| 1 | | - | H.B. No. 831 |
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| 1 | + | By: Huberty (Senate Sponsor - Huffman) H.B. No. 831 |
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| 2 | + | (In the Senate - Received from the House May 9, 2019; |
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| 3 | + | May 13, 2019, read first time and referred to Committee on State |
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| 4 | + | Affairs; May 19, 2019, reported favorably by the following vote: |
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| 5 | + | Yeas 9, Nays 0; May 19, 2019, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to the residency requirement to be eligible for public |
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| 6 | 12 | | office. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 141.001, Election Code, is amended by |
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| 9 | 15 | | adding Subsections (a-1), (a-2), and (a-3) to read as follows: |
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| 10 | 16 | | (a-1) For purposes of satisfying the continuous residency |
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| 11 | 17 | | requirement of Subsection (a)(5), a person who claims an intent to |
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| 12 | 18 | | return to a residence after a temporary absence may establish that |
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| 13 | 19 | | intent only if the person: |
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| 14 | 20 | | (1) has made a reasonable and substantive attempt to |
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| 15 | 21 | | effectuate that intent; and |
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| 16 | 22 | | (2) has a legal right and the practical ability to |
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| 17 | 23 | | return to the residence. |
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| 18 | 24 | | (a-2) Subsection (a-1) does not apply to a person displaced |
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| 19 | 25 | | from the person's residence due to a declared local, state, or |
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| 20 | 26 | | national disaster. |
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| 21 | 27 | | (a-3) The authority with whom an application for a place on |
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| 22 | 28 | | a general primary election ballot is filed under Section 172.022 |
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| 23 | 29 | | shall, to the extent permitted by law, use Subsections (a) and (a-1) |
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| 24 | 30 | | in determining whether a candidate meets the residency requirements |
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| 25 | 31 | | for a public elective office. |
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| 26 | 32 | | SECTION 2. This Act applies only to a candidate in an |
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| 27 | 33 | | election held on or after the effective date of this Act. |
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| 28 | 34 | | SECTION 3. This Act takes effect January 1, 2020. |
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| 29 | | - | ______________________________ ______________________________ |
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| 30 | | - | President of the Senate Speaker of the House |
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| 31 | | - | I certify that H.B. No. 831 was passed by the House on May 8, |
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| 32 | | - | 2019, by the following vote: Yeas 135, Nays 6, 1 present, not |
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| 33 | | - | voting. |
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| 34 | | - | ______________________________ |
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| 35 | | - | Chief Clerk of the House |
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| 36 | | - | I certify that H.B. No. 831 was passed by the Senate on May |
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| 37 | | - | 22, 2019, by the following vote: Yeas 31, Nays 0. |
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| 38 | | - | ______________________________ |
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| 39 | | - | Secretary of the Senate |
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| 40 | | - | APPROVED: _____________________ |
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| 41 | | - | Date |
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| 42 | | - | _____________________ |
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| 43 | | - | Governor |
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| 35 | + | * * * * * |
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