TITLE: Relating to the cancellation of a special election to fill a vacancy in the legislature.

SUMMARY: Relating to the cancellation of a special election to fill a vacancy in the legislature.

FULL TEXT:
AN ACT relating to the cancellation of a special election to fill a vacancy in the legislature. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2.055, Election Code, is amended to read as follows: Sec. 2.055. SPECIAL ELECTION TO FILL VACANCY IN LEGISLATURE. (a) The secretary of state shall [may] declare an unopposed candidate elected to fill a vacancy in the legislature if: (1) each candidate for an office that is to appear on the ballot is unopposed; and (2) no proposition is to appear on the ballot. (b) The declaration under Subsection (a) shall be made on the second day after: (1) the last date an application for a place on the special election ballot may be filed; or (2) the date of a withdrawal, death, or final judgment of ineligibility of a candidate that causes the remaining candidate to be unopposed. (c) After [If] a declaration is made under Subsection (a), the election is not held. A copy of the declaration shall be posted on election day at each polling place that would have been used in the election. (d) At the same time a declaration is made under Subsection (a), the [(c) The] secretary of state shall issue a certificate of election to each candidate in the same manner as provided for a candidate elected at the election. SECTION 2. This Act takes effect September 1, 2011.