HBA-CMT H.J.R. 47 77(R) BILL ANALYSIS Office of House Bill AnalysisH.J.R. 47 By: Madden Elections 7/10/2001 Enrolled BACKGROUND AND PURPOSE Legislation enacted during the 74th Regular Session authorized political subdivisions other than counties that make provisions for write-in candidacy declarations to cancel an election and declare an unopposed candidate elected if no contested races and no propositions appear on the ballot. There have been instances in the past in which a legislator died while in office and in the ensuing special election to fill the seat, only one name appeared on the ballot. This highlights a potential need to apply the same criteria for election cancellation to state office races. As proposed, House Joint Resolution 47 requires the submission to the voters of a constitutional amendment authorizing the legislature to provide for the filling of a vacancy in the legislature without an election if a candidate is running unopposed in an election to fill a vacancy. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this resolution does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Joint Resolution 47 amends the Texas Constitution to authorize the legislature to provide by general law for the filling of a vacancy in the legislature without an election if only one person qualifies and declares a candidacy in an election to fill the vacancy. FOR ELECTION November 6, 2001.