reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter I. Refund Policies › Section 1001.402. Termination Policy

Sec. 1001.402.  TERMINATION POLICY.  (a)  As a condition for obtaining a driver training provider license, the provider must maintain a policy for the refund of the unused portion of tuition, fees, and other charges if a student, after expiration of the cancellation period described by Section 1001.401, does not enter the course or withdraws or is discontinued from the course at any time before completion.
(b)  The policy must provide that:
(1)  refunds are based on the period of enrollment computed on the basis of course time expressed in clock hours;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last day of attendance, if the student's enrollment is terminated by the provider;
(B)  the date the provider receives written notice from the student; or
(C)  the 10th school day after the last day of attendance;
(3)  if tuition is collected in advance of entrance and if a student does not enter the course, terminates enrollment, or withdraws, the provider:
(A)  may retain not more than $50 as an administrative expense; and
(B)  shall refund that portion of the student's remaining classroom tuition and fees and behind-the-wheel tuition and fees that corresponds to services the student does not receive;
(4)  the provider shall refund items of extra expense to the student, including instructional supplies, books, laboratory fees, service charges, rentals, deposits, and all other charges not later than the 30th day after the effective date of enrollment termination if:
(A)  the extra expenses are separately stated and shown in the information provided to the student before enrollment; and
(B)  the student returns to the provider any provider property in the student's possession; and
(5)  refunds shall be completed not later than the 30th day after the effective date of enrollment termination.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.48, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter I. Refund Policies › Section 1001.403. Refund for Discontinued Course

Sec. 1001.403.  REFUND FOR DISCONTINUED COURSE.  On the discontinuation of a course by a driver training provider that prevents a student from completing the course, all tuition and fees paid become refundable.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.49, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter I. Refund Policies › Section 1001.404. Interest on Refund

Sec. 1001.404.  INTEREST ON REFUND.  (a)  If a refund is not timely made, the driver training provider shall pay interest on the amount of the refund.  Interest begins to accrue on the first day after the expiration of the refund period and ends on the day preceding the date the refund is made.
(b)  The department shall establish annually the rate of interest for a refund at a rate sufficient to provide a deterrent to the retention of student money.
(c)  The department may except a driver training provider from the payment of interest if the provider makes a good-faith effort to refund tuition, fees, and other charges but is unable to locate the student to whom the refund is owed.  On request of the department, the driver training provider shall document the effort to locate a student.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 49, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.50, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter I. Refund Policies › Section 1001.405. Applicability to Parent-Taught Driver Education Provider

Sec. 1001.405.  APPLICABILITY TO PARENT-TAUGHT DRIVER EDUCATION PROVIDER. The commission shall adopt rules as necessary to ensure this subchapter applies as appropriate to a parent-taught driver education provider.
Added by Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.51, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 1001.451. Prohibited Practices

Sec. 1001.451.  PROHIBITED PRACTICES.  A person may not:
(1)  use advertising that is false, misleading, or deceptive;
(2)  fail to notify the department of the discontinuance of the operation of a driver training provider before the 15th working day after the date of cessation of classes and make available accurate records as required by this chapter;
(3)  issue, sell, trade, or transfer:
(A)  a uniform certificate of course completion or driver education certificate to a person or driver training provider not authorized to possess the certificate;
(B)  a uniform certificate of course completion to a person who has not successfully completed an approved driving safety course; or
(C)  a driver education certificate to a person who has not successfully completed a department-approved driver education course;
(4)  negotiate a promissory instrument received as payment of tuition or another charge before the student completes 75 percent of the course, except that before that time the instrument may be assigned to a purchaser who becomes subject to any defense available against the provider named as payee; or
(5)  conduct any part of an approved driver education course without having an instructor adequately available to the student for the type of instruction being given.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 50, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.52, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 1001.452. Course of Instruction or Provision of Materials

Sec. 1001.452.  COURSE OF INSTRUCTION OR PROVISION OF MATERIALS.  A driver training provider may not conduct a course of instruction or provide driver education course materials, as applicable, in this state before the date the provider receives the necessary driver training provider license from the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 50, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.53, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 1001.453. Distribution of Written Information on Driving Safety Provider

Sec. 1001.453.  DISTRIBUTION OF WRITTEN INFORMATION ON DRIVING SAFETY PROVIDER.
Text of subsection effective until January 01, 2025
(a)  A person may not distribute within 500 feet of a court with jurisdiction over an offense to which Article 45.0511, Code of Criminal Procedure, applies written information that advertises a driving safety provider.
Text of subsection effective on January 01, 2025
(a)  A person may not distribute within 500 feet of a court with jurisdiction over an offense to which Subchapter H, Chapter 45A, Code of Criminal Procedure, applies written information that advertises a driving safety provider.
(b)  The department may revoke the license of a driving safety provider if the provider or the provider's agent, employee, or representative violates this section.
(c)  This section does not apply to distribution of information:
(1)  by a court;  or
(2)  to a court to advise the court of the availability of the course or to obtain approval of the course.
(d)  Subchapter F, Chapter 51, Occupations Code, and Section 51.353, Occupations Code, do not apply to a violation of this section or a rule adopted under this section.
(e)  Section 51.352, Occupations Code, and Sections 1001.455(a)(6) and 1001.554 of this code do not apply to a violation of this section.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 51, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.54, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.55, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.044, eff. January 1, 2025.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 1001.455. Denial, Suspension, or Revocation of Driver Education Instructor License

Sec. 1001.455.  DENIAL, SUSPENSION, OR REVOCATION OF DRIVER EDUCATION INSTRUCTOR LICENSE.  (a)  The executive director or the commission may deny an application for a driver education instructor license or suspend or revoke the license of a driver education instructor if the instructor:
(1)  fails to meet a requirement for issuance of or holding a license under this chapter;
(2)  permits or engages in misrepresentation, fraud, or deceit in applying for or obtaining a certificate, license, or permit;
(3)  induces fraud or fraudulent practices on the part of an applicant for a driver's license or permit;
(4)  permits or engages in any other fraudulent practice in an action between the applicant or license holder and the public;
(5)  fails to comply with commission rules relating to driver instruction; or
(6)  fails to comply with this chapter.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 52, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 70(a)(10), eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 5.56, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter L. Penalties and Enforcement Provisions › Section 1001.554. General Criminal Penalty

Sec. 1001.554.  GENERAL CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates this chapter.
(b)  An offense under this section is punishable by:
(1)  a fine of not less than $100 or more than $20,000;
(2)  confinement in the county jail for a term not to exceed six months;  or
(3)  both the fine and confinement.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 5 - Other Education › Chapter 1001 - Driver and Traffic Safety Education › Subchapter L. Penalties and Enforcement Provisions › Section 1001.555. Unauthorized Transfer or Possession of Certificate; Offense

Sec. 1001.555.  UNAUTHORIZED TRANSFER OR POSSESSION OF CERTIFICATE;  OFFENSE.  (a)  A person commits an offense if the person knowingly sells, trades, issues, or otherwise transfers, or possesses with intent to sell, trade, issue, or otherwise transfer, a uniform certificate of course completion, a course completion certificate number, or a driver education certificate to an individual, firm, or corporation not authorized to possess the certificate or number.
(b)  The department may contract with the Department of Public Safety to provide undercover and investigative assistance in the enforcement of Subsection (a).
(c)  A person commits an offense if the person knowingly possesses a uniform certificate of course completion, a course completion certificate number, or a driver education certificate and is not authorized to possess the certificate or number.
(d)  An offense under this section is a felony punishable by imprisonment in the Texas Department of Criminal Justice for a term not to exceed five years.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 6.012(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 928 (H.B. 468), Sec. 6, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.055, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1044 (H.B. 1786), Sec. 53, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 6 - Benefits Consortiums › Chapter 2000 - Benefits Consortiums for Certain Private Educational Institutions › Section 2000.001. Definitions

Sec. 2000.001.  DEFINITIONS.  In this chapter:
(1)  "Employee welfare benefit plan" has the meaning assigned by Section 3(1), Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002(1)).
(2)  "Private educational institution" means any nonpublic, nonprofit, and accredited school that:
(A)  is owned and operated by an individual, religious institution, partnership, association, or corporation, or a department, division, or section of one of those entities; and
(B)  designates itself as a private educational center that includes a program of elementary, secondary, religious, college, or university education whose primary purpose is to provide private or religious-based education.
Added by Acts 2005, 79th Leg., Ch. 625 (H.B. 2390), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 6 - Benefits Consortiums › Chapter 2000 - Benefits Consortiums for Certain Private Educational Institutions › Section 2000.002. Formation of Benefits Consortium

Sec. 2000.002.  FORMATION OF BENEFITS CONSORTIUM.  Two or more private educational institutions may form a benefits consortium for the purpose of establishing a self-funded employee welfare benefit plan by adopting articles of incorporation or a declaration of trust.  The articles of incorporation or declaration of trust must:
(1)  limit membership in the benefits consortium to private educational institutions;
(2)  list the charter members of the benefits consortium;
(3)  include the method by which other institutions may be admitted as members of the benefits consortium;
(4)  require that each member agree to an initial membership term of not less than three years;
(5)  provide that the directors or trustees of the benefits consortium be elected from or on behalf of the membership of the benefits consortium and prescribe the method for selection of directors or trustees of the benefits consortium;
(6)  provide that the directors or trustees have complete fiscal control over the plan and are responsible for all operations of the plan;
(7)  list the purposes of the benefits consortium, including the types of risks shared by members of the consortium;
(8)  establish bylaws of the benefits consortium; and
(9)  provide for amendment of the articles of incorporation or declaration of trust and the bylaws.
Added by Acts 2005, 79th Leg., Ch. 625 (H.B. 2390), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 6 - Benefits Consortiums › Chapter 2000 - Benefits Consortiums for Certain Private Educational Institutions › Section 2000.003. Filings by Benefits Consortium

Sec. 2000.003.  FILINGS BY BENEFITS CONSORTIUM.  A benefits consortium formed under this chapter shall:
(1)  file with the commissioner of insurance a copy of the consortium's articles of incorporation or declaration of trust and any amendments to the articles of incorporation or declaration of trust; and
(2)  comply with all reporting requirements under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).
Added by Acts 2005, 79th Leg., Ch. 625 (H.B. 2390), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Education Code › Title 6 - Benefits Consortiums › Chapter 2000 - Benefits Consortiums for Certain Private Educational Institutions › Section 2000.004. Regulation of Benefits Consortium; Exemption From State Regulation

Sec. 2000.004.  REGULATION OF BENEFITS CONSORTIUM; EXEMPTION FROM STATE REGULATION.  An employee welfare benefit plan established by a benefits consortium under this chapter that is sponsored by a trade association in existence for 10 years or more, is in good standing with the secretary of state, and meets the requirements of this chapter is governed solely by and shall comply with the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), as implemented by the United States Department of Labor.
Added by Acts 2005, 79th Leg., Ch. 625 (H.B. 2390), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.0015. Legislative Intent

Sec. 1.0015.  LEGISLATIVE INTENT.  It is the intent of the legislature that the application of this code and the conduct of elections be uniform and consistent throughout this state to reduce the likelihood of fraud in the conduct of elections, protect the secrecy of the ballot, promote voter access, and ensure that all legally cast ballots are counted.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 1.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.002. Applicability of Code

Sec. 1.002.  APPLICABILITY OF CODE.  (a)  This code applies to all general, special, and primary elections held in this state.
(b)  This code supersedes a conflicting statute outside this code unless this code or the outside statute expressly provides otherwise.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.003. Construction of Code

Sec. 1.003.  CONSTRUCTION OF CODE.  (a)  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
(a-1)  Election officials and other public officials shall strictly construe the provisions of this code to effect the intent of the legislature under Section 1.0015.
(b)  When a provision of this code provides that it supersedes another specifically referenced provision of this code to the extent of any conflict, no conflict is created by the failure of the superseding provision, or of related provisions, to repeat the substance of the referenced provision;  rather, a conflict exists only if the substance of the superseding and any related provisions is irreconcilable with the substance of the referenced provision.  If the substance of the superseding provision, together with any related provisions, and the substance of the referenced provision can each be applied to the same subject or set of circumstances, both provisions shall be given effect.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 17, eff. Sept. 1, 1987.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 1.05, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.004. Internal References

Sec. 1.004.  INTERNAL REFERENCES.  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subtitle, subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next larger unit of this code in which the reference appears.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.006. Effect of Weekend or Holiday

Sec. 1.006.  EFFECT OF WEEKEND OR HOLIDAY.  (a)  If the last day for performance of an act is a Saturday, Sunday, or legal state or national holiday, the act is timely if performed on the next regular business day, except as otherwise provided by this code.
(b)  If the last day for performance of an act is extended under Subsection (a), the extended date is used to determine any other dates and deadlines, and the dates or times of any related procedures, that are expressly required to be made on a date or at a time determined in relation to the last day for performance of the act.
(c)  A declaration of ineligibility of a candidate is considered to be the performance of an act under this section for purposes of causing the candidate's name to be omitted from the ballot.
(d)  The filing of a document, including a withdrawal request or resignation, is considered to be the performance of an act under this section for purposes of creating a vacancy to be filled at a subsequent election.
(e)  The death of a person is not considered to be the performance of an act under this section.
(f)  In this code:
(1)  "National holiday" means:
(A)  a legal public holiday under 5 U.S.C. Section 6103; and
(B)  if a holiday described by Paragraph (A) occurs on a Saturday or Sunday, a holiday taken in lieu of that holiday on which there is no regular United States mail delivery.
(2)  "State holiday" means a state holiday under Sections 662.003(b)(1) through (6), Government Code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 84 (S.B. 1703), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.007. Delivering, Submitting, and Filing Documents

Sec. 1.007.  DELIVERING, SUBMITTING, AND FILING DOCUMENTS.  (a)  When this code provides for the delivery, submission, or filing of an application, notice, report, or other document or paper with an authority having administrative responsibility under this code, a delivery, submission, or filing with an employee of the authority at the authority's usual place for conducting official business constitutes filing with the authority.
(b)  The authority to whom a delivery, submission, or filing is required by this code to be made may accept the document or paper at a place other than the authority's usual place for conducting official business.
(c)  A delivery, submission, or filing of a document or paper under this code may be made by personal delivery, mail, telephonic facsimile machine, e-mail, or any other method of transmission.
(d)  Any other provision of this code supersedes this section to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1178 (S.B. 910), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.008. Timeliness of Action by Mail

Sec. 1.008.  TIMELINESS OF ACTION BY MAIL.  When this code requires an application, 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 is timely, except as otherwise provided by this code, if:
(1)  it is properly addressed with postage prepaid;  and
(2)  it bears a post office cancellation mark 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 within the period or before the deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.009. Time of Receipt of Mailed Document

Sec. 1.009.  TIME OF RECEIPT OF MAILED DOCUMENT.  (a)  When this code provides that an application, notice, or other document or paper that is delivered, submitted, or filed by mail is considered to be delivered, submitted, or filed at the time of its receipt by the appropriate authority, the time of receipt is the time at which a post office employee:
(1)  places it in the actual possession of the authority or the authority's agent;  or
(2)  deposits it in the authority's mailbox or at the usual place of delivery for the authority's official mail.
(b)  If the authority cannot determine the time at which a deposit under Subsection (a)(2) occurred or whether it occurred before a specified deadline, the deposit is considered to have occurred at the time the mailbox or usual place of mail delivery, as applicable, was last inspected for removal of mail.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.010. Availability of Official Forms

Sec. 1.010.  AVAILABILITY OF OFFICIAL FORMS.  (a)  The office, agency, or other authority with whom this code requires an application, report, or other document or paper to be submitted or filed shall make printed forms for that purpose, as officially prescribed, readily and timely available.
(b)  The authority shall furnish forms in a reasonable quantity to a person requesting them for the purpose of submitting or filing the document or paper.
(c)  The forms shall be furnished without charge, except as otherwise provided by this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.011. Signing Document by Witness

Sec. 1.011.  SIGNING DOCUMENT BY WITNESS.  (a)  When this code requires a person to sign an application, report, or other document or paper, except as otherwise provided by this code, the document or paper may be signed for the person by a witness, as provided by this section, if the person required to sign cannot do so because of a physical disability or illiteracy.
(b)  The person who cannot sign must affix the person's mark to the document or paper, which the witness must attest.  If the person cannot make the mark, the witness must state that fact on the document or paper.
(c)  The witness must state on the document or paper the name, in printed form, of the person who cannot sign.
(d)  The witness must affix the witness's own signature to the document or paper and state the witness's own name, in printed form, near the signature.  The witness must also state the witness's residence address unless the witness is an election officer, in which case the witness must state the witness's official title.
(e)  The procedure prescribed by this section must be conducted in the presence of the person who cannot sign.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.012. Public Inspection of Election Records

Sec. 1.012.  PUBLIC INSPECTION OF ELECTION RECORDS.  (a)  Subject to Subsection (b), an election record that is public information shall be made available to the public during the regular business hours of the record's custodian.
(b)  For the purpose of safeguarding the election records or economizing the custodian's time, the custodian may adopt reasonable rules limiting public access.
(c)  Except as otherwise provided by this code or Chapter 552, Government Code, all election records are public information.
(d)  In this code, "election record" includes:
(1)  anything distributed or received by government under this code;
(2)  anything required by law to be kept by others for information of government under this code;  or
(3)  a certificate, application, notice, report, or other document or paper issued or received by government under this code.
(e)  Except as provided by Subsections (f) and (g), an election record shall be available not later than the 15th day after election day in an electronic format for a fee of not more than $50.
(f)  Beginning on the first day after the date the final canvass of an election is completed, the general custodian of election records shall make available for public inspection election records that are:
(1)  images of voted ballots, if a county maintains images of voted ballots; or
(2)  cast vote records.
(g)  Beginning on the 61st day after election day, the general custodian of election records shall make available for public inspection election records that are original voted ballots.
(h)  The custodian shall adopt procedures to ensure the redaction of any personally identifiable information of the voter contained on a ballot before making the voted ballot available for public inspection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 728, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(88), eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 393, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 894 (H.B. 5180), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.013. Destruction of Records

Sec. 1.013.  DESTRUCTION OF RECORDS.  After expiration of the prescribed period for preserving voted ballots, election returns, other election records, or other records that are preserved under this code, the records may be destroyed or otherwise disposed of unless, at the expiration of the preservation period, an election contest or a criminal investigation or proceeding in connection with an election to which the records pertain is pending.  In that case, the records shall be preserved until the contest, investigation, or proceeding is completed and the judgment, if any, becomes final.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.014. Election Expenses

Sec. 1.014.  ELECTION EXPENSES.  (a)  Except as otherwise provided by law, the expenses incurred in the conduct of a general or special election shall be paid by the political subdivision served by the authority ordering the election.
(b)  Each county in the territory covered by an election ordered by the governor shall pay the expenses incurred in that particular county in the conduct of the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.015. Residence

Sec. 1.015.  RESIDENCE.  (a)  In this code, "residence" means domicile, that is, one's home and fixed place of habitation to which one intends to return after any temporary absence.
(b)  A person may not establish residence for the purpose of influencing the outcome of a certain election.
(c)  A person does not lose the person's residence by leaving the person's home to go to another place for temporary purposes only.
(d)  A person does not acquire a residence in a place to which the person has come for temporary purposes only and without the intention of making that place the person's home.
(e)  A person who is an inmate in a penal institution or who is an involuntary inmate in a hospital or eleemosynary institution does not, while an inmate, acquire residence at the place where the institution is located.
(f)  A person may not establish a residence at any place the person has not inhabited.  A person may not designate a previous residence as a home and fixed place of habitation unless the person inhabits the place at the time of designation and intends to remain.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 869 (S.B. 1111), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.016. Oaths by Election Officers

Sec. 1.016.  OATHS BY ELECTION OFFICERS.  (a)  An oath or statement required by the Texas Constitution or this code prior to an election officer entering service may be administered and a certificate of the fact given by:
(1)  the secretary of state, a member of the secretary of state's staff, or a state inspector appointed by the secretary;
(2)  a county or municipal clerk or the clerk's deputies;
(3)  a county tax assessor-collector or the county tax assessor-collector's deputies;
(4)  a city secretary;
(5)  a member of a county election commission or county election board;
(6)  a county elections administrator or employee of a county elections administrator;
(7)  the secretary of the governing body of a political subdivision other than a county or city or the authority performing the duties of a secretary under this code;
(8)  a presiding election judge or alternate presiding judge who has already entered service;
(9)  an early voting clerk or a deputy early voting clerk who has already entered service;
(10)  a member of an early voting ballot board or signature verification committee who has already entered service; or
(11)  a presiding judge, manager, or tabulation supervisor of a central counting station who has already entered service.
(b)  An oath, statement, or certificate described under Subsection (a) is valid for the duration of the election officer's term of office and shall be filed with election records for the election in which the election officer is serving.
(c)  The secretary of state may prescribe a form of oath, statement, or certificate that incorporates any oaths or statements required by the Texas Constitution or this code for an election officer into a single oath or statement.
Added by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.017. Ineligibility No Defense to Prosecution

Sec. 1.017.  INELIGIBILITY NO DEFENSE TO PROSECUTION.  It is no defense to prosecution under this code that a person who receives an official ballot is ineligible to vote in the election for which the ballot is received.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.018. Applicability of Penal Code

Sec. 1.018.  APPLICABILITY OF PENAL CODE.  In addition to Section 1.03, Penal Code, and to other titles of the Penal Code that may apply to this code, Titles 2 and 4, Penal Code, apply to offenses prescribed by this code.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 1.07, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.019. Required Evidence or Testimony

Sec. 1.019.  REQUIRED EVIDENCE OR TESTIMONY.  (a)  A party to an offense under this code may be required to furnish evidence or testimony about the offense.
(b)  Evidence or testimony required to be furnished under this section, or information directly or indirectly derived from that evidence or testimony, may not be used against the party providing the evidence or testimony in a criminal case except for a prosecution of aggravated perjury or contempt.
Added by Acts 2003, 78th Leg., ch. 393, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.020. Voting Disability or Candidacy Disqualification: Determination of Mental Incapacity

Sec. 1.020.  VOTING DISABILITY OR CANDIDACY DISQUALIFICATION:  DETERMINATION OF MENTAL INCAPACITY.  (a)  A person determined to be totally mentally incapacitated by a court exercising probate jurisdiction is not subject to a voting disability or candidacy disqualification under this code if, subsequent to that determination, the person's mental capacity has been completely restored by a final judgment of a court exercising probate jurisdiction.
(b)  A person determined to be partially mentally incapacitated without the right to vote by a court exercising probate jurisdiction is not subject to a voting disability or candidacy disqualification under this code if, subsequent to that determination, the person's guardianship has been modified to include the right to vote or the person's mental capacity has been completely restored by a final judgment of a court exercising probate jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 614 (H.B. 417), Sec. 21, eff. September 1, 2007.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.021. Notice of Polling Place Location

Sec. 1.021.  NOTICE OF POLLING PLACE LOCATION.  When this code requires notice of a polling place location, the written notice must state the building name, if any, and the street address, including the suite or room number, if any, of the polling place.
Added by Acts 2019, 86th Leg., R.S., Ch. 42 (H.B. 1241), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.022. Reasonable Accommodation or Modification

Sec. 1.022.  REASONABLE ACCOMMODATION OR MODIFICATION.  A provision of this code may not be interpreted to prohibit or limit the right of a qualified individual with a disability from requesting a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 1.08, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter A. Election by Plurality › Section 2.001. Plurality Vote Required

Sec. 2.001.  PLURALITY VOTE REQUIRED.  Except as otherwise provided by law, to be elected to a public office, a candidate must receive more votes than any other candidate for the office.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.021. Runoff Election Required

Sec. 2.021.  RUNOFF ELECTION REQUIRED.  If no candidate for a particular office receives the vote necessary to be elected in an election requiring a majority vote, a runoff election for that office is required.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.022. Conflicts With Other Law

Sec. 2.022.  CONFLICTS WITH OTHER LAW.  (a)  Except as provided by Subsection (b), a law outside this subchapter supersedes this subchapter to the extent of any conflict.
(b)  Sections 2.023, 2.025, and 2.028 supersede a law outside this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 652, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.023. Runoff Candidates

Sec. 2.023.  RUNOFF CANDIDATES.  (a)  Except as provided by Subsections (b) and (c), the candidates in a runoff election are the candidates who receive the highest and second highest number of votes in the main election or who tie for the highest number of votes.
(b)  If more than two candidates tie for the highest number of votes in the main election, an automatic recount shall be conducted in accordance with Chapter 216.  If the recount does not resolve the tie, the tied candidates shall cast lots to determine which two are to be the runoff candidates.
(c)  If two or more candidates tie for the second highest number of votes in the main election, an automatic recount shall be conducted in accordance with Chapter 216.  If the recount does not resolve the tie, the tied candidates shall cast lots to determine which one is to be the second candidate in the runoff election.
(d)  The presiding officer of the final canvassing authority for the election shall supervise the casting of lots under this section.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 2003, 78th Leg., ch. 652, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.024. Ordering Runoff

Sec. 2.024.  ORDERING RUNOFF.  Not later than the fifth day after the date the final canvass of the main election is completed, the authority responsible for ordering the main election shall order the runoff election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.025. Runoff Election Day

Sec. 2.025.  RUNOFF ELECTION DAY.  (a)  Except as provided by Subsection (d) or as otherwise provided by this code, a runoff election shall be held on a Saturday designated by the secretary of state.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 799 (H.B. 357), Sec. 3, eff. September 1, 2023.
(c)  This section supersedes a law outside this subchapter to the extent of a conflict notwithstanding Section 2.022.
(d)  A runoff election for a special election to fill a vacancy in Congress or a special election to fill a vacancy in the legislature, except an election ordered as an emergency election under Section 41.0011 or an election held as an expedited election under Section 203.013, shall be held not earlier than the 70th day or later than the 77th day after the date the final canvass of the main election is completed.
(e)  A date designated by the secretary of state under this section for a runoff election:
(1)  must be:
(A)  not earlier than the 30th day after the date of the main election; and
(B)  not later than the 45th day after the date of the main election; and
(2)  may not:
(A)  be a national or state holiday under Section 1.006(f); or
(B)  have an early voting period that includes a national or state holiday under Section 1.006(f).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 60, Sec. 2, eff. Oct. 20, 1987;  Acts 1991, 72nd Leg., ch. 389, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 728, Sec. 2, eff. Sept. 1, 1993;  Acts 2003, 78th Leg., ch. 1316, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1318 (S.B. 100), Sec. 2, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 4, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 799 (H.B. 357), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 799 (H.B. 357), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.026. Notice of Runoff

Sec. 2.026.  NOTICE OF RUNOFF.  Notice of a runoff election shall be given in accordance with Chapter 4 except that a notice under Section 4.003(a)(2) or (b) must be posted not later than the 15th day before election day.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.027. Certification of Runoff Candidates

Sec. 2.027.  CERTIFICATION OF RUNOFF CANDIDATES.  The presiding officer of the final canvassing authority shall certify in writing for placement on a runoff election ballot the names of the runoff candidates and shall deliver the certification to the authority responsible for having the official ballot prepared.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter B. Runoff Election › Section 2.028. Tie Vote in Runoff

Sec. 2.028.  TIE VOTE IN RUNOFF.  (a)  Except as provided by Subsection (c), if the candidates in a runoff election tie, an automatic recount shall be conducted in accordance with Chapter 216.  If the recount does not resolve the tie, the tied candidates shall cast lots to determine the winner.
(b)  The presiding officer of the final canvassing authority shall supervise the casting of lots under this section.
(c)  A tying candidate may resolve the tie by filing with the presiding officer of the final canvassing authority a written statement of withdrawal signed and sworn to by the candidate.  If the statement of withdrawal is received before the automatic recount is conducted, the remaining candidate is the winner, and the automatic recount is not conducted. If the statement of withdrawal is received not later than 5 p.m. the day after the date the automatic recount is conducted, the remaining candidate is the winner, and a casting of lots is not held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 652, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 1 - Introductory Provisions › Chapter 2 - Vote Required for Election to Office › Subchapter C. Election of Unopposed Candidate › Section 2.051. Applicability of Subchapter

Sec. 2.051.  APPLICABILITY OF SUBCHAPTER.  (a)  Except as provided by Section 2.055, this subchapter applies only to an election for officers of a political subdivision other than a county in which write-in votes may be counted only for names appearing on a list of write-in candidates and in which each candidate for an office that is to appear on the ballot is unopposed, except as provided by Subsection (b).  For purposes of this section, a special election of a political subdivision is considered to be a separate election with a separate ballot from:
(1)  a general election for officers of the political subdivision held at the same time as the special election; or
(2)  another special election of the political subdivision held at the same time as the special election.
(b)  In the case of an election in which any members of the political subdivision's governing body are elected from territorial units such as single-member districts, this subchapter applies to the election in a particular territorial unit if each candidate for an office that is to appear on the ballot in that territorial unit is unopposed and no opposed at-large race is to appear on the ballot.  This subchapter applies to an unopposed at-large race in such an election regardless of whether an opposed race is to appear on the ballot in a particular territorial unit.
Added by Acts 1995, 74th Leg., ch. 667, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 17, Sec. 1, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 1061, Sec. 1;  Acts 2003, 78th Leg., ch. 1316, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.01, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1235 (S.B. 1970), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 6, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 349 (S.B. 1089), Sec. 1, eff. September 1, 2023.