| 1 | 1 | | 81R3474 JRH-D |
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| 2 | 2 | | By: Howard of Travis H.B. No. 420 |
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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 the nonpartisan election of members to the State Board |
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| 8 | 8 | | of Education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 7.101(b), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (b) Members of the board are elected at biennial general |
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| 13 | 13 | | elections held in compliance with the Election Code. A candidate's |
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| 14 | 14 | | name for the board may appear on the ballot only as an independent |
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| 15 | 15 | | candidate and Chapter 142, Election Code, applies to a candidate |
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| 16 | 16 | | for the board. |
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| 17 | 17 | | SECTION 2. Section 1.005, Election Code, is amended by |
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| 18 | 18 | | amending Subdivision (9) to read as follows: |
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| 19 | 19 | | (9) "Independent candidate" means a candidate in a |
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| 20 | 20 | | nonpartisan election or a candidate in a partisan election who is |
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| 21 | 21 | | not the nominee of a political party. The term includes a candidate |
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| 22 | 22 | | for the State Board of Education. |
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| 23 | 23 | | SECTION 3. Section 142.001, Election Code, is amended to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | Sec. 142.001. APPLICABILITY OF CHAPTER. This chapter |
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| 26 | 26 | | applies to: |
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| 27 | 27 | | (1) an independent candidate for an office that is to |
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| 28 | 28 | | be voted on at the general election for state and county officers |
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| 29 | 29 | | except the offices of president and vice-president of the United |
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| 30 | 30 | | States; and |
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| 31 | 31 | | (2) any candidate for the State Board of Education. |
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| 32 | 32 | | SECTION 4. Chapter 161, Election Code, is amended by adding |
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| 33 | 33 | | Section 161.0031 to read as follows: |
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| 34 | 34 | | Sec. 161.0031. NOMINATION FOR STATE BOARD OF EDUCATION |
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| 35 | 35 | | PROHIBITED. A political party may not make a nomination for the |
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| 36 | 36 | | office of State Board of Education. |
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| 37 | 37 | | SECTION 5. Section 172.024(a), Election Code, is amended |
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| 38 | 38 | | to read as follows: |
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| 39 | 39 | | (a) The filing fee for a candidate for nomination in the |
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| 40 | 40 | | general primary election is as follows: |
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| 41 | 41 | | (1) United States senator $5,000 |
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| 42 | 42 | | (2) office elected statewide, except United States |
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| 43 | 43 | | senator 3,750 |
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| 44 | 44 | | (3) United States representative 3,125 |
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| 45 | 45 | | (4) state senator 1,250 |
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| 46 | 46 | | (5) state representative 750 |
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| 47 | 47 | | (6) [member, State Board of Education 300 |
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| 48 | 48 | | [(7)] chief justice or justice, court of appeals, |
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| 49 | 49 | | other than a justice specified by Subdivision (7) [(8)] 1,875 |
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| 50 | 50 | | (7) [(8)] chief justice or justice of a court of appeals |
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| 51 | 51 | | that serves a court of appeals district in which a county with a |
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| 52 | 52 | | population of more than 750,000 is wholly or partly situated 2,500 |
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| 53 | 53 | | (8) [(9)] district judge or judge specified by Section |
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| 54 | 54 | | 52.092(d) for which this schedule does not otherwise prescribe a |
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| 55 | 55 | | fee 1,500 |
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| 56 | 56 | | (9) [(10)] district or criminal district judge of a |
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| 57 | 57 | | court in a judicial district wholly contained in a county with a |
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| 58 | 58 | | population of more than 850,000 2,500 |
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| 59 | 59 | | (10) [(11)] judge, statutory county court, other than a |
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| 60 | 60 | | judge specified by Subdivision (11) [(12)] 1,500 |
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| 61 | 61 | | (11) [(12)] judge of a statutory county court in a |
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| 62 | 62 | | county with a population of more than 850,000 2,500 |
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| 63 | 63 | | (12) [(13)] district attorney, criminal district |
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| 64 | 64 | | attorney, or county attorney performing the duties of a district |
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| 65 | 65 | | attorney 1,250 |
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| 66 | 66 | | (13) [(14)] county commissioner, district clerk, county |
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| 67 | 67 | | clerk, sheriff, county tax assessor-collector, county treasurer, |
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| 68 | 68 | | or judge, constitutional county court: |
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| 69 | 69 | | (A) county with a population of 200,000 or more |
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| 70 | 70 | | 1,250 |
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| 71 | 71 | | (B) county with a population of under 200,000 |
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| 72 | 72 | | 750 |
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| 73 | 73 | | (14) [(15)] justice of the peace or constable: |
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| 74 | 74 | | (A) county with a population of 200,000 or more |
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| 75 | 75 | | 1,000 |
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| 76 | 76 | | (B) county with a population of under 200,000 |
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| 77 | 77 | | 375 |
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| 78 | 78 | | (15) [(16)] county surveyor, inspector of hides and |
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| 79 | 79 | | animals, or public weigher 75 |
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| 80 | 80 | | (16) [(17)] office of the county government for which |
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| 81 | 81 | | this schedule does not otherwise prescribe a fee 750 |
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| 82 | 82 | | SECTION 6. This Act takes effect September 1, 2009. |
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