Today's Bill of the Day is House Bill 420 by Representative Diane Patrick. House Bill 420 seeks to make the election of State Board of Education members non-partisan elections by eliminating the ability for a political party to nominate a candidate.
The full text of the bill is below after the jump.
Relating to the nonpartisan election of members to the State Board of Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 7.101(b), Education Code, is amended to read as follows:
Members
of the board are elected at biennial general elections held in compliance with
the Election Code. A candidate's name for the board may appear on the ballot
only as an independent candidate and Chapter 142, Election Code, applies to a
candidate for the board.
SECTION 2. Section
1.005, Election Code, is amended by amending Subdivision (9) to read as
follows:
(9) "Independent
candidate" means a candidate in a nonpartisan election or a candidate in a
partisan election who is not the nominee of a political party. The term includes a candidate for the
State Board of Education.
SECTION 3. Section
142.001, Election Code, is amended to read as follows:
Sec. 142.001. APPLICABILITY
OF CHAPTER. This chapter applies to:
(1) an
independent candidate for an office that is to be voted on at the general
election for state and county officers except the offices of president and
vice-president of the United States; and
(2) any
candidate for the State Board of Education.
SECTION 4. Chapter
161, Election Code, is amended by adding Section 161.0031 to read as follows:
Sec. 161.0031. NOMINATION
FOR STATE BOARD OF EDUCATION PROHIBITED.
A political party may not make a nomination for the office of State
Board of Education.
SECTION 5. Section
172.024(a), Election Code, is amended to read as follows:
(a) The
filing fee for a candidate for nomination in the general primary election is as
follows:
(1) United
States senator $5,000
(2) office
elected statewide, except United States senator 3,750
(3) United
States representative 3,125
(4) state
senator 1,250
(5) state
representative 750
(6) [member,
State Board of Education 300
[(7)] chief
justice or justice, court of appeals, other than a justice specified by
Subdivision (7) [(8)]
1,875
(7) [(8)]
chief justice or justice of a court of appeals that serves a court of appeals
district in which a county with a population of more than 750,000 is wholly or
partly situated 2,500
(8) [(9)]
district judge or judge specified by Section 52.092(d) for which this schedule
does not otherwise prescribe a fee
1,500
(9) [(10)]
district or criminal district judge of a court in a judicial district wholly
contained in a county with a population of more than 850,000 2,500
(10) [(11)]
judge, statutory county court, other than a judge specified by Subdivision (11)
[(12)] 1,500
(11) [(12)]
judge of a statutory county court in a county with a population of more than
850,000 2,500
(12) [(13)]
district attorney, criminal district attorney, or county attorney performing
the duties of a district attorney 1,250
(13) [(14)]
county commissioner, district clerk, county clerk, sheriff, county tax
assessor-collector, county treasurer, or judge, constitutional county court:
(A) county
with a population of 200,000 or more
1,250
(B) county
with a population of under 200,000 750
(14) [(15)]
justice of the peace or constable:
(A) county
with a population of 200,000 or more
1,000
(B) county
with a population of under 200,000 375
(15) [(16)]
county surveyor, inspector of hides and animals, or public weigher 75
(16)
[
(17)
] office of the county government for which this schedule does not otherwise prescribe a fee 750
SECTION 6. This
Act takes effect September 1, 2009.
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