89R3259 MPF-F
By: Vasut H.B. No. 922
A BILL TO BE ENTITLED
AN ACT
relating to residence for purposes of voting and other matters
affecting a candidate's eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.015, Election Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) A person has not inhabited a place under Subsection (f)
unless the person has slept overnight, eaten, and kept personal
belongings at the place. For purposes of this section, personal
belongings include clothing, medicine, toiletries, furniture, or
other personal property used in connection with daily living.
(h) A person may not establish a residence at a property
during any period in which the person claims an active residence
homestead exemption for another property. For purposes of
determining when a residence homestead exemption is active under
this subsection, a residence homestead exemption for another
property is not active on or after the date the person:
(1) sold that property in a bona fide sale for value;
or
(2) filed an application for a residence homestead
exemption with an appraisal district for the property indicated as
the person's residence on the registration records.
SECTION 2. Section 141.031(a), Election Code, is amended to
read as follows:
(a) A candidate's application for a place on the ballot that
is required by this code must:
(1) be in writing;
(2) be signed and sworn to before a person authorized
to administer oaths in this state by the candidate and indicate the
date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name;
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) an indication of whether the office sought is
to be filled for a full or unexpired term if the office sought and
another office to be voted on have the same title but do not have
place numbers or other distinguishing numbers;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(i) totally mentally incapacitated; or
(ii) partially mentally incapacitated
without the right to vote;
(G) an indication that the candidate has either
not been finally convicted of a felony or if so convicted has been
pardoned or otherwise released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(I-1) a statement that the candidate has
inhabited the residence described by Paragraph (I);
(I-2) the address of any residence at which the
candidate claims a residence homestead exemption;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I will support and defend the constitution and laws of
the United States and of the State of Texas";
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; and
(M) a public mailing address at which the
candidate receives correspondence relating to the candidate's
campaign, if available, and an electronic mail address at which the
candidate receives correspondence relating to the candidate's
campaign, if available.
SECTION 3. Section 145.003(a), Election Code, is amended to
read as follows:
(a) Except for a judicial action under Subchapter F, Chapter
273 [in which a candidate's eligibility is in issue], a candidate
may be declared ineligible only as provided by this section.
SECTION 4. Section 172.052(a), Election Code, is amended to
read as follows:
(a) A candidate for nomination may not withdraw from the
general primary election after the 50th day before [first day after
the date of the regular filing deadline for] the general primary
election.
SECTION 5. Section 172.057, Election Code, is amended to
read as follows:
Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE
CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A
candidate's name shall be omitted from the general primary election
ballot if the candidate withdraws, dies, or is declared ineligible
on or before the 50th day before the general primary election [first
day after the date of the regular filing deadline].
SECTION 6. Section 172.058(a), Election Code, is amended to
read as follows:
(a) If a candidate who has made an application for a place on
the general primary election ballot that complies with the
applicable requirements dies or is declared ineligible after the
50th [first] day before [after] the general primary election [date
of the regular filing deadline], the candidate's name shall be
placed on the ballot and the votes cast for the candidate shall be
counted and entered on the official election returns in the same
manner as for the other candidates.
SECTION 7. Chapter 273, Election Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. JUDICIAL DETERMINATION OF ELIGIBILITY
Sec. 273.101. APPLICABILITY OF SUBCHAPTER; EXCLUSIVE
REMEDY. (a) This subchapter applies to any action alleging the
ineligibility of a candidate for a public elective office in this
state.
(b) This subchapter prevails to the extent of any conflict
between this subchapter and any other law of this state.
(c) This subchapter provides the exclusive remedy for a
judicial determination of a candidate's eligibility under this
code.
Sec. 273.102. STANDING. Any registered voter of the
territory from which a candidate seeks to be elected may file an
action challenging the candidate's eligibility under this
subchapter.
Sec. 273.103. VENUE. Venue for an action under this
subchapter is in the county where the candidate whose eligibility
is being challenged claims a residence on the candidate's voter
registration records or application for a place on the ballot.
Sec. 273.104. TIME FOR FILING PETITION. A voter may file a
petition challenging the eligibility of a candidate under this
subchapter not later than the 30th day before the relevant election
day.
Sec. 273.105. CIVIL ACTION WAIVER. (a) Except as provided
by Subsection (b) and only in a year in which a primary election is
held, a voter waives their right to file a legal action challenging
the eligibility of a candidate in a general election if the voter
did not challenge the eligibility of the candidate prior to the
primary election in the same voting year.
(b) A voter does not waive their right to file a legal action
under Subsection (a) if the voter's action is exclusively based on
evidence the voter learned of after the primary election.
Sec. 273.106. RELIEF. A petitioner who brings an action
under this subchapter may obtain:
(1) declaratory, injunctive, or equitable relief
necessary to effectuate a court's determination that a candidate is
ineligible for the office sought; and
(2) court costs.
Sec. 273.107. DISCOVERY. (a) Discovery in an action under
this subchapter shall be limited to facts relating to the
candidate's eligibility.
(b) The court shall allow a party expedited discovery if:
(1) the petition is a sworn petition; or
(2) the court receives the petitioner's sworn motion
providing specific factual allegations of the candidate's
ineligibility and the petitioner asserts that discovery will reveal
evidence of ineligibility.
(c) The court may allow a party to conduct expedited
discovery for good cause, as determined by the court.
(d) An order granting expedited discovery under this
section must allow for the deposition of the candidate.
Sec. 273.108. PRIMARY ELECTION: RULING. In an action under
this subchapter challenging a candidate's eligibility to be a
candidate in a general primary election, the court shall hold an
evidentiary hearing on the petition and shall rule that the
candidate is eligible or is not eligible not later than:
(1) the 55th day before election day if the petition
was filed not later than the 70th day before election day; or
(2) election day if the petition was filed after the
70th day before election day.
Sec. 273.109. GENERAL ELECTION: RULING. In an action under
this subchapter challenging a candidate's eligibility to be a
candidate in a general election, the court shall hold an
evidentiary hearing on the petition and shall rule that the
candidate is eligible or is not eligible not later than:
(1) the 80th day before election day if the petition
was filed not later than the 100th day before election day; or
(2) election day if the petition was filed after the
100th day before election day.
Sec. 273.110. SPECIAL ELECTION: RULING. In an action under
this subchapter challenging a candidate's eligibility to be a
candidate in a special election, the court shall hold an
evidentiary hearing on the petition and shall rule that the
candidate is eligible or is not eligible not later than:
(1) the 30th day before election day if the petition
was filed not later than the 45th day before election day; or
(2) election day if the petition was filed after the
45th day before election day.
SECTION 8. The changes in law made by this Act apply only to
an election held on or after the effective date of this Act. An
election held before the effective date of this Act is governed by
the law in effect when the election was held, and that law is
continued in effect for that purpose.
SECTION 9. This Act takes effect December 1, 2026.