81R3474 JRH-D By: Howard of Travis H.B. No. 420 A BILL TO BE ENTITLED AN ACT relating to the nonpartisan election of members to the State Board of Education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 7.101(b), Education Code, is amended to read as follows: (b) Members of the board are elected at biennial general elections held in compliance with the Election Code. A candidate's name for the board may appear on the ballot only as an independent candidate and Chapter 142, Election Code, applies to a candidate for the board. SECTION 2. Section 1.005, Election Code, is amended by amending Subdivision (9) to read as follows: (9) "Independent candidate" means a candidate in a nonpartisan election or a candidate in a partisan election who is not the nominee of a political party. The term includes a candidate for the State Board of Education. SECTION 3. Section 142.001, Election Code, is amended to read as follows: Sec. 142.001. APPLICABILITY OF CHAPTER. This chapter applies to: (1) an independent candidate for an office that is to be voted on at the general election for state and county officers except the offices of president and vice-president of the United States; and (2) any candidate for the State Board of Education. SECTION 4. Chapter 161, Election Code, is amended by adding Section 161.0031 to read as follows: Sec. 161.0031. NOMINATION FOR STATE BOARD OF EDUCATION PROHIBITED. A political party may not make a nomination for the office of State Board of Education. SECTION 5. Section 172.024(a), Election Code, is amended to read as follows: (a) The filing fee for a candidate for nomination in the general primary election is as follows: (1) United States senator $5,000 (2) office elected statewide, except United States senator 3,750 (3) United States representative 3,125 (4) state senator 1,250 (5) state representative 750 (6) [member, State Board of Education 300 [(7)] chief justice or justice, court of appeals, other than a justice specified by Subdivision (7) [(8)] 1,875 (7) [(8)] chief justice or justice of a court of appeals that serves a court of appeals district in which a county with a population of more than 750,000 is wholly or partly situated 2,500 (8) [(9)] district judge or judge specified by Section 52.092(d) for which this schedule does not otherwise prescribe a fee 1,500 (9) [(10)] district or criminal district judge of a court in a judicial district wholly contained in a county with a population of more than 850,000 2,500 (10) [(11)] judge, statutory county court, other than a judge specified by Subdivision (11) [(12)] 1,500 (11) [(12)] judge of a statutory county court in a county with a population of more than 850,000 2,500 (12) [(13)] district attorney, criminal district attorney, or county attorney performing the duties of a district attorney 1,250 (13) [(14)] county commissioner, district clerk, county clerk, sheriff, county tax assessor-collector, county treasurer, or judge, constitutional county court: (A) county with a population of 200,000 or more 1,250 (B) county with a population of under 200,000 750 (14) [(15)] justice of the peace or constable: (A) county with a population of 200,000 or more 1,000 (B) county with a population of under 200,000 375 (15) [(16)] county surveyor, inspector of hides and animals, or public weigher 75 (16) [(17)] office of the county government for which this schedule does not otherwise prescribe a fee 750 SECTION 6. This Act takes effect September 1, 2009.