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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to cancel certain elections on a measure. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2.081, Election Code, is |
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amended to read as follows: |
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Sec. 2.081. CANCELLATION OF [MOOT] MEASURE. |
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SECTION 2. Section 2.081, Election Code, is amended by |
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adding Subsections (a-1) and (a-2) and amending Subsections (b) and |
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(c) to read as follows: |
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(a-1) Not later than the 74th day before election day, the |
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authority that ordered an election on a measure may cancel the |
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election on the measure if not earlier than the 90th day before the |
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election on the measure, the governor issues a disaster declaration |
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under Chapter 418, Government Code, covering an area within the |
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authority's jurisdiction. |
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(a-2) If an election on a measure required following the |
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submission of a petition signed by a number of registered voters is |
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canceled under Subsection (a-1), the authority that ordered the |
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election shall order a new election on the measure for the first |
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available uniform election day after the canceled election. |
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(b) If an election on a measure is canceled or the measure is |
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removed from the ballot [declared moot] under this section [and is |
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removed from the ballot], the authority holding the election shall |
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post notice of the cancellation or removal [declaration] during |
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early voting by personal appearance and on election day, at each |
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polling place that would have been used for the election on the |
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measure. |
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(c) A county election officer, as defined by Section 31.091, |
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may use a single combined notice of cancellation under Subsection |
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(b) for all authorities: |
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(1) for which the officer provides election services |
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under contract; and |
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(2) that cancel an election on a measure or remove a |
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measure from the ballot [declare an election moot] under Subsection |
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(a) or (a-1). |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |