| 1 | 1 | | 81R8715 ATP-D |
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| 2 | 2 | | By: Flynn H.B. No. 3198 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring candidates for certain offices to pay a |
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| 8 | 8 | | filing fee or submit a petition in lieu of a filing fee to appear on |
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| 9 | 9 | | the ballot for the general election for state and county officers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 141, Local Government |
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| 12 | 12 | | Code, is amended by adding Section 141.040 to read as follows: |
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| 13 | 13 | | Sec. 141.040. FILING FEE OR PETITION FOR CERTAIN OFFICES |
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| 14 | 14 | | ELECTED AT GENERAL ELECTION FOR STATE AND COUNTY OFFICERS. (a) |
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| 15 | 15 | | This section applies only to the following offices: |
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| 16 | 16 | | (1) state representative; |
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| 17 | 17 | | (2) state senator; and |
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| 18 | 18 | | (3) an office of the state government elected |
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| 19 | 19 | | statewide. |
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| 20 | 20 | | (b) In addition to any other requirements, to be eligible to |
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| 21 | 21 | | be placed on the ballot for the general election for state and |
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| 22 | 22 | | county officers, a candidate who has not paid a filing fee or |
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| 23 | 23 | | submitted a petition in lieu of a filing fee as a candidate in a |
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| 24 | 24 | | primary election or as a write-in candidate must: |
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| 25 | 25 | | (1) pay a filing fee to the secretary of state; or |
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| 26 | 26 | | (2) submit to the secretary of state a petition in lieu |
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| 27 | 27 | | of a filing fee that satisfies the requirements prescribed by |
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| 28 | 28 | | Subsection (e) and Section 141.062. |
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| 29 | 29 | | (c) The amount of the filing fee is $500 for a candidate for |
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| 30 | 30 | | state representative or state senator and $1,000 for a candidate |
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| 31 | 31 | | for an office of state government elected statewide. |
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| 32 | 32 | | (d) Fees collected under this section shall be deposited in |
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| 33 | 33 | | a special account in the general revenue fund that may be |
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| 34 | 34 | | appropriated only to the secretary of state to help defray costs |
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| 35 | 35 | | involved with the holding of the general election for state and |
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| 36 | 36 | | county officers. |
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| 37 | 37 | | (e) The minimum number of signatures that must appear on the |
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| 38 | 38 | | petition authorized by Subsection (b) is: |
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| 39 | 39 | | (1) 500, for the office of state senator or state |
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| 40 | 40 | | representative; or |
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| 41 | 41 | | (2) 5,000, for a statewide office. |
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| 42 | 42 | | (f) The secretary of state shall adopt rules as necessary to |
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| 43 | 43 | | implement this section. |
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| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2009. |
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