reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.0061. Security for Costs

Sec. 241.0061.  SECURITY FOR COSTS.  (a)  Not later than the third day after the date the contestee's answer is received by the presiding officer of the house having jurisdiction, the contestant must file with the secretary of the senate or chief clerk of the house of representatives, as appropriate:
(1)  a cost bond payable to the appropriate house and to the contestee in the amount of $5,000, having sufficient sureties approved by the presiding officer, and conditioned that the contestant will pay all costs of the contest assessed against the contestant;
(2)  a cash deposit in lieu of bond;  or
(3)  an affidavit of inability to pay costs.
(b)  Security for costs must be filed under Subsection (a), and an affidavit of inability to pay costs may be contested, in the manner generally applicable to a civil suit in the district court, subject to any changes imposed by the master or by rules of the house having jurisdiction.
Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 231, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.007. Runoff Delayed

Sec. 241.007.  RUNOFF DELAYED.  (a)  If a special election for which a runoff is necessary according to the official result is contested, the secretary of state shall promptly notify the governor in writing of the contest when the canvass is completed or the petition is received, whichever is later.
(b)  The governor shall delay ordering the runoff pending the outcome of the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.008. Presiding Officer as Party

Sec. 241.008.  PRESIDING OFFICER AS PARTY.  If the presiding officer of the house having jurisdiction is a party to a contest, the house shall elect one of its members to perform the duties of the presiding officer with respect to the contest.  The chair of the house's committee on administration shall perform those duties until the substitute is elected.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 232, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.009. Master of Discovery

Sec. 241.009.  MASTER OF DISCOVERY.  (a)  As soon as practicable after receiving the contestee's answer, the presiding officer of the house having jurisdiction shall appoint a master of discovery to supervise discovery proceedings and the taking of depositions, to issue any necessary process, to receive and report evidence, and to perform any other duties assigned by the presiding officer or by the committee to which the contest is referred.
(b)  The master must be a member of the house in which the contest is pending.
(c)  The presiding officer or the committee may limit the master's authority in the same manner as a civil court in appointing a master in chancery.
(d)  The master acts under the direction of the presiding officer before the case is referred to a committee and acts under the direction of the committee after the referral.
(e)  The master's rulings are subject to review by the committee to which the contest is referred unless otherwise provided by rules of the house.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.0091. Frivolous Petition

Sec. 241.0091.  FRIVOLOUS PETITION.  (a)  The master may on the master's own motion, or shall on the motion of the committee, determine whether the contestant's petition is frivolous or otherwise does not state the grounds necessary to maintain the contest.
(b)  After making a determination under Subsection (a), the master shall promptly deliver to the committee a report stating the findings.  The report to the committee may include any recommendation the master considers appropriate.
Added by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 233, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.010. Discovery and Depositions

Sec. 241.010.  DISCOVERY AND DEPOSITIONS.  (a)  Any party to a contest may conduct discovery and take depositions under the procedures applicable to a civil suit in the district court, subject to changes in those procedures or limitations imposed by the master or by rules of the house in which the contest is pending.
(b)  Each party is responsible for the initial payment of the party's costs of discovery and taking depositions, but the costs may be assessed as provided by Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.011. Referral of Contest to Committee; Hearing by Committee

Sec. 241.011.  REFERRAL OF CONTEST TO COMMITTEE;  HEARING BY COMMITTEE.  (a)  As soon as practicable after receiving the contestee's answer, the presiding officer of the house in which the contest is pending shall refer the contest to a special committee, a standing committee, or a committee of the whole, as provided by rules of the house.
(b)  The committee shall promptly set a time and place for hearing the contest.  After notice to the parties, the committee shall investigate the issues raised by the contest, hearing all legal evidence presented by the parties, except as provided by Subsection (c).
(c)  The committee may refuse to hear testimony or other evidence presented in person by the parties if the master determines under Section 241.0091 that the contestant's petition is frivolous or otherwise groundless.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.012. Hearing Procedure

Sec. 241.012.  HEARING PROCEDURE.  The procedure for the committee hearing of an election contest shall be prescribed by rules of the house in which the contest is pending.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.013. Evidence

Sec. 241.013.  EVIDENCE.  Except as otherwise provided by house rules, the rules of evidence generally applicable to a civil suit in the district court apply to the hearing of an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.014. Attendance of Witnesses

Sec. 241.014.  ATTENDANCE OF WITNESSES.  (a)  The committee to which an election contest is referred has the same authority as other legislative committees to compel attendance of witnesses and production of evidence without the necessity for an express authorization by resolution, rule, or other action of the house creating the committee.
(b)  The law generally applicable to the issuance and service of process in legislative committee hearings applies to the hearing of a contest.
(c)  A summoned witness is entitled to payment for travel and subsistence expenses in accordance with the laws applicable to in-state travel for state employees.
(d)  Each party is responsible for the initial payment of the costs for service of process and attendance of witnesses at the party's request, but the costs may be assessed as provided by Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.015. Committee Report

Sec. 241.015.  COMMITTEE REPORT.  (a)  Except as provided by Section 241.019, as soon as practicable after completing its hearing on a contest, the committee shall make a written report of its findings of fact and conclusions of law with respect to the contest to the house in which the contest is pending.  The report may include any recommendation the committee considers appropriate.
(b)  The committee shall accompany its report with all the papers in the contest and the evidence presented to the committee.
(c)  The committee chair shall file the report with the secretary of the senate or the chief clerk of the house of representatives, as appropriate.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 234, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.016. Minority Report

Sec. 241.016.  MINORITY REPORT.  Any member of the committee dissenting from the views of the majority may file a minority report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.017. Withdrawal of Contest

Sec. 241.017.  WITHDRAWAL OF CONTEST.  (a)  A contestant may withdraw the election contest at any time before the filing of the committee report by filing with the committee chair and the presiding officer of the house a written statement of withdrawal signed by the contestant or the contestant's attorney.
(b)  On withdrawal of the contest, the contest is dismissed and the presiding officer shall have the statement of withdrawal read into the journal of the appropriate house.
(c)  Costs of the contest following a withdrawal may be assessed as provided by Section 241.025.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 235, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.018. Disposition of Contest by House

Sec. 241.018.  DISPOSITION OF CONTEST BY HOUSE.  (a)  Except as provided by Section 241.019, the house in which a contest is pending shall dispose of the contest as provided by this section.
(b)  As soon as practicable after the committee report on the contest is filed, the house shall set a date for consideration of the report.
(c)  The house shall take action on the contest as prescribed by Section 221.012.
(d)  A contestee may not vote on any matter involving the contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.019. Disposition of Contest by Committee

Sec. 241.019.  DISPOSITION OF CONTEST BY COMMITTEE.  The committee to which a contest of a special election is referred shall take action on the contest as prescribed by Section 221.012 if:
(1)  no candidate received a majority of the votes according to the official result of the election;
(2)  the legislature is not in session on the date the contestant's petition is filed with the secretary of state, or, if it is in session, the session will end before the 25th day after the date the petition is filed;
(3)  no session of the legislature is scheduled to begin within 30 days after the date the petition is filed;  and
(4)  the legislature is not in session on the date the committee completes its hearing, and no session is scheduled to begin within 30 days after that date.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.020. New Election Ordered if Contested Election Void

Sec. 241.020.  NEW ELECTION ORDERED IF CONTESTED ELECTION VOID.  In an election contest in which the election is declared void, the house or committee, as appropriate, shall include in its judgment an order directing the governor to order a new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.021. Delivery of Certified Copies of Judgment

Sec. 241.021.  DELIVERY OF CERTIFIED COPIES OF JUDGMENT.  (a)  After the judgment in a contest is rendered, the secretary of the senate or the chief clerk of the house of representatives, as appropriate, shall promptly deliver a certified copy of the judgment to the secretary of state.
(b)  If another election is necessary under the judgment, the secretary of the senate or chief clerk of the house of representatives shall promptly deliver a certified copy of the judgment to the governor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.022. Procedures for New Election Generally

Sec. 241.022.  PROCEDURES FOR NEW ELECTION GENERALLY.  (a)  If the contested election is declared void, the new election shall be held in the same manner as the contested election, except as otherwise provided by this chapter.
(b)  Section 232.050 applies to the ballot form for the new election.
(c)  Section 232.043 applies to write-in voting in the new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.023. Accelerated Election Schedule

Sec. 241.023.  ACCELERATED ELECTION SCHEDULE.  If another election is necessary under the judgment in an election contest, the applicable time intervals for conducting a special election for state senator or state representative apply if the judgment is rendered:
(1)  during a regular legislative session;  or
(2)  within 60 days before the date a legislative session is convened.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.024. Candidates in New Election

Sec. 241.024.  CANDIDATES IN NEW ELECTION.  (a)  The candidates in a new election ordered in an election contest in which the election is declared void under this chapter are determined in accordance with the applicable provisions of Chapter 232, Subchapter B, prescribing the candidates in a new election ordered by a court.
(b)  In a new election in which replacement candidates are permitted on the ballot, the governor shall set the filing deadlines that are set by the district court in a new election ordered by a court.
(c)  The governor shall set the deadline for withdrawal from a new election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 241 - Contest for State Senator or Representative › Section 241.025. Costs of Contest

Sec. 241.025.  COSTS OF CONTEST.  (a)  Subject to Section 221.013(a), the house considering an election contest may assess the costs of the contest against any one or more of the parties, except that costs may not be assessed against a contestee who prevails in the contest.
(b)  In a contest covered by Section 241.019, the committee determines how the costs are to be assessed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 242 - Contest for Constitutional Executive Office › Section 242.001. Applicability of Chapter

Sec. 242.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a contest of a general election for the office of governor, lieutenant governor, comptroller of public accounts, land commissioner, or attorney general.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 6.05, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 242 - Contest for Constitutional Executive Office › Section 242.002. Conduct of Contest Generally

Sec. 242.002.  CONDUCT OF CONTEST GENERALLY.  (a)  Except as otherwise provided by this chapter, the applicable provisions of Chapter 241 govern an election contest under this chapter.
(b)  Two copies of the petition and answer must be filed with the secretary of state.  The secretary shall deliver one copy of each document to the presiding officer of each house of the legislature.  Security for costs must be filed with the chief clerk of the house of representatives.  Any cost bond must be payable to both houses.
(c)  The presiding officers of the two houses of the legislature shall act jointly in appointing a master of discovery and in setting the amount of and approving the sureties on a cost bond.  The master may be a member of either house.
(d)  The presiding officers shall refer the contest to a committee constituted in accordance with joint rules of the two legislative houses.  Unless otherwise provided by joint rule, the referral is not effective until both presiding officers make the referral.
(e)  The committee shall make its report to both houses of the legislature, and the two houses shall consider the report and dispose of the contest in joint session.
(f)  Any legislative rules applicable to a contest under this chapter must be joint rules.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 759, Sec. 10, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 242 - Contest for Constitutional Executive Office › Section 242.003. Contest for Office of Governor or Lieutenant Governor

Sec. 242.003.  CONTEST FOR OFFICE OF GOVERNOR OR LIEUTENANT GOVERNOR.  (a)  This section applies only to a contest for the office of governor or lieutenant governor.
(b)  For purposes of a contest under this section, the date the official result of the contested election is determined is the date the governor completes the state canvass.  The official result is determined from the tabulation of the election returns prepared by the secretary of state, except as provided by Subsection (d).
(c)  The secretary of state shall deliver a certified copy of the tabulation to each of the presiding officers.
(d)  The committee to which the contest is referred may treat the tabulation as correct until the speaker of the house of representatives opens and publishes the official election returns.  If a discrepancy exists between the tabulation and the speaker's official count that might be material to a determination of the contest, the committee shall investigate the discrepancy to ascertain, if possible, the correct vote count.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 10, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 759, Sec. 11, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 242 - Contest for Constitutional Executive Office › Section 242.004. Accelerated Election Schedule

Sec. 242.004.  ACCELERATED ELECTION SCHEDULE.  The time intervals for conducting a special election to fill a vacancy in the office of state senator or state representative occurring during a regular legislative session apply to any election necessary under the judgment in an election contest under this chapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.001. Applicability of Chapter

Sec. 243.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a contest of an election of presidential electors for president and vice-president of the United States.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.002. Parties

Sec. 243.002.  PARTIES.  (a)  An election of presidential electors may be contested only by:
(1)  a presidential candidate whose name appeared on the ballot for the election in this state or who had qualified as a write-in candidate in this state;
(2)  any one or more of the presidential elector candidates who correspond to a presidential candidate specified by Subdivision (1), if the presidential candidate gives express approval;  or
(3)  a presidential candidate specified by Subdivision (1) and one or more corresponding presidential elector candidates acting jointly.
(b)  The contestees are the presidential elector candidates officially determined to be elected and the presidential candidate to whom they correspond.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.003. Petition

Sec. 243.003.  PETITION.  (a)  The contestant must state the grounds for the contest in a petition in the same manner as a petition in an election contest in the district court.
(b)  The contestant must file the petition with the secretary of state not later than the later of the 10th day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.
(c)  The contestant may not file the petition before the day after the date of the contested election.
(d)  The petition must state the name and address of the contestant or an agent for the contestant to whom a copy of the contestee's answer is to be delivered.  If there is more than one contestant, the petition must designate one to receive the copy on behalf of all the contestants.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.004. Notice to Contestees

Sec. 243.004.  NOTICE TO CONTESTEES.  (a)  When a petition is filed, the secretary of state shall promptly notify each contestee of the filing and shall deliver a copy of the petition to each contestee who requests one or to an agent designated by the requesting contestee.
(b)  The secretary of state shall use the most expeditious means available for notifying each contestee.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.005. Answer

Sec. 243.005.  ANSWER.  (a)  The contestee must reply to the contestant's petition in an answer in the same manner as an answer to a petition in an election contest in the district court.
(b)  The contestee must file the answer with the secretary of state not later than the eighth day after the date the petition is filed.  The contestee must deliver a copy of the answer by the same deadline to the person designated by the petition to receive it.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.006. Hearing of Contest

Sec. 243.006.  HEARING OF CONTEST.  When the contestee's answer is filed, the governor shall set a time and place for hearing the contest.  After notice to the parties, the governor shall investigate the issues raised by the contest, hearing all legal evidence presented by the parties.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 11, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.007. Master of Discovery

Sec. 243.007.  MASTER OF DISCOVERY.  (a)  The governor may appoint a master of discovery for the contest.  The master has the authority of a master appointed under Section 241.009.
(b)  The master must be a resident of the state who:
(1)  is not employed by or related within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, to a party to the contest;  and
(2)  is not an officer of a political party that had a presidential nominee on the ballot of the contested election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 12, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 561, Sec. 19, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.008. Discovery and Depositions

Sec. 243.008.  DISCOVERY AND DEPOSITIONS.  (a)  Any party to a contest may conduct discovery and take depositions under the procedures applicable to a civil suit in the district court, subject to changes in those procedures or limitations imposed by the governor or the master of discovery.
(b)  Each party is responsible for the initial payment of the party's costs of discovery and taking depositions, but the costs may be assessed as provided by Section 243.013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 13, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.009. Hearing Procedure

Sec. 243.009.  HEARING PROCEDURE.  The governor shall determine the procedure for hearing an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 14, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.010. Evidence

Sec. 243.010.  EVIDENCE.  Except as otherwise provided by the governor, the rules of evidence generally applicable to a civil suit in the district court apply to the hearing of an election contest.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 14, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.011. Attendance of Witnesses

Sec. 243.011.  ATTENDANCE OF WITNESSES.  (a)  The governor has the same authority as a district court in an election contest to require the attendance of witnesses and the production of evidence.  The secretary of state shall issue in the name of the governor subpoenas or other process as directed by the governor.
(b)  Any sheriff or constable of the state or a person appointed by the governor may serve the process issued by the secretary of state.
(c)  Compliance with process issued under this chapter may be enforced in the manner provided for enforcement of process issued under Chapter 2001, Government Code.
(d)  The summoned witnesses and the officers serving the process are entitled to mileage and fees as prescribed by law in a civil suit in the district court.
(e)  Each party is responsible for the initial payment of the costs for service of process and attendance of witnesses at the party's request, but the costs may be assessed as provided by Section 243.013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 15, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.012. Disposition of Contest

Sec. 243.012.  DISPOSITION OF CONTEST.  (a)  The governor shall determine the outcome of the contested election and render the decision not later than the seventh day before the date set by law for the meeting of the electors.
(b)  The decision shall declare which set of presidential elector candidates was elected.
(c)  The decision shall be in writing and signed by the governor.
(d)  Section 221.012(b) does not apply to a contest of an election of presidential electors.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 16, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle C - Contests in Other Tribunals › Chapter 243 - Contest for Presidential Electors › Section 243.013. Costs of Contest

Sec. 243.013.  COSTS OF CONTEST.  The governor may assess the costs of the contest against any one or more of the parties.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 163, Sec. 17, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle D - Other Election Lawsuits › Chapter 247 - Lawsuit Alleging Improper Election Activities › Section 247.001. Petition Alleging Fraud

Sec. 247.001.  PETITION ALLEGING FRAUD.  This chapter applies to a civil suit in which a candidate in an election alleges in the petition that an opposing candidate, an agent of the opposing candidate, or a person acting on behalf of the opposing candidate with the candidate's knowledge violated any of the following sections of this code:
(1)  Section 13.007;
(2)  Section 64.012;
(3)  Section 64.036;
(4)  Section 84.003;
(5)  Section 84.0041;
(6)  Section 86.0051;
(7)  Section 86.006;
(8)  Section 86.010;
(9)  Section 276.013; and
(10)  Section 276.015.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle D - Other Election Lawsuits › Chapter 247 - Lawsuit Alleging Improper Election Activities › Section 247.002. Procedure

Sec. 247.002.  PROCEDURE.  A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election.  If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle D - Other Election Lawsuits › Chapter 247 - Lawsuit Alleging Improper Election Activities › Section 247.003. Filing Period for Petition

Sec. 247.003.  FILING PERIOD FOR PETITION.  A candidate in an election may file a petition for an action under this chapter not earlier than the day after the date the election is certified and not later than the 45th day after the later of that date or the date election records are made publicly available under Section 1.012.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle D - Other Election Lawsuits › Chapter 247 - Lawsuit Alleging Improper Election Activities › Section 247.004. Damages

Sec. 247.004.  DAMAGES.  (a)  If it is shown by a preponderance of the evidence that a defendant, an agent of the defendant, or a person acting on behalf of the defendant with the defendant's knowledge committed one or more violations of a section described by Section 247.001, the defendant is liable to the plaintiff for damages in an amount of $1,000 for each violation.
(b)  Notwithstanding Section 41.004, Civil Practice and Remedies Code, a court shall award damages under Subsection (a) to the plaintiff irrespective of whether the plaintiff is awarded actual damages.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 14 - Election Contests › Subtitle D - Other Election Lawsuits › Chapter 247 - Lawsuit Alleging Improper Election Activities › Section 247.005. Attorney's Fees

Sec. 247.005.  ATTORNEY'S FEES.  In an action under this chapter, the court may award reasonable attorney's fees to the prevailing party.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 8.03, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.0015. Communication With Candidate

Sec. 251.0015.   COMMUNICATION WITH CANDIDATE.  For purposes of Section 251.001(8), communication between a person and a candidate, officeholder, or candidate's or officeholder's agent is not evidence that the person obtained the candidate's or officeholder's consent or approval for a campaign expenditure made after the communication by the person on behalf of the candidate or officeholder unless the communication establishes that:
(1)  the expenditure is incurred at the request or suggestion of the candidate, officeholder, or candidate's or officeholder's agent;
(2)  the candidate, officeholder, or candidate's or officeholder's agent is materially involved in decisions regarding the creation, production, or distribution of a campaign communication related to the expenditure; or
(3)  the candidate, officeholder, or candidate's or officeholder's agent shares information about the candidate's or officeholder's plans or needs that is:
(A)  material to the creation, production, or distribution of a campaign communication related to the expenditure; and
(B)  not available to the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 1127 (H.B. 2586), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.0016. Common Vendor

Sec. 251.0016.  COMMON VENDOR.  A person using the same vendor as a candidate, officeholder, or political committee established or controlled by a candidate or officeholder is not acting in concert with the candidate, officeholder, or committee to make a campaign expenditure unless the person makes the expenditure using information from the vendor about the campaign plans or needs of the candidate, officeholder, or committee that is:
(1)  material to the expenditure; and
(2)  not available to the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 1127 (H.B. 2586), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.002. Officeholders Covered

Sec. 251.002.  OFFICEHOLDERS COVERED.  (a)  The provisions of this title applicable to an officeholder apply only to a person who holds an elective public office and to the secretary of state.
(b)  For purposes of this title, a state officer-elect or a member-elect of the legislature is considered an officeholder beginning on the day after the date of the general or special election at which the officer-elect or member-elect was elected.  This subsection does not relieve a state officer-elect or member-elect of the legislature of any reporting requirements the person may have as a candidate under this title.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.003. Prohibition of Document Filing Fee

Sec. 251.003.  PROHIBITION OF DOCUMENT FILING FEE.  A charge may not be made for filing a document required to be filed under this title.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.004. Venue

Sec. 251.004.  VENUE.  (a)  Venue for a criminal offense prescribed by this title is in the county of residence of the defendant, unless the defendant is not a Texas resident, in which case venue is in Travis County.
(b)  Venue for the recovery of delinquent civil penalties imposed by the commission under this title is in Travis County.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 1134, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.005. Out-of-State Committees Excluded

Sec. 251.005.  OUT-OF-STATE COMMITTEES EXCLUDED.  (a)  An out-of-state political committee is not subject to Chapter 252 or 254, except as provided by Subsection (b), (c), or (d).
(b)  If an out-of-state committee decides to file a campaign treasurer appointment under Chapter 252, at the time the appointment is filed the committee becomes subject to this title to the same extent as a political committee that is not an out-of-state committee.
(c)  If an out-of-state committee performs an activity that removes the committee from out-of-state status as defined by Section 251.001(15), the committee becomes subject to this title to the same extent as a political committee that is not an out-of-state committee.
(d)  An out-of-state political committee that does not file a campaign treasurer appointment shall comply with Section 254.1581.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987;  Acts 2003, 78th Leg., ch. 249, Sec. 2.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.006. Federal Office Excluded

Sec. 251.006.  FEDERAL OFFICE EXCLUDED.  (a)  Except as provided by Subsection (b), this title does not apply to a candidate for an office of the federal government.
(b)  A candidate for an elective office of the federal government shall file with the commission a copy of each document relating to the candidacy that is required to be filed under federal law.  The document shall be filed within the same period in which it is required to be filed under the federal law.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 107, Sec. 3.01, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 236, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.007. Timeliness of Action by Mail

Sec. 251.007.  TIMELINESS OF ACTION BY MAIL.  When this title requires a notice, report, or other document or paper to be delivered, submitted, or filed within a specified period or before a specified deadline, a delivery, submission, or filing by first-class United States mail or common or contract carrier is timely, except as otherwise provided by this title, if:
(1)  it is properly addressed with postage or handling charges prepaid;  and
(2)  it bears a post office cancellation mark or a receipt mark of a common or contract carrier indicating a time within the period or before the deadline, or if the person required to take the action furnishes satisfactory proof that it was deposited in the mail or with a common or contract carrier within the period or before the deadline.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.008. Certain Political Club Meetings Excluded

Sec. 251.008.  CERTAIN POLITICAL CLUB MEETINGS EXCLUDED.  (a)  An expense incurred in connection with the conduct of a meeting of an organization or club affiliated with a political party at which a candidate for an office regularly filled at the general election for state and county officers, or a person holding that office, appears before the members of the organization or club is not considered to be a political contribution or political expenditure if no political contributions are made to or solicited for the candidate or officeholder at the meeting.
(b)  In this section, an organization or club is affiliated with a political party if it:
(1)  supports the nominees of that political party but does not support any candidate seeking the party's nomination for an office over any other candidate seeking that nomination;  and
(2)  is recognized by the political party as an auxiliary of the party.
Added by Acts 1989, 71st Leg., ch. 422, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 752, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter A. General Provisions › Section 251.009. Legislative Caucus Contribution or Expenditure Not Considered to Be Officeholder Contribution or Expenditure

Sec. 251.009.  LEGISLATIVE CAUCUS CONTRIBUTION OR EXPENDITURE NOT CONSIDERED TO BE OFFICEHOLDER CONTRIBUTION OR EXPENDITURE.  A contribution to or expenditure by a legislative caucus, as defined by Section 253.0341, is not considered to be an officeholder contribution or officeholder expenditure for purposes of this title.
Added by Acts 1995, 74th Leg., ch. 43, Sec. 4, eff. Aug. 28, 1995.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter B. Duties of Commission › Section 251.032. Forms

Sec. 251.032.  FORMS.  In addition to furnishing samples of the appropriate forms to the authorities having administrative duties under this title, the commission shall furnish the forms to each political party's state executive committee and county chair of each county executive committee.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 107, Sec. 3.03, eff. Aug. 30, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 237, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 251 - General Provisions › Subchapter B. Duties of Commission › Section 251.033. Notification of Deadline for Filing Reports

Sec. 251.033.  NOTIFICATION OF DEADLINE FOR FILING REPORTS.  (a)  The commission shall notify each person responsible for filing a report with the commission under Subchapters C through F, Chapter 254, of the deadline for filing a report, except that notice of the deadline is not required for a political committee involved in an election other than a primary election or the general election for state and county officers.  Notification under this subsection may be sent by electronic mail.
(b)  If the commission is unable to notify a person of a deadline after two attempts, the commission is not required to make any further attempts to notify the person of that deadline or any future deadlines until the person has notified the commission of the person's current address or electronic mail address.
(c)  Chapter 552, Government Code, does not apply to a notification under this section sent by electronic mail.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 107, Sec. 3.04, eff. Aug. 30, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 996 (H.B. 3922), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 252 - Campaign Treasurer › Section 252.001. Appointment of Campaign Treasurer Required

Sec. 252.001.  APPOINTMENT OF CAMPAIGN TREASURER REQUIRED.  Each candidate and each political committee shall appoint a campaign treasurer as provided by this chapter.
Amended by Acts 1987, 70th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 15 - Regulating Political Funds and Campaigns › Chapter 252 - Campaign Treasurer › Section 252.0011. Ineligibility for Appointment as Campaign Treasurer

Sec. 252.0011.  INELIGIBILITY FOR APPOINTMENT AS CAMPAIGN TREASURER.  (a)   Except as provided by Subsection (b) or (c), a person is ineligible for appointment as a campaign treasurer if the person is the campaign treasurer of a political committee that does not file a report required by Chapter 254.
(b)  The period for which a person is ineligible under Subsection (a) for appointment as a campaign treasurer ends on the date on which the political committee in connection with which the person's ineligibility arose has filed each report required by Chapter 254 that was not timely filed or has paid all fines and penalties in connection with the failure to file the report.
(c)  Subsection (a) does not apply to a person if, in any semiannual reporting period prescribed by Chapter 254:
(1)  the political committee in connection with which the person's ineligibility arose did not accept political contributions that in the aggregate exceed $5,000 or make political expenditures that in the aggregate exceed $5,000;  and
(2)  the candidate who or political committee that subsequently appoints the person does not accept political contributions that in the aggregate exceed $5,000 or make political expenditures that in the aggregate exceed $5,000.
(d)  Subsection (c) applies to a person who is the campaign treasurer of a general-purpose committee regardless of whether the committee files monthly reports under Section 254.155.  For purposes of this subsection, political contributions accepted and political expenditures made during a monthly reporting period are aggregated with political contributions accepted and political expenditures made in each other monthly reporting period that corresponds to the semiannual reporting period that contains those months.
(e)  A candidate or political committee is considered to have not appointed a campaign treasurer if the candidate or committee appoints a person as campaign treasurer whose appointment is prohibited by Subsection (a).
(f)  A person who violates this section is liable for a civil penalty not to exceed three times the amount of political contributions accepted or political expenditures made in violation of this section.
Added by Acts 2003, 78th Leg., ch. 249, Sec. 2.03, eff. Sept. 1, 2003.