82R7194 DRH-D
By: Garza H.B. No. 2416
A BILL TO BE ENTITLED
AN ACT
relating to defining residency for purposes of eligibility to hold
the office of or be a candidate for state representative.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 601, Government Code, is amended by
adding Section 601.009 to read as follows:
Sec. 601.009. RESIDENCY AS QUALIFICATION FOR OFFICE OF
STATE REPRESENTATIVE. (a) This section applies only to the
determination of where a person resides for purposes of Section 7,
Article III, Texas Constitution.
(b) A person is a resident of a district at any time or for
any period only if the person maintains the person's principal,
regular place of residence in that district at that time or
throughout that period. The person's stated intent to reside at a
place other than the individual's principal, regular place of
residence does not determine whether the person resides at that
other place.
(c) For purposes of Subsection (b), if a person maintains
more than one place of residence, the person's principal, regular
place of residence is the place of residence at which the person
conducts more of the person's regular household activities, such as
sleeping, preparing and taking meals, spending time with a spouse
or children, bathing, and dressing, than at any other place.
(d) Notwithstanding Subsection (b), a person is not a
resident of a district at a time or for a period if:
(1) the person receives a residence homestead
exemption from ad valorem taxes for a residence outside the
district at that time or during that period, unless before that time
or period the person takes the action necessary to cancel the
exemption and applies for a residence homestead exemption from ad
valorem taxes for a residence located in the district;
(2) the person is registered to vote at a residence
outside the district at that time or during that period, unless
before the time or period the person takes the action necessary to
change the person's voter registration to the location of a
residence located in the district; or
(3) at that time or during that period, the person
identifies the address of a residence outside the district as the
person's home or residence address on:
(A) a tax return, application, notice, or other
document related to taxes that the person files with or delivers to
a governmental entity in accordance with law; or
(B) an application, report, or other document the
person submits to a governmental entity or political party in
accordance with law in connection with the person's status as a
candidate for public office or as a public official.
(e) A candidate for the office of state representative in a
primary, primary runoff, or general election may initiate an action
challenging another candidate's compliance with the residency
requirements of Section 7, Article III, Texas Constitution, as
determined under this section by:
(1) seeking an administrative declaration from the
secretary of state under Section 145.003, Election Code; or
(2) bringing suit in the district court of a county in
which the state representative district is located.
SECTION 2. Section 601.009, Government Code, as added by
this Act, applies to a determination of a person's residency only
for a time or period that occurs on or after the effective date of
this Act.
SECTION 3. This Act takes effect September 1, 2011.