HBA-TYH, BTC H.B. 442 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 442
By: Madden
Elections
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is confusion among some candidates and election
administrators regarding provisions in the Education Code (code) regarding
write-in candidates in school elections.  The sections for public education
and higher education include essentially the same requirements, but because
they are structured differently and use different language, the perception
is that they have different requirements as well.  H.B.  442 clarifies the
code and makes the language consistent. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 130.0825, Education Code, to establish that  in
a general or special election for members of the governing body of a junior
college district, a write-in vote may not be counted for a person unless
the person has filed a declaration of write-in candidacy with the secretary
of the board of trustees in the manner provided for candidates in the
general election for state and county officers.  Deletes Subsections (b)
and (c) which required a write-in candidate to make a declaration of
write-in candidacy and to file that declaration with the applicable
authority.  Makes a nonsubstantive change.  Redesignates Subsections (d) -
(f) to Subsections (b) - (d) respectively. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.Emergency clause.