Vasut Residence Bill Waits Until After The 2026 Election

The text as introduced · 1,608 words

89R3259 MPF-F

By: Vasut
H.B. No. 922

A BILL TO BE ENTITLED

AN ACT

relating to residence for purposes of voting and other matters

affecting a candidate's eligibility.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1.015, Election Code, is amended by

adding Subsections (g) and (h) to read as follows:

(g) A person has not inhabited a place under Subsection (f)

unless the person has slept overnight, eaten, and kept personal

belongings at the place. For purposes of this section, personal

belongings include clothing, medicine, toiletries, furniture, or

other personal property used in connection with daily living.

(h) A person may not establish a residence at a property

during any period in which the person claims an active residence

homestead exemption for another property. For purposes of

determining when a residence homestead exemption is active under

this subsection, a residence homestead exemption for another

property is not active on or after the date the person:

(1) sold that property in a bona fide sale for value;

or

(2) filed an application for a residence homestead

exemption with an appraisal district for the property indicated as

the person's residence on the registration records.

SECTION 2. Section 141.031(a), Election Code, is amended to

read as follows:

(a) A candidate's application for a place on the ballot that

is required by this code must:

(1) be in writing;

(2) be signed and sworn to before a person authorized

to administer oaths in this state by the candidate and indicate the

date that the candidate swears to the application;

(3) be timely filed with the appropriate authority;

and

(4) include:

(A) the candidate's name;

(B) the candidate's occupation;

(C) the office sought, including any place number

or other distinguishing number;

(D) an indication of whether the office sought is

to be filled for a full or unexpired term if the office sought and

another office to be voted on have the same title but do not have

place numbers or other distinguishing numbers;

(E) a statement that the candidate is a United

States citizen;

(F) a statement that the candidate has not been

determined by a final judgment of a court exercising probate

jurisdiction to be:

(i) totally mentally incapacitated; or

(ii) partially mentally incapacitated

without the right to vote;

(G) an indication that the candidate has either

not been finally convicted of a felony or if so convicted has been

pardoned or otherwise released from the resulting disabilities;

(H) the candidate's date of birth;

(I) the candidate's residence address or, if the

residence has no address, the address at which the candidate

receives mail and a concise description of the location of the

candidate's residence;

(I-1) a statement that the candidate has

inhabited the residence described by Paragraph (I);

(I-2) the address of any residence at which the

candidate claims a residence homestead exemption;

(J) the candidate's length of continuous

residence in the state and in the territory from which the office

sought is elected as of the date the candidate swears to the

application;

(K) the statement: "I, __________, of __________

County, Texas, being a candidate for the office of __________,

swear that I will support and defend the constitution and laws of

the United States and of the State of Texas";

(L) a statement that the candidate is aware of

the nepotism law, Chapter 573, Government Code; and

(M) a public mailing address at which the

candidate receives correspondence relating to the candidate's

campaign, if available, and an electronic mail address at which the

candidate receives correspondence relating to the candidate's

campaign, if available.

SECTION 3. Section 145.003(a), Election Code, is amended to

read as follows:

(a) Except for a judicial action under Subchapter F, Chapter

273 [ in which a candidate's eligibility is in issue ], a candidate

may be declared ineligible only as provided by this section.

SECTION 4. Section 172.052(a), Election Code, is amended to

read as follows:

(a) A candidate for nomination may not withdraw from the

general primary election after the 50th day before [ first day after

the date of the regular filing deadline for ] the general primary

election.

SECTION 5. Section 172.057, Election Code, is amended to

read as follows:

Sec. 172.057. WITHDRAWN, DECEASED, OR INELIGIBLE

CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A

candidate's name shall be omitted from the general primary election

ballot if the candidate withdraws, dies, or is declared ineligible

on or before the 50th day before the general primary election [ first

day after the date of the regular filing deadline ].

SECTION 6. Section 172.058(a), Election Code, is amended to

read as follows:

(a) If a candidate who has made an application for a place on

the general primary election ballot that complies with the

applicable requirements dies or is declared ineligible after the

50th [ first ] day before [ after ] the general primary election [ date

of the regular filing deadline ], the candidate's name shall be

placed on the ballot and the votes cast for the candidate shall be

counted and entered on the official election returns in the same

manner as for the other candidates.

SECTION 7. Chapter 273, Election Code, is amended by adding

Subchapter F to read as follows:

SUBCHAPTER F. JUDICIAL DETERMINATION OF ELIGIBILITY

Sec. 273.101. APPLICABILITY OF SUBCHAPTER; EXCLUSIVE

REMEDY. (a) This subchapter applies to any action alleging the

ineligibility of a candidate for a public elective office in this

state.

(b) This subchapter prevails to the extent of any conflict

between this subchapter and any other law of this state.

(c) This subchapter provides the exclusive remedy for a

judicial determination of a candidate's eligibility under this

code.

Sec. 273.102. STANDING. Any registered voter of the

territory from which a candidate seeks to be elected may file an

action challenging the candidate's eligibility under this

subchapter.

Sec. 273.103. VENUE. Venue for an action under this

subchapter is in the county where the candidate whose eligibility

is being challenged claims a residence on the candidate's voter

registration records or application for a place on the ballot.

Sec. 273.104. TIME FOR FILING PETITION. A voter may file a

petition challenging the eligibility of a candidate under this

subchapter not later than the 30th day before the relevant election

day.

Sec. 273.105. CIVIL ACTION WAIVER. (a) Except as provided

by Subsection (b) and only in a year in which a primary election is

held, a voter waives their right to file a legal action challenging

the eligibility of a candidate in a general election if the voter

did not challenge the eligibility of the candidate prior to the

primary election in the same voting year.

(b) A voter does not waive their right to file a legal action

under Subsection (a) if the voter's action is exclusively based on

evidence the voter learned of after the primary election.

Sec. 273.106. RELIEF. A petitioner who brings an action

under this subchapter may obtain:

(1) declaratory, injunctive, or equitable relief

necessary to effectuate a court's determination that a candidate is

ineligible for the office sought; and

(2) court costs.

Sec. 273.107. DISCOVERY. (a) Discovery in an action under

this subchapter shall be limited to facts relating to the

candidate's eligibility.

(b) The court shall allow a party expedited discovery if:

(1) the petition is a sworn petition; or

(2) the court receives the petitioner's sworn motion

providing specific factual allegations of the candidate's

ineligibility and the petitioner asserts that discovery will reveal

evidence of ineligibility.

(c) The court may allow a party to conduct expedited

discovery for good cause, as determined by the court.

(d) An order granting expedited discovery under this

section must allow for the deposition of the candidate.

Sec. 273.108. PRIMARY ELECTION: RULING. In an action under

this subchapter challenging a candidate's eligibility to be a

candidate in a general primary election, the court shall hold an

evidentiary hearing on the petition and shall rule that the

candidate is eligible or is not eligible not later than:

(1) the 55th day before election day if the petition

was filed not later than the 70th day before election day; or

(2) election day if the petition was filed after the

70th day before election day.

Sec. 273.109. GENERAL ELECTION: RULING. In an action under

this subchapter challenging a candidate's eligibility to be a

candidate in a general election, the court shall hold an

evidentiary hearing on the petition and shall rule that the

candidate is eligible or is not eligible not later than:

(1) the 80th day before election day if the petition

was filed not later than the 100th day before election day; or

(2) election day if the petition was filed after the

100th day before election day.

Sec. 273.110. SPECIAL ELECTION: RULING. In an action under

this subchapter challenging a candidate's eligibility to be a

candidate in a special election, the court shall hold an

evidentiary hearing on the petition and shall rule that the

candidate is eligible or is not eligible not later than:

(1) the 30th day before election day if the petition

was filed not later than the 45th day before election day; or

(2) election day if the petition was filed after the

45th day before election day.

SECTION 8. The changes in law made by this Act apply only to

an election held on or after the effective date of this Act. An

election held before the effective date of this Act is governed by

the law in effect when the election was held, and that law is

continued in effect for that purpose.

SECTION 9. This Act takes effect December 1, 2026.