HBA-NLM H.B. 114 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 114
By: Smith
Public Education
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the deadline for a declaration of write-in candidacy in a school
board election is the 30th day before the election.  The deadline for the
declaration of a write-in candidacy in a city-wide election is the 45th day
before the election, which cannot account for the uncertainty of the
unopposed status of the school board elections.  Under Section 2.052 of the
Election Code, an election cannot be announced as unopposed until the
deadline. This 15-day disparity does not permit a city or district to
provide a joint ballot containing the races of both city wide offices and
school board positions.  H.B.114 will require a candidate in a school board
election to file for a declaration of write-in candidacy prior to the 45th
day before an election. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not delegate any additional rulemaking authority to a state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 11.056(b), Education Code, as follows:

(b) Requires  a declaration of write-in candidacy be filed by 5 p.m. of the
45th day before election day, rather than on the fifth day after the date
an application for a place on the ballot must be filed. Authorizes a
declaration of write-in candidacy for the office sought by the deceased or
ineligible candidate be filed no later than 5 p.m. on the 42nd day before
the election if a candidate whose name is to appear on the ballot dies or
is declared ineligible after the 48th day before the election. 

SECTION 2.  Effective date:  September 1,1999.

SECTION 3.  Emergency clause.