By: Bucy H.B. No. 217
A BILL TO BE ENTITLED
AN ACT
relating to the secretary of state posting on the secretary of
state's Internet website databases containing certain information
about elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.003, Election Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) The authority responsible for giving notice of the
election shall deliver:
(1) to the secretary of state a copy of the notice of a
consolidated precinct required by Subsection (b) not later than the
date of the election; and
(2) in January of each year information for the
secretary of state's database of election information under Section
31.017 in an electronic format as follows:
(A) if the authority is a county or political
party, as required by the secretary of state; or
(B) if the authority is a political subdivision
other than a county, to the county in which the authority is
located.
(e-1) A county receiving information under Subsection
(e)(2)(B) shall forward the information to the secretary of state.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Sections 31.017 and 31.018 to read as follows:
Sec. 31.017. INTERNET DATABASE OF ELECTION INFORMATION.
(a) The secretary of state shall post on the secretary of state's
public Internet website a database containing information provided
under Sections 4.003(e) and (e-1). The database must include the
following information:
(1) the name of the authority;
(2) each office to be filled at the election;
(3) whether the office is elected at large or by
district; and
(4) the dates of the preceding and next election for
the office.
(b) The secretary of state shall adopt rules as necessary to
implement this section.
Sec. 31.018. INTERNET DATABASE FOR INCUMBENTS AND
CANDIDATES. (a) The secretary of state shall post on the secretary
of state's Internet website a database containing information about
each holder of and candidate for any partisan elected office in this
state.
(b) The database must include the following information
about a holder of a partisan elected office, the office of mayor, or
a position on the governing body of a city:
(1) name;
(2) office title, including any district, place, or
position and a notation that the person is an incumbent;
(3) if the office is elected at large or by district;
(4) date of the previous and next election for the
office;
(5) public mailing address;
(6) public telephone number, if available; and
(7) public e-mail address, if available.
(c) The database must include the following information
about a candidate for a partisan elected office, the office of
mayor, or a position on the governing body of a city:
(1) name;
(2) office sought, including any district, place, or
position;
(3) if the office is elected at large or by district;
(4) date of the election;
(5) public mailing address;
(6) public telephone number, if available;
(7) public e-mail address, if available; and
(8) if the candidate has filed as a write-in
candidate.
(d) The county with whom a declaration of candidacy is
filed, a state or county chair of a political party, or the
presiding officer of a political party's convention shall provide
information about a candidate or officeholder to the secretary of
state. A political subdivision shall provide information about a
candidate or officeholder to the county in which the political
subdivision is located and the county shall forward that
information to the secretary of state.
(e) The secretary of state shall make the name, office, and
party affiliation of the holder of a partisan elected office, the
office of mayor, or a position on the governing body of a city
available on the secretary of state's Internet website for as long
as the person holds that office.
(f) The secretary of state shall adopt rules as necessary to
implement this section.
SECTION 3. Section 141.032, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) A county or political party with whom an application is
filed shall provide the secretary of state with the candidate's
information required for the secretary of state's Internet website
under Section 31.018. A political subdivision with whom an
application is filed shall provide the candidate's information to
the county in which the political subdivision is located and the
county shall forward the candidate's information to the secretary
of state.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.