Texas 2009 - 81st Regular

Texas House Bill HB258 Compare Versions

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Old	New	Differences
1	1	81R363 ATP-D
2	2	By: Berman H.B. No. 258
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the date on which a declaration of write-in candidacy
8	8	must be filed.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.056(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) A [Except as provided by Subsection (e), a] declaration
13	13	of write-in candidacy must be filed within the time prescribed by
14	14	Section 144.006, Election Code [not later than 5 p.m. of the fifth
15	15	day after the date an application for a place on the ballot is
16	16	required to be filed].
17	17	SECTION 2. Section 130.0825(b), Education Code, is amended
18	18	to read as follows:
19	19	(b) A [Except as provided by Subsection (e), a] declaration
20	20	of write-in candidacy must be filed within the time prescribed by
21	21	Section 144.006, Election Code [not later than 5 p.m. of the fifth
22	22	day after the date an application for a place on the ballot is
23	23	required to be filed].
24	24	SECTION 3. Section 144.006, Election Code, is amended to
25	25	read as follows:
26	26	Sec. 144.006. FILING DEADLINE FOR DECLARED WRITE-IN
27	27	CANDIDATE. (a) Except as otherwise provided by law, a declaration
28	28	of write-in candidacy must be filed not later than 5 p.m. of the
29	29	62nd day before election day [fifth day after the date an
30	30	application for a place on the ballot is required to be filed] in an
31	31	election in which[:
32	32	[(1) the filing deadline for an application for a
33	33	place on the ballot is the 62nd day before election day; and
34	34	[(2)] write-in votes may be counted only for names
35	35	appearing on a list of declared write-in candidates.
36	36	(b) For an election to be held on the date of the general
37	37	election for state and county officers, the day of the filing
38	38	deadline is the 70th [67th] day before election day.
39	39	SECTION 4. Section 146.054, Election Code, is amended to
40	40	read as follows:
41	41	Sec. 146.054. FILING DEADLINE. (a) Except as provided by
42	42	Subsection (b), a declaration of write-in candidacy must be filed
43	43	not later than 5 p.m. on the [of the fifth day after the] date an
44	44	application for a place on the ballot is required to be filed.
45	45	(b) For an election to be held on the date of the general
46	46	election for state and county officers, the day of the filing
47	47	deadline is the 70th [67th] day before election day.
48	48	SECTION 5. Section 285.131(d), Health and Safety Code, is
49	49	amended to read as follows:
50	50	(d) A [Except as provided by Subsection (g), a] declaration
51	51	of write-in candidacy must be filed within the time prescribed by
52	52	Section 144.006, Election Code [not later than 5 p.m. of the fifth
53	53	day after the date an application for a place on the ballot is
54	54	required to be filed].
55	55	SECTION 6. Section 50.004(d), Water Code, is amended to
56	56	read as follows:
57	57	(d) A declaration of write-in candidacy must be filed within
58	58	the time prescribed by Section 144.006, Election Code [not later
59	59	than 5 p.m. of the 45th day before election day]. However, if a
60	60	candidate whose name is to appear on the ballot dies or is declared
61	61	ineligible after the 65th [48th] day before election day, a
62	62	declaration of write-in candidacy for the office sought by the
63	63	deceased or ineligible candidate may be filed not later than 5 p.m.
64	64	of the 59th [42nd] day before election day.
65	65	SECTION 7. Section 63.0945(d), Water Code, is amended to
66	66	read as follows:
67	67	(d) A [Except as provided by Subsection (f), a] declaration
68	68	of write-in candidacy must be filed within the time prescribed by
69	69	Section 144.006, Election Code [not later than 5 p.m. of the fifth
70	70	day after the date an application for a place on the ballot is
71	71	required to be filed].
72	72	SECTION 8. The following laws are repealed:
73	73	(1) Sections 11.056(e) and 130.0825(e), Education
74	74	Code;
75	75	(2) Section 285.131(g), Health and Safety Code; and
76	76	(3) Section 63.0945(f), Water Code.
77	77	SECTION 9. The changes in law made by this Act apply only to
78	78	an election ordered on or after the effective date of this Act.
79	79	SECTION 10. This Act takes effect September 1, 2009.