Texas 2023 - 88th Regular

Texas Senate Bill SB994 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 994
2	2
3	3
4	4	AN ACT
5	5	relating to the declaration of a candidate's ineligibility on the
6	6	basis of failure to pay a filing fee or submit a petition in lieu of
7	7	a filing fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 145.003, Election Code, is amended by
10	10	amending Subsections (b) and (f) and adding Subsection (f-1) to
11	11	read as follows:
12	12	(b) Except as provided by Subsection (f-1), a [A] candidate
13	13	in the general election for state and county officers may be
14	14	declared ineligible before the 30th day preceding election day by:
15	15	(1) the party officer responsible for certifying the
16	16	candidate's name for placement on the general election ballot, in
17	17	the case of a candidate who is a political party's nominee; [or]
18	18	(2) the authority with whom the candidate's
19	19	application for a place on the ballot is required to be filed, in
20	20	the case of an independent candidate; or
21	21	(3) the secretary of state, if the candidate is
22	22	ineligible under Subsection (f)(3).
23	23	(f) A candidate may be declared ineligible only if:
24	24	(1) the information on the candidate's application for
25	25	a place on the ballot indicates that the candidate is ineligible for
26	26	the office; [or]
27	27	(2) facts indicating that the candidate is ineligible
28	28	are conclusively established by another public record; or
29	29	(3) the candidate fails to pay the filing fee or submit
30	30	a petition in lieu of a filing fee.
31	31	(f-1) A candidate may not be declared ineligible under
32	32	Subsection (f)(3) after the 74th day preceding election day.
33	33	SECTION 2. Section 145.036, Election Code, is amended by
34	34	amending Subsection (a) and adding Subsection (b-1) to read as
35	35	follows:
36	36	(a) Except as provided by Subsections [Subsection] (b) and
37	37	(b-1), if a candidate's name is to be omitted from the ballot under
38	38	Section 145.035, the political party's state, district, county, or
39	39	precinct executive committee, as appropriate for the particular
40	40	office, may nominate a replacement candidate to fill the vacancy in
41	41	the nomination.
42	42	(b-1) An executive committee may make a replacement
43	43	nomination following an administrative declaration of
44	44	ineligibility under Section 145.003(f)(3) only if the replacement
45	45	candidate pays the filing fee or submits a petition in lieu of a
46	46	filing fee.
47	47	SECTION 3. This Act takes effect September 1, 2023.
48	48	______________________________ ______________________________
49	49	President of the Senate Speaker of the House
50	50	I hereby certify that S.B. No. 994 passed the Senate on
51	51	March 15, 2023, by the following vote: Yeas 22, Nays 8; and that
52	52	the Senate concurred in House amendment on May 21, 2023, by the
53	53	following vote: Yeas 23, Nays 8.
54	54	______________________________
55	55	Secretary of the Senate
56	56	I hereby certify that S.B. No. 994 passed the House, with
57	57	amendment, on May 17, 2023, by the following vote: Yeas 93,
58	58	Nays 51, one present not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor