Texas 2019 - 86th Regular

Texas House Bill HB1067 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1067
	1	+	By: Ashby (Senate Sponsor - Schwertner) H.B. No. 1067
	2	+	(In the Senate - Received from the House April 3, 2019;
	3	+	April 4, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 1, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; May 1, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1067 By: Birdwell
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the omission of a deceased candidate from the ballot in
6	14		certain elections.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 145.096(a), Election Code, is amended to
9	17		read as follows:
10	18		(a) Except as provided by Subsection (b) or Section
11	19		145.098(b), a candidate's name shall be placed on the ballot if the
12	20		candidate:
13	21		(1) dies on or after the second day before the deadline
14	22		for filing the candidate's application for a place on the ballot;
15	23		(2) is declared ineligible after 5 p.m. of the fifth
16	24		day after the deadline for filing the candidate's application for a
17	25		place on the ballot, in an election subject to Section 145.092(a);
18	26		(3) is declared ineligible after 5 p.m. of the 57th day
19	27		before election day, in an election subject to Section 145.092(b);
20	28		or
21	29		(4) is declared ineligible after 5 p.m. of the 71st day
22	30		before election day, in an election subject to Section 145.092(f).
23	31		SECTION 2. Section 145.098, Election Code, is amended to
24	32		read as follows:
25	33		Sec. 145.098. WITHDRAWAL OR DEATH OF CANDIDATE BEFORE
26	34		BALLOTS ARE PREPARED. (a) If a candidate files a withdrawal
27	35		request after the deadline prescribed by Section 145.092, and the
28	36		candidate complies with each requirement under Section 145.001
29	37		except that the candidate's filing to withdraw is untimely, the
30	38		authority responsible for preparing the ballots may choose to omit
31	39		the candidate from the ballot if the ballots have not been prepared
32	40		at the time the candidate files the withdrawal request.
33	41		(b) If a candidate dies on or before the deadline for filing
34	42		an application for a place on the ballot:
35	43		(1) the authority responsible for preparing the
36	44		ballots may choose to omit the candidate from the ballot; and
37	45		(2) if the authority omits the candidate's name under
38	46		Subdivision (1), the filing deadline for an application for a place
39	47		on the ballot for the office sought by the candidate is extended
40	48		until the fifth day after the filing deadline.
41	49		SECTION 3. The changes in law made by this Act apply only to
42	50		an election for which an application for a place on the ballot is
43	51		due on or after the effective date of this Act.
44	52		SECTION 4. This Act takes effect immediately if it receives
45	53		a vote of two-thirds of all the members elected to each house, as
46	54		provided by Section 39, Article III, Texas Constitution. If this
47	55		Act does not receive the vote necessary for immediate effect, this
48	56		Act takes effect September 1, 2019.
49		-	______________________________ ______________________________
50		-	President of the Senate Speaker of the House
51		-	I certify that H.B. No. 1067 was passed by the House on April
52		-	2, 2019, by the following vote: Yeas 141, Nays 5, 1 present, not
53		-	voting; and that the House concurred in Senate amendments to H.B.
54		-	No. 1067 on May 10, 2019, by the following vote: Yeas 104, Nays 2,
55		-	1 present, not voting.
56		-	______________________________
57		-	Chief Clerk of the House
58		-	I certify that H.B. No. 1067 was passed by the Senate, with
59		-	amendments, on May 8, 2019, by the following vote: Yeas 31, Nays 0.
60		-	______________________________
61		-	Secretary of the Senate
62		-	APPROVED: __________________
63		-	Date
64		-	__________________
65		-	Governor
	57	+	* * * * *