| 1 | 1 | | 89R6115 MPF-D |
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| 2 | 2 | | By: Bhojani H.B. No. 2253 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the authority to cancel certain elections on a measure. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. The heading to Section 2.081, Election Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 2.081. CANCELLATION OF [MOOT] MEASURE. |
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| 14 | 14 | | SECTION 2. Section 2.081, Election Code, is amended by |
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| 15 | 15 | | adding Subsections (a-1) and (a-2) and amending Subsections (b) and |
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| 16 | 16 | | (c) to read as follows: |
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| 17 | 17 | | (a-1) Not later than the 74th day before election day, the |
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| 18 | 18 | | authority that ordered an election on a measure may cancel the |
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| 19 | 19 | | election on the measure if not earlier than the 90th day before the |
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| 20 | 20 | | election on the measure, the governor issues a disaster declaration |
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| 21 | 21 | | under Chapter 418, Government Code, covering an area within the |
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| 22 | 22 | | authority's jurisdiction. |
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| 23 | 23 | | (a-2) If an election on a measure required following the |
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| 24 | 24 | | submission of a petition signed by a number of registered voters is |
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| 25 | 25 | | canceled under Subsection (a-1), the authority that ordered the |
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| 26 | 26 | | election shall order a new election on the measure for the first |
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| 27 | 27 | | available uniform election day after the canceled election. |
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| 28 | 28 | | (b) If an election on a measure is canceled or the measure is |
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| 29 | 29 | | removed from the ballot [declared moot] under this section [and is |
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| 30 | 30 | | removed from the ballot], the authority holding the election shall |
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| 31 | 31 | | post notice of the cancellation or removal [declaration] during |
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| 32 | 32 | | early voting by personal appearance and on election day, at each |
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| 33 | 33 | | polling place that would have been used for the election on the |
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| 34 | 34 | | measure. |
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| 35 | 35 | | (c) A county election officer, as defined by Section 31.091, |
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| 36 | 36 | | may use a single combined notice of cancellation under Subsection |
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| 37 | 37 | | (b) for all authorities: |
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| 38 | 38 | | (1) for which the officer provides election services |
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| 39 | 39 | | under contract; and |
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| 40 | 40 | | (2) that cancel an election on a measure or remove a |
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| 41 | 41 | | measure from the ballot [declare an election moot] under Subsection |
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| 42 | 42 | | (a) or (a-1). |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2025. |
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