1 | 1 | | 84R3468 EES-D |
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2 | 2 | | By: Capriglione H.B. No. 2845 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the eligibility of a person to be a candidate for or |
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8 | 8 | | holder of a public elective office. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 141.001(a), Election Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) To be eligible to be a candidate for, or elected or |
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13 | 13 | | appointed to, a public elective office in this state, a person must: |
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14 | 14 | | (1) be a United States citizen; |
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15 | 15 | | (2) be 18 years of age or older on the first day of the |
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16 | 16 | | term to be filled at the election or on the date of appointment, as |
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17 | 17 | | applicable; |
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18 | 18 | | (3) have not been determined by a final judgment of a |
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19 | 19 | | court exercising probate jurisdiction to be: |
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20 | 20 | | (A) totally mentally incapacitated; or |
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21 | 21 | | (B) partially mentally incapacitated without the |
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22 | 22 | | right to vote; |
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23 | 23 | | (4) have not been finally convicted of a felony from |
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24 | 24 | | which the person has not been pardoned or otherwise released from |
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25 | 25 | | the resulting disabilities; |
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26 | 26 | | (5) have resided continuously in the state for 12 |
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27 | 27 | | months and in the territory from which the office is elected for six |
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28 | 28 | | months immediately preceding the following date: |
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29 | 29 | | (A) for a candidate whose name is to appear on a |
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30 | 30 | | general primary election ballot, the date of the regular filing |
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31 | 31 | | deadline for a candidate's application for a place on the ballot; |
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32 | 32 | | (B) for an independent candidate, the date of the |
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33 | 33 | | regular filing deadline for a candidate's application for a place |
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34 | 34 | | on the ballot; |
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35 | 35 | | (C) for a write-in candidate, the date of the |
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36 | 36 | | election at which the candidate's name is written in; |
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37 | 37 | | (D) for a party nominee who is nominated by any |
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38 | 38 | | method other than by primary election, the date the nomination is |
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39 | 39 | | made; and |
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40 | 40 | | (E) for an appointee to an office, the date the |
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41 | 41 | | appointment is made; [and] |
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42 | 42 | | (6) not be required to be registered as a lobbyist |
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43 | 43 | | under Chapter 305, Government Code; and |
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44 | 44 | | (7) satisfy any other eligibility requirements |
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45 | 45 | | prescribed by law for the office. |
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46 | 46 | | SECTION 2. Chapter 601, Government Code, is amended by |
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47 | 47 | | adding Section 601.011 to read as follows: |
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48 | 48 | | Sec. 601.011. ELECTED OFFICER MAY NOT BE REGISTERED |
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49 | 49 | | LOBBYIST. (a) A person may not qualify for a public elective |
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50 | 50 | | office if the person is required to be registered as a lobbyist |
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51 | 51 | | under Chapter 305, Government Code. |
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52 | 52 | | (b) Subsection (a) does not apply to an office for which the |
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53 | 53 | | federal or state constitution prescribes exclusive qualification |
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54 | 54 | | requirements. |
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55 | 55 | | SECTION 3. Section 7.103(c), Education Code, is amended to |
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56 | 56 | | read as follows: |
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57 | 57 | | (c) A person who is required to register as a lobbyist under |
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58 | 58 | | Chapter 305, Government Code, by virtue of the person's activities |
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59 | 59 | | for compensation in or on behalf of a profession, business, or |
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60 | 60 | | association related to the operation of the board, may not [serve as |
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61 | 61 | | a member of the board or] act as the general counsel to the board. |
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62 | 62 | | SECTION 4. The changes in law made by this Act apply only to |
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63 | 63 | | the eligibility and qualification requirements for a candidate or |
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64 | 64 | | officer whose term of office will begin on or after the effective |
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65 | 65 | | date of this Act. The eligibility and qualification requirements |
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66 | 66 | | for a candidate or officer whose term of office will begin before |
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67 | 67 | | the effective date of this Act are governed by the law in effect |
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68 | 68 | | immediately before the effective date of this Act, and the former |
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69 | 69 | | law is continued in effect for that purpose. |
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70 | 70 | | SECTION 5. This Act takes effect September 1, 2015. |
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