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  88R1221 TSS-D
 
  By: Goodwin H.B. No. 259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of preferential voting in certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2, Election Code, is amended by adding
  Subchapter E to read as follows:
  SUBCHAPTER E. PREFERENTIAL VOTING
         Sec. 2.101.  USE OPTIONAL. The governing body of a
  municipality or independent school district may authorize the use
  of preferential voting as provided by this subchapter for a
  nonpartisan election of an officer of the municipality or school
  district, as appropriate, by majority vote.
         Sec. 2.102.  ADOPTION OF PREFERENTIAL VOTING PROCEDURES.
  (a) The secretary of state shall prescribe procedures to allow for
  an election of an office requiring a majority vote using a
  preferential voting system.
         (b)  The system must allow a voter to rank each candidate for
  an office through a numerical designation from the candidate the
  voter favors most to the candidate the voter favors least.
         Sec. 2.103.  DETERMINATION OF ELECTION RESULT. (a) If no
  candidate receives a majority of the votes cast designating the
  highest favorable ranking for an office, the votes of the candidate
  receiving the fewest number of votes are reassigned to the
  candidate ranking next highest in the preference of a voter.
         (b)  If after reassigning votes under Subsection (a) no
  candidate receives a majority of the votes cast designating the
  modified highest favorable ranking, the reassignment of a vote to a
  voter's next most preferred candidate under Subsection (a)
  continues until one candidate receives a majority.
         Sec. 2.104.  PRIMARY NOT HELD; FILING PERIOD. (a) A primary
  election is not held for an office to which this subchapter applies.
         (b)  The secretary of state shall prescribe the filing
  deadline for an application for a place on the ballot for an office
  to which this subchapter applies that is filled at the general
  election for state and county officers.
         Sec. 2.105.  RUNOFF ELECTION NOT HELD. Notwithstanding any
  other law, a runoff election is not held for an office to which this
  subchapter applies.
         SECTION 2.  This Act takes effect September 1, 2023.