84R3468 EES-D
By: Capriglione H.B. No. 2845
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a person to be a candidate for or
holder of a public elective office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.001(a), Election Code, is amended to
read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
(3) have not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
(5) have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate, the date of the
regular filing deadline for a candidate's application for a place
on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made; [and]
(6) not be required to be registered as a lobbyist
under Chapter 305, Government Code; and
(7) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 2. Chapter 601, Government Code, is amended by
adding Section 601.011 to read as follows:
Sec. 601.011. ELECTED OFFICER MAY NOT BE REGISTERED
LOBBYIST. (a) A person may not qualify for a public elective
office if the person is required to be registered as a lobbyist
under Chapter 305, Government Code.
(b) Subsection (a) does not apply to an office for which the
federal or state constitution prescribes exclusive qualification
requirements.
SECTION 3. Section 7.103(c), Education Code, is amended to
read as follows:
(c) A person who is required to register as a lobbyist under
Chapter 305, Government Code, by virtue of the person's activities
for compensation in or on behalf of a profession, business, or
association related to the operation of the board, may not [serve as
a member of the board or] act as the general counsel to the board.
SECTION 4. The changes in law made by this Act apply only to
the eligibility and qualification requirements for a candidate or
officer whose term of office will begin on or after the effective
date of this Act. The eligibility and qualification requirements
for a candidate or officer whose term of office will begin before
the effective date of this Act are governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2015.