| 1 | 1 | | S.B. No. 1402 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to requiring certain political subdivisions to enter a |
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| 6 | 6 | | contract with the county elections administrator to perform |
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| 7 | 7 | | election services. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 31, Election Code, is |
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| 10 | 10 | | amended by adding Section 31.0925 to read as follows: |
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| 11 | 11 | | Sec. 31.0925. REQUEST FOR SERVICES REQUIRED. (a) This |
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| 12 | 12 | | section applies only to a political subdivision: |
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| 13 | 13 | | (1) that is located entirely in a county: |
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| 14 | 14 | | (A) with a population of more than 500,000 that |
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| 15 | 15 | | is served by a county elections administrator; and |
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| 16 | 16 | | (B) that does not contain a municipality with a |
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| 17 | 17 | | population of more than 150,000; and |
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| 18 | 18 | | (2) that is not an irrigation district created under |
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| 19 | 19 | | the authority of Section 52(b)(1) or (2), Article III, or Section |
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| 20 | 20 | | 59, Article XVI, Texas Constitution. |
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| 21 | 21 | | (b) The governing body of a political subdivision shall |
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| 22 | 22 | | request an election services contract with the county elections |
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| 23 | 23 | | administrator to perform all duties and functions of the political |
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| 24 | 24 | | subdivision in relation to an election that may be transferred |
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| 25 | 25 | | under this subchapter if the political subdivision receives a |
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| 26 | 26 | | petition requesting the contract signed by a number of registered |
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| 27 | 27 | | voters residing in the political subdivision that is equal to or |
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| 28 | 28 | | exceeds one percent of all votes cast in the most recent general |
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| 29 | 29 | | election held by the political subdivision. |
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| 30 | 30 | | (c) A petition under this section must be submitted to the |
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| 31 | 31 | | clerk of the political subdivision before January 1 of the year in |
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| 32 | 32 | | which the election to be administered under the requested election |
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| 33 | 33 | | services contract will be held. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2009. |
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| 39 | 39 | | ______________________________ ______________________________ |
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| 40 | 40 | | President of the Senate Speaker of the House |
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| 41 | 41 | | I hereby certify that S.B. No. 1402 passed the Senate on |
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| 42 | 42 | | April 22, 2009, by the following vote: Yeas 30, Nays 0; and that |
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| 43 | 43 | | the Senate concurred in House amendment on May 29, 2009, by the |
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| 44 | 44 | | following vote: Yeas 31, Nays 0. |
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| 45 | 45 | | ______________________________ |
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| 46 | 46 | | Secretary of the Senate |
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| 47 | 47 | | I hereby certify that S.B. No. 1402 passed the House, with |
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| 48 | 48 | | amendment, on May 26, 2009, by the following vote: Yeas 143, |
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| 49 | 49 | | Nays 1, one present not voting. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Chief Clerk of the House |
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| 52 | 52 | | Approved: |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | ______________________________ |
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| 56 | 56 | | Governor |
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