Texas 2025 - 89th Regular

Texas House Bill HB922 Compare Versions

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

Old	New	Differences
1	1	89R3259 MPF-F
2	2	By: Vasut H.B. No. 922
3	3
4	4
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to residence for purposes of voting and other matters
10	10	affecting a candidate's eligibility.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.015, Election Code, is amended by
13	13	adding Subsections (g) and (h) to read as follows:
14	14	(g) A person has not inhabited a place under Subsection (f)
15	15	unless the person has slept overnight, eaten, and kept personal
16	16	belongings at the place. For purposes of this section, personal
17	17	belongings include clothing, medicine, toiletries, furniture, or
18	18	other personal property used in connection with daily living.
19	19	(h) A person may not establish a residence at a property
20	20	during any period in which the person claims an active residence
21	21	homestead exemption for another property. For purposes of
22	22	determining when a residence homestead exemption is active under
23	23	this subsection, a residence homestead exemption for another
24	24	property is not active on or after the date the person:
25	25	(1) sold that property in a bona fide sale for value;
26	26	or
27	27	(2) filed an application for a residence homestead
28	28	exemption with an appraisal district for the property indicated as
29	29	the person's residence on the registration records.
30	30	SECTION 2. Section 141.031(a), Election Code, is amended to
31	31	read as follows:
32	32	(a) A candidate's application for a place on the ballot that
33	33	is required by this code must:
34	34	(1) be in writing;
35	35	(2) be signed and sworn to before a person authorized
36	36	to administer oaths in this state by the candidate and indicate the
37	37	date that the candidate swears to the application;
38	38	(3) be timely filed with the appropriate authority;
39	39	and
40	40	(4) include:
41	41	(A) the candidate's name;
42	42	(B) the candidate's occupation;
43	43	(C) the office sought, including any place number
44	44	or other distinguishing number;
45	45	(D) an indication of whether the office sought is
46	46	to be filled for a full or unexpired term if the office sought and
47	47	another office to be voted on have the same title but do not have
48	48	place numbers or other distinguishing numbers;
49	49	(E) a statement that the candidate is a United
50	50	States citizen;
51	51	(F) a statement that the candidate has not been
52	52	determined by a final judgment of a court exercising probate
53	53	jurisdiction to be:
54	54	(i) totally mentally incapacitated; or
55	55	(ii) partially mentally incapacitated
56	56	without the right to vote;
57	57	(G) an indication that the candidate has either
58	58	not been finally convicted of a felony or if so convicted has been
59	59	pardoned or otherwise released from the resulting disabilities;
60	60	(H) the candidate's date of birth;
61	61	(I) the candidate's residence address or, if the
62	62	residence has no address, the address at which the candidate
63	63	receives mail and a concise description of the location of the
64	64	candidate's residence;
65	65	(I-1) a statement that the candidate has
66	66	inhabited the residence described by Paragraph (I);
67	67	(I-2) the address of any residence at which the
68	68	candidate claims a residence homestead exemption;
69	69	(J) the candidate's length of continuous
70	70	residence in the state and in the territory from which the office
71	71	sought is elected as of the date the candidate swears to the
72	72	application;
73	73	(K) the statement: "I, __________, of __________
74	74	County, Texas, being a candidate for the office of __________,
75	75	swear that I will support and defend the constitution and laws of
76	76	the United States and of the State of Texas";
77	77	(L) a statement that the candidate is aware of
78	78	the nepotism law, Chapter 573, Government Code; and
79	79	(M) a public mailing address at which the
80	80	candidate receives correspondence relating to the candidate's
81	81	campaign, if available, and an electronic mail address at which the
82	82	candidate receives correspondence relating to the candidate's
83	83	campaign, if available.
84	84	SECTION 3. Section 145.003(a), Election Code, is amended to
85	85	read as follows:
86	86	(a) Except for a judicial action under Subchapter F, Chapter
87	87	273 [in which a candidate's eligibility is in issue], a candidate
88	88	may be declared ineligible only as provided by this section.
89	89	SECTION 4. Section 172.052(a), Election Code, is amended to
90	90	read as follows:
91	91	(a) A candidate for nomination may not withdraw from the
92	92	general primary election after the 50th day before [first day after
93	93	the date of the regular filing deadline for] the general primary
94	94	election.
95	95	SECTION 5. Section 172.057, Election Code, is amended to
96	96	read as follows:
97	97	Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
98	98	CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
99	99	candidate's name shall be omitted from the general primary election
100	100	ballot if the candidate withdraws, dies, or is declared ineligible
101	101	on or before the 50th day before the general primary election [first
102	102	day after the date of the regular filing deadline].
103	103	SECTION 6. Section 172.058(a), Election Code, is amended to
104	104	read as follows:
105	105	(a) If a candidate who has made an application for a place on
106	106	the general primary election ballot that complies with the
107	107	applicable requirements dies or is declared ineligible after the
108	108	50th [first] day before [after] the general primary election [date
109	109	of the regular filing deadline], the candidate's name shall be
110	110	placed on the ballot and the votes cast for the candidate shall be
111	111	counted and entered on the official election returns in the same
112	112	manner as for the other candidates.
113	113	SECTION 7. Chapter 273, Election Code, is amended by adding
114	114	Subchapter F to read as follows:
115	115	SUBCHAPTER F. JUDICIAL DETERMINATION OF ELIGIBILITY
116	116	Sec. 273.101. APPLICABILITY OF SUBCHAPTER; EXCLUSIVE
117	117	REMEDY. (a) This subchapter applies to any action alleging the
118	118	ineligibility of a candidate for a public elective office in this
119	119	state.
120	120	(b) This subchapter prevails to the extent of any conflict
121	121	between this subchapter and any other law of this state.
122	122	(c) This subchapter provides the exclusive remedy for a
123	123	judicial determination of a candidate's eligibility under this
124	124	code.
125	125	Sec. 273.102. STANDING. Any registered voter of the
126	126	territory from which a candidate seeks to be elected may file an
127	127	action challenging the candidate's eligibility under this
128	128	subchapter.
129	129	Sec. 273.103. VENUE. Venue for an action under this
130	130	subchapter is in the county where the candidate whose eligibility
131	131	is being challenged claims a residence on the candidate's voter
132	132	registration records or application for a place on the ballot.
133	133	Sec. 273.104. TIME FOR FILING PETITION. A voter may file a
134	134	petition challenging the eligibility of a candidate under this
135	135	subchapter not later than the 30th day before the relevant election
136	136	day.
137	137	Sec. 273.105. CIVIL ACTION WAIVER. (a) Except as provided
138	138	by Subsection (b) and only in a year in which a primary election is
139	139	held, a voter waives their right to file a legal action challenging
140	140	the eligibility of a candidate in a general election if the voter
141	141	did not challenge the eligibility of the candidate prior to the
142	142	primary election in the same voting year.
143	143	(b) A voter does not waive their right to file a legal action
144	144	under Subsection (a) if the voter's action is exclusively based on
145	145	evidence the voter learned of after the primary election.
146	146	Sec. 273.106. RELIEF. A petitioner who brings an action
147	147	under this subchapter may obtain:
148	148	(1) declaratory, injunctive, or equitable relief
149	149	necessary to effectuate a court's determination that a candidate is
150	150	ineligible for the office sought; and
151	151	(2) court costs.
152	152	Sec. 273.107. DISCOVERY. (a) Discovery in an action under
153	153	this subchapter shall be limited to facts relating to the
154	154	candidate's eligibility.
155	155	(b) The court shall allow a party expedited discovery if:
156	156	(1) the petition is a sworn petition; or
157	157	(2) the court receives the petitioner's sworn motion
158	158	providing specific factual allegations of the candidate's
159	159	ineligibility and the petitioner asserts that discovery will reveal
160	160	evidence of ineligibility.
161	161	(c) The court may allow a party to conduct expedited
162	162	discovery for good cause, as determined by the court.
163	163	(d) An order granting expedited discovery under this
164	164	section must allow for the deposition of the candidate.
165	165	Sec. 273.108. PRIMARY ELECTION: RULING. In an action under
166	166	this subchapter challenging a candidate's eligibility to be a
167	167	candidate in a general primary election, the court shall hold an
168	168	evidentiary hearing on the petition and shall rule that the
169	169	candidate is eligible or is not eligible not later than:
170	170	(1) the 55th day before election day if the petition
171	171	was filed not later than the 70th day before election day; or
172	172	(2) election day if the petition was filed after the
173	173	70th day before election day.
174	174	Sec. 273.109. GENERAL ELECTION: RULING. In an action under
175	175	this subchapter challenging a candidate's eligibility to be a
176	176	candidate in a general election, the court shall hold an
177	177	evidentiary hearing on the petition and shall rule that the
178	178	candidate is eligible or is not eligible not later than:
179	179	(1) the 80th day before election day if the petition
180	180	was filed not later than the 100th day before election day; or
181	181	(2) election day if the petition was filed after the
182	182	100th day before election day.
183	183	Sec. 273.110. SPECIAL ELECTION: RULING. In an action under
184	184	this subchapter challenging a candidate's eligibility to be a
185	185	candidate in a special election, the court shall hold an
186	186	evidentiary hearing on the petition and shall rule that the
187	187	candidate is eligible or is not eligible not later than:
188	188	(1) the 30th day before election day if the petition
189	189	was filed not later than the 45th day before election day; or
190	190	(2) election day if the petition was filed after the
191	191	45th day before election day.
192	192	SECTION 8. The changes in law made by this Act apply only to
193	193	an election held on or after the effective date of this Act. An
194	194	election held before the effective date of this Act is governed by
195	195	the law in effect when the election was held, and that law is
196	196	continued in effect for that purpose.
197	197	SECTION 9. This Act takes effect December 1, 2026.