Texas 2021 - 87th 2nd C.S.

Texas House Bill HB134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87S20518 BEE-D
2	2	By: Dutton H.B. No. 134
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the name used by a candidate on an application for a
8	8	place on the ballot and the form of a candidate's name on a ballot;
9	9	creating a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 52.031(b) and (c), Election Code, are
12	12	amended to read as follows:
13	13	(b) In combination with the surname, a candidate may use one
14	14	or more of the following:
15	15	(1) a given name;
16	16	(2) a contraction or familiar form of a given name by
17	17	which the candidate is known; [or]
18	18	(3) an initial of a given name; or
19	19	(4) a name under which the candidate is known, if the
20	20	candidate has supplied the required affidavits under Section
21	21	141.031(e).
22	22	(c) A nickname of one unhyphenated word of not more than 10
23	23	letters by which the candidate has been commonly known for at least
24	24	three years preceding the election may be used in combination with a
25	25	candidate's name. A nickname that constitutes a slogan or
26	26	otherwise indicates a political, economic, social, or religious
27	27	view or affiliation may not be used. A nickname may not be used
28	28	unless the candidate has complied with the requirements of Section
29	29	141.031(e) [executes and files with the application for a place on
30	30	the ballot an affidavit indicating that the nickname complies with
31	31	this subsection].
32	32	SECTION 2. Section 141.031, Election Code, as effective
33	33	September 1, 2021, is amended by amending Subsection (a) and adding
34	34	Subsections (e) and (f) to read as follows:
35	35	(a) A candidate's application for a place on the ballot that
36	36	is required by this code must:
37	37	(1) be in writing;
38	38	(2) be signed and sworn to before a person authorized
39	39	to administer oaths in this state by the candidate and indicate the
40	40	date that the candidate swears to the application;
41	41	(3) be timely filed with the appropriate authority;
42	42	and
43	43	(4) include:
44	44	(A) the candidate's name, and if the candidate is
45	45	seeking to run under a name other than the candidate's surname
46	46	acquired by law or marriage and given name, or a contraction or
47	47	familiar form of a given name by which the candidate is known or an
48	48	initial of a given name, the affidavits required by Subsection (e);
49	49	(B) the candidate's occupation;
50	50	(C) the office sought, including any place number
51	51	or other distinguishing number;
52	52	(D) an indication of whether the office sought is
53	53	to be filled for a full or unexpired term if the office sought and
54	54	another office to be voted on have the same title but do not have
55	55	place numbers or other distinguishing numbers;
56	56	(E) a statement that the candidate is a United
57	57	States citizen;
58	58	(F) a statement that the candidate has not been
59	59	determined by a final judgment of a court exercising probate
60	60	jurisdiction to be:
61	61	(i) totally mentally incapacitated; or
62	62	(ii) partially mentally incapacitated
63	63	without the right to vote;
64	64	(G) an indication that the candidate has either
65	65	not been finally convicted of a felony or if so convicted has been
66	66	pardoned or otherwise released from the resulting disabilities;
67	67	(H) the candidate's date of birth;
68	68	(I) the candidate's residence address or, if the
69	69	residence has no address, the address at which the candidate
70	70	receives mail and a concise description of the location of the
71	71	candidate's residence;
72	72	(J) the candidate's length of continuous
73	73	residence in the state and in the territory from which the office
74	74	sought is elected as of the date the candidate swears to the
75	75	application;
76	76	(K) the statement: "I, __________, of __________
77	77	County, Texas, being a candidate for the office of __________,
78	78	swear that I will support and defend the constitution and laws of
79	79	the United States and of the State of Texas";
80	80	(L) a statement that the candidate is aware of
81	81	the nepotism law, Chapter 573, Government Code; and
82	82	(M) a public mailing address at which the
83	83	candidate receives correspondence relating to the candidate's
84	84	campaign, if available, and an electronic mail address at which the
85	85	candidate receives correspondence relating to the candidate's
86	86	campaign, if available.
87	87	(e) A candidate seeking to have placed on the ballot a name
88	88	other than the candidate's surname acquired by law or marriage and
89	89	given name, or a contraction or familiar form of a given name by
90	90	which the candidate is known or an initial of a given name, must
91	91	include with the application 50 affidavits, each:
92	92	(1) signed by a person eligible to vote in the election
93	93	for which the candidate is applying; and
94	94	(2) stating that the candidate is known to the person
95	95	signing the affidavit by the name under which the candidate is
96	96	seeking to run.
97	97	(f) A person who gives false information in order to acquire
98	98	the affidavits required by Subsection (e) or who induces a person to
99	99	sign a false affidavit submitted under Subsection (e) is liable to
100	100	the state for a civil penalty in an amount not to exceed $10,000. A
101	101	suit brought under this subsection shall be advanced for trial and
102	102	determined as expeditiously as possible. No postponement or
103	103	continuance shall be granted except for reasons considered
104	104	imperative by the court.
105	105	SECTION 3. The change in law made by this Act applies only
106	106	to an application for a ballot to be voted by mail submitted on or
107	107	after the effective date of this Act. An application for a ballot
108	108	to be voted by mail submitted before the effective date of this Act
109	109	is governed by the law in effect when the application was submitted,
110	110	and the former law is continued in effect for that purpose.
111	111	SECTION 4. This Act takes effect on the 91st day after the
112	112	last day of the legislative session.