HBA-CMT H.J.R. 47 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 47
By: Madden
Elections
2/21/2001
Introduced



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 has
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 as a candidate
in an election to fill the vacancy. 

FOR ELECTION

The proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.