Texas 2015 - 84th Regular

Texas House Bill HB1978 Compare Versions

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11 84R8622 JRJ-D
22 By: Miller of Fort Bend H.B. No. 1978
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the requirements for a candidate's application for a
88 place on the ballot.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 141.031(a), Election Code, is amended to
1111 read as follows:
1212 (a) A candidate's application for a place on the ballot that
1313 is required by this code must:
1414 (1) be in writing;
1515 (2) be signed and sworn to before a notary public by
1616 the candidate and indicate the date that the candidate swears to the
1717 application;
1818 (3) be timely filed with the appropriate authority;
1919 and
2020 (4) include:
2121 (A) the candidate's name;
2222 (B) the candidate's occupation;
2323 (C) the office sought, including any place number
2424 or other distinguishing number;
2525 (D) an indication of whether the office sought is
2626 to be filled for a full or unexpired term if the office sought and
2727 another office to be voted on have the same title but do not have
2828 place numbers or other distinguishing numbers;
2929 (E) a statement that the candidate is a United
3030 States citizen;
3131 (F) a statement that the candidate has not been
3232 determined by a final judgment of a court exercising probate
3333 jurisdiction to be:
3434 (i) totally mentally incapacitated; or
3535 (ii) partially mentally incapacitated
3636 without the right to vote;
3737 (G) a statement that the candidate has not been
3838 finally convicted of a felony from which the candidate has not been
3939 pardoned or otherwise released from the resulting disabilities;
4040 (H) the candidate's date of birth;
4141 (I) the candidate's residence address or, if the
4242 residence has no address, the address at which the candidate
4343 receives mail and a concise description of the location of the
4444 candidate's residence;
4545 (J) the candidate's length of continuous
4646 residence in the state and in the territory from which the office
4747 sought is elected as of the date the candidate swears to the
4848 application;
4949 (K) the statement: "I, __________, of
5050 __________ County, Texas, being a candidate for the office of
5151 __________, swear that I will support and defend the constitution
5252 and laws of the United States and of the State of Texas"; and
5353 (L) a statement that the candidate is aware of
5454 the nepotism law, Chapter 573, Government Code.
5555 SECTION 2. Section 141.065(a), Election Code, is amended to
5656 read as follows:
5757 (a) Each part of a petition must include an affidavit of the
5858 person who circulated it, executed before a notary public, stating
5959 that the person:
6060 (1) pointed out and read to each signer, before the
6161 petition was signed, each statement pertaining to the signer that
6262 appears on the petition;
6363 (2) witnessed each signature;
6464 (3) verified each signer's registration status; and
6565 (4) believes each signature to be genuine and the
6666 corresponding information to be correct.
6767 SECTION 3. The changes in law made by this Act to Sections
6868 141.031(a) and 141.065(a), Election Code, apply to an application
6969 for a place on the ballot made or a petition circulated on or after
7070 the effective date of this Act. An application for a place on the
7171 ballot made or a petition circulated before the effective date of
7272 this Act is governed by the law in effect on the date the
7373 application is made or the petition is circulated, and the former
7474 law is continued in effect for that purpose.
7575 SECTION 4. This Act takes effect September 1, 2015.