S.B. No. 1089
AN ACT
relating to repealing the ability to declare certain unopposed
candidates for office as elected.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.051(a), Election Code, is amended to
read as follows:
(a) Except as provided by Section [Sections] 2.055 [and
2.056], this subchapter applies only to an election for officers of
a political subdivision other than a county in which write-in votes
may be counted only for names appearing on a list of write-in
candidates and in which each candidate for an office that is to
appear on the ballot is unopposed, except as provided by Subsection
(b). For purposes of this section, a special election of a
political subdivision is considered to be a separate election with
a separate ballot from:
(1) a general election for officers of the political
subdivision held at the same time as the special election; or
(2) another special election of the political
subdivision held at the same time as the special election.
SECTION 2. Section 52.092(a), Election Code, is amended to
read as follows:
(a) Except as provided by Section 2.053(c) [or 2.056(e)],
for an election at which offices regularly filled at the general
election for state and county officers are to appear on the ballot,
the offices shall be listed in the following order:
(1) offices of the federal government;
(2) offices of the state government:
(A) statewide offices;
(B) district offices;
(3) offices of the county government:
(A) county offices;
(B) precinct offices.
SECTION 3. Sections 2.056 and 124.003(e), Election Code,
are repealed.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1089 passed the Senate on
March 28, 2023, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1089 passed the House on
May 18, 2023, by the following vote: Yeas 117, Nays 27, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor