By: Johnson (Senate Sponsor - West) H.B. No. 184
(In the Senate - Received from the House April 18, 2011;
April 20, 2011, read first time and referred to Committee on State
Affairs; May 9, 2011, reported favorably by the following vote:
Yeas 9, Nays 0; May 9, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the cancellation of a special election to fill a vacancy
in the legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.055, Election Code, is amended to read
as follows:
Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN
LEGISLATURE. (a) The secretary of state shall [may] declare an
unopposed candidate elected to fill a vacancy in the legislature
if:
(1) each candidate for an office that is to appear on
the ballot is unopposed; and
(2) no proposition is to appear on the ballot.
(b) The declaration under Subsection (a) shall be made on
the second day after:
(1) the last date an application for a place on the
special election ballot may be filed; or
(2) the date of a withdrawal, death, or final judgment
of ineligibility of a candidate that causes the remaining candidate
to be unopposed.
(c) After [If] a declaration is made under Subsection (a),
the election is not held. A copy of the declaration shall be posted
on election day at each polling place that would have been used in
the election.
(d) At the same time a declaration is made under Subsection
(a), the [(c) The] secretary of state shall issue a certificate of
election to each candidate in the same manner as provided for a
candidate elected at the election.
SECTION 2. This Act takes effect September 1, 2011.
* * * * *