. |
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(d) Partisan district [District] offices of the state |
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government shall be listed in the following order: |
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(1) [member, State Board of Education;
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[(2)] state senator; |
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(2) [(3)] state representative; |
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(3) [(4)] chief justice, court of appeals; |
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(4) [(5)] justice, court of appeals; |
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(5) [(6)] district judge; |
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(6) [(7)] criminal district judge; |
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(7) [(8)] family district judge; |
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(8) [(9)] district attorney; |
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(9) [(10)] criminal district attorney. |
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SECTION 4. Section 142.001, Election Code, is amended to |
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read as follows: |
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Sec. 142.001. APPLICABILITY OF CHAPTER. This chapter |
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applies to: |
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(1) an independent candidate for an office that is to |
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be voted on at the general election for state and county officers |
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except the offices of president and vice-president of the United |
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States; and |
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(2) any candidate for the State Board of Education. |
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SECTION 5. Section 142.004, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), an [An] |
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application must, in addition to complying with Section 141.031, be |
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accompanied by a petition that satisfies the requirements |
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prescribed by Section 141.062. |
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(c) An application for the office of member, State Board of |
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Education, may be accompanied by a filing fee in the amount of $300 |
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in lieu of the petition required by Subsection (b). |
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SECTION 6. Section 142.009, Election Code, is amended to |
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read as follows: |
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Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. (a) |
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A signature on a candidate's petition is invalid if the signer: |
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(1) signed the petition on or before general primary |
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election day or, if a runoff primary is held for the office sought |
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by the candidate, on or before runoff primary election day; or |
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(2) voted in the general or runoff primary election of |
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a political party that made a nomination, at either primary, for the |
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office sought by the candidate. |
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(b) This section does not apply to a petition for an |
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application for the office of member, State Board of Education. |
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SECTION 7. Chapter 161, Election Code, is amended by adding |
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Section 161.0031 to read as follows: |
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Sec. 161.0031. NOMINATION FOR STATE BOARD OF EDUCATION |
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PROHIBITED. A political party may not make a nomination for the |
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office of State Board of Education. |
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SECTION 8. Section 172.024(a), Election Code, is amended |
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to read as follows: |
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(a) The filing fee for a candidate for nomination in the |
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general primary election is as follows: |
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(1) United States senator$5,000 |
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(2) office elected statewide, except United States |
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senator3,750 |
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(3) United States representative3,125 |
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(4) state senator1,250 |
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(5) state representative750 |
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(6) [member, State Board of Education300
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[(7)] chief justice or justice, court of appeals, |
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other than a justice specified by Subdivision (7) [(8)]1,875 |
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(7) [(8)] chief justice or justice of a court of |
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appeals that serves a court of appeals district in which a |
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county with a population of more than one million is wholly or |
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partly situated2,500 |
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(8) [(9)] district judge or judge specified by Section |
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52.092(d) for which this schedule does not otherwise prescribe a |
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fee1,500 |
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(9) [(10)] district or criminal district judge of a |
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court in a judicial district wholly contained in a county with a |
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population of more than 1.5 million2,500 |
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(10) [(11)] judge, statutory county court, other than a |
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judge specified by Subdivision (11) [(12)]1,500 |
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(11) [(12)] judge of a statutory county court in a |
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county with a population of more than 1.5 million2,500 |
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(12) [(13)] district attorney, criminal district |
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attorney, or county attorney performing the duties of a district |
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attorney1,250 |
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(13) [(14)] county commissioner, district clerk, |
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county clerk, sheriff, county tax assessor-collector, county |
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treasurer, or judge, constitutional county court: |
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(A) county with a population of 200,000 or |
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more1,250 |
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(B) county with a population of under |
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200,000750 |
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(14) [(15)] justice of the peace or constable: |
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(A) county with a population of 200,000 or |
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more1,000 |
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(B) county with a population of under |
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200,000375 |
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(15) [(16)] county surveyor75 |
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(16) [(17)] office of the county government for which |
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this schedule does not otherwise prescribe a fee750 |
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SECTION 9. This Act takes effect September 1, 2015. |