1 | 1 | | 84R1624 JRJ-D |
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2 | 2 | | By: Hinojosa S.B. No. 1748 |
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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 nonpartisan election of members to the State Board |
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8 | 8 | | of Education; providing for a fee. |
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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 7.101(b), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (b) Members of the board are elected at biennial general |
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13 | 13 | | elections held in compliance with the Election Code. A candidate's |
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14 | 14 | | name for the board may appear on the ballot only as an independent |
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15 | 15 | | candidate and Chapter 142, Election Code, applies to a candidate |
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16 | 16 | | for the board. |
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17 | 17 | | SECTION 2. Section 1.005(9), Election Code, is amended to |
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18 | 18 | | read as follows: |
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19 | 19 | | (9) "Independent candidate" means a candidate in a |
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20 | 20 | | nonpartisan election or a candidate in a partisan election who is |
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21 | 21 | | not the nominee of a political party. The term includes a candidate |
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22 | 22 | | for the State Board of Education. |
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23 | 23 | | SECTION 3. Sections 52.092(a) and (d), Election Code, are |
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24 | 24 | | amended to read as follows: |
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25 | 25 | | (a) For an election at which offices regularly filled at the |
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26 | 26 | | general election for state and county officers are to appear on the |
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27 | 27 | | ballot, the offices shall be listed in the following order: |
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28 | 28 | | (1) offices of the federal government; |
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29 | 29 | | (2) certain offices of the state government: |
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30 | 30 | | (A) statewide offices; |
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31 | 31 | | (B) partisan district offices; |
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32 | 32 | | (3) offices of the county government: |
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33 | 33 | | (A) county offices; |
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34 | 34 | | (B) precinct offices; |
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35 | 35 | | (4) nonpartisan election for the office of member, |
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36 | 36 | | State Board of Education. |
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37 | 37 | | (d) Partisan district [District] offices of the state |
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38 | 38 | | government shall be listed in the following order: |
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39 | 39 | | (1) [member, State Board of Education; |
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40 | 40 | | [(2)] state senator; |
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41 | 41 | | (2) [(3)] state representative; |
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42 | 42 | | (3) [(4)] chief justice, court of appeals; |
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43 | 43 | | (4) [(5)] justice, court of appeals; |
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44 | 44 | | (5) [(6)] district judge; |
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45 | 45 | | (6) [(7)] criminal district judge; |
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46 | 46 | | (7) [(8)] family district judge; |
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47 | 47 | | (8) [(9)] district attorney; |
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48 | 48 | | (9) [(10)] criminal district attorney. |
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49 | 49 | | SECTION 4. Section 142.001, Election Code, is amended to |
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50 | 50 | | read as follows: |
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51 | 51 | | Sec. 142.001. APPLICABILITY OF CHAPTER. This chapter |
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52 | 52 | | applies to: |
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53 | 53 | | (1) an independent candidate for an office that is to |
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54 | 54 | | be voted on at the general election for state and county officers |
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55 | 55 | | except the offices of president and vice-president of the United |
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56 | 56 | | States; and |
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57 | 57 | | (2) any candidate for the State Board of Education. |
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58 | 58 | | SECTION 5. Section 142.004, Election Code, is amended by |
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59 | 59 | | amending Subsection (b) and adding Subsection (c) to read as |
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60 | 60 | | follows: |
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61 | 61 | | (b) Except as provided by Subsection (c), an [An] |
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62 | 62 | | application must, in addition to complying with Section 141.031, be |
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63 | 63 | | accompanied by a petition that satisfies the requirements |
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64 | 64 | | prescribed by Section 141.062. |
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65 | 65 | | (c) An application for the office of member, State Board of |
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66 | 66 | | Education, may be accompanied by a filing fee in the amount of $300 |
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67 | 67 | | in lieu of the petition required by Subsection (b). |
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68 | 68 | | SECTION 6. Section 142.009, Election Code, is amended to |
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69 | 69 | | read as follows: |
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70 | 70 | | Sec. 142.009. PETITION TO BE CIRCULATED AFTER PRIMARY. (a) |
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71 | 71 | | A signature on a candidate's petition is invalid if the signer: |
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72 | 72 | | (1) signed the petition on or before general primary |
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73 | 73 | | election day or, if a runoff primary is held for the office sought |
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74 | 74 | | by the candidate, on or before runoff primary election day; or |
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75 | 75 | | (2) voted in the general or runoff primary election of |
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76 | 76 | | a political party that made a nomination, at either primary, for the |
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77 | 77 | | office sought by the candidate. |
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78 | 78 | | (b) This section does not apply to a petition for an |
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79 | 79 | | application for the office of member, State Board of Education. |
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80 | 80 | | SECTION 7. Chapter 161, Election Code, is amended by adding |
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81 | 81 | | Section 161.0031 to read as follows: |
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82 | 82 | | Sec. 161.0031. NOMINATION FOR STATE BOARD OF EDUCATION |
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83 | 83 | | PROHIBITED. A political party may not make a nomination for the |
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84 | 84 | | office of State Board of Education. |
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85 | 85 | | SECTION 8. Section 172.024(a), Election Code, is amended |
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86 | 86 | | to read as follows: |
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87 | 87 | | (a) The filing fee for a candidate for nomination in the |
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88 | 88 | | general primary election is as follows: |
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89 | 89 | | (1) United States senator$5,000 |
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90 | 90 | | (2) office elected statewide, except United States |
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91 | 91 | | senator3,750 |
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92 | 92 | | (3) United States representative3,125 |
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93 | 93 | | (4) state senator1,250 |
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94 | 94 | | (5) state representative750 |
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95 | 95 | | (6) [member, State Board of Education300 |
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96 | 96 | | [(7)] chief justice or justice, court of appeals, |
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97 | 97 | | other than a justice specified by Subdivision (7) [(8)]1,875 |
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98 | 98 | | (7) [(8)] chief justice or justice of a court of |
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99 | 99 | | appeals that serves a court of appeals district in which a |
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100 | 100 | | county with a population of more than one million is wholly or |
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101 | 101 | | partly situated2,500 |
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102 | 102 | | (8) [(9)] district judge or judge specified by Section |
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103 | 103 | | 52.092(d) for which this schedule does not otherwise prescribe a |
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104 | 104 | | fee1,500 |
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105 | 105 | | (9) [(10)] district or criminal district judge of a |
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106 | 106 | | court in a judicial district wholly contained in a county with a |
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107 | 107 | | population of more than 1.5 million2,500 |
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108 | 108 | | (10) [(11)] judge, statutory county court, other than a |
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109 | 109 | | judge specified by Subdivision (11) [(12)]1,500 |
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110 | 110 | | (11) [(12)] judge of a statutory county court in a |
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111 | 111 | | county with a population of more than 1.5 million2,500 |
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112 | 112 | | (12) [(13)] district attorney, criminal district |
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113 | 113 | | attorney, or county attorney performing the duties of a district |
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114 | 114 | | attorney1,250 |
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115 | 115 | | (13) [(14)] county commissioner, district clerk, |
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116 | 116 | | county clerk, sheriff, county tax assessor-collector, county |
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117 | 117 | | treasurer, or judge, constitutional county court: |
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118 | 118 | | (A) county with a population of 200,000 or |
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119 | 119 | | more1,250 |
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120 | 120 | | (B) county with a population of under |
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121 | 121 | | 200,000750 |
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122 | 122 | | (14) [(15)] justice of the peace or constable: |
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123 | 123 | | (A) county with a population of 200,000 or |
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124 | 124 | | more1,000 |
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125 | 125 | | (B) county with a population of under |
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126 | 126 | | 200,000375 |
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127 | 127 | | (15) [(16)] county surveyor75 |
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128 | 128 | | (16) [(17)] office of the county government for which |
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129 | 129 | | this schedule does not otherwise prescribe a fee750 |
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130 | 130 | | SECTION 9. This Act takes effect September 1, 2015. |
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