| 1 | 1 | | 87R8917 YDB-D |
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| 2 | 2 | | By: Eckhardt S.B. No. 891 |
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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 State Bar of Texas elections. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 81.019, Government Code, is amended by |
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| 10 | 10 | | amending Subsections (b) and (c) and adding Subsection (d) to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (b) Except as provided by Subsections [Subsection] (c) and |
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| 13 | 13 | | (d), the officers shall be elected in accordance with rules for the |
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| 14 | 14 | | election of officers and directors prepared and proposed by the |
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| 15 | 15 | | supreme court as provided by Section 81.024. |
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| 16 | 16 | | (c) The election rules must permit any member's name to be |
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| 17 | 17 | | printed on the ballot as a candidate for president-elect if a |
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| 18 | 18 | | written petition requesting that action and signed by at least 500 |
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| 19 | 19 | | active members [five percent of the membership] of the state bar is |
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| 20 | 20 | | filed with the executive director at least 30 days before the |
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| 21 | 21 | | election ballots are to be distributed to the membership. |
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| 22 | 22 | | (d) The election rules must permit electronic signatures on |
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| 23 | 23 | | a written petition submitted as provided by Subsection (c). |
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| 24 | 24 | | SECTION 2. Subchapter B, Chapter 81, Government Code, is |
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| 25 | 25 | | amended by adding Section 81.0243 to read as follows: |
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| 26 | 26 | | Sec. 81.0243. VOTING DISCRIMINATION PROHIBITED; INJUNCTIVE |
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| 27 | 27 | | RELIEF. (a) Voting discrimination based on religion, age, sex, |
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| 28 | 28 | | race, color, creed, or national origin is prohibited in any form by |
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| 29 | 29 | | members of the state bar in elections under this chapter. |
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| 30 | 30 | | (b) A person may bring an action for injunctive relief |
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| 31 | 31 | | against a member of the state bar who appears to be violating or is |
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| 32 | 32 | | threatening to violate Subsection (a). Venue for the action is a |
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| 33 | 33 | | district court in Travis County. The person may recover reasonable |
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| 34 | 34 | | expenses incurred in obtaining injunctive relief, including court |
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| 35 | 35 | | costs and attorney's fees. |
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| 36 | 36 | | SECTION 3. As soon as practicable after the effective date |
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| 37 | 37 | | of this Act, the Texas Supreme Court shall adopt the rules necessary |
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| 38 | 38 | | to implement the changes in law made by this Act. |
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| 39 | 39 | | SECTION 4. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2021. |
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