HBA-CMT, MPM H.B. 440 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 440
By: Madden
State, Federal & International Relations
2/23/2001
Introduced



BACKGROUND AND PURPOSE 

The 74th Legislature authorized a political subdivision other than a
county (governmental entity) to cancel an election if no contested races
and no propositions were to appear on the ballot.  It was later discovered
that this legislation failed to cover all governmental entities.  The 75th
Legislature adopted legislation to include hospital districts, junior
college districts and navigation boards, thereby enabling them to take
advantage of the same election cancellation law as other entities.  Once
again, after this action was taken it was discovered that some governmental
bodies were not covered within the legislation adopted in previous
sessions, namely library districts.  House Bill 440 further extends the
election cancellation law to library districts.  

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. 

ANALYSIS

House Bill 440 amends the Local Government Code to provide that write-in
votes for the board of trustees of a library district may be counted only
for names appearing on a list of write-in candidates in the manner that the
Election Code provides for counting write-in votes in a general election
for city officers.   

The bill also provides that current  provisions governing the election of
an unopposed candidate for office in a political subdivision apply to the
election of an unopposed candidate for the office of trustee of a library
district. 

EFFECTIVE DATE

September 1, 2001.