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HB 3040

AN ACT relating to eligibility requirements for public office for persons

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

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Fiscal Note

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What This Bill Does

Establishes comprehensive eligibility requirements for public office in Texas, requiring candidates to be U.S. citizens, at least 18 years old, and not mentally incapacitated or convicted of a felony without legal restoration of rights. Candidates must also have continuously resided in Texas for 12 months and in the specific electoral territory for six months, and be registered to vote in that territory at the time of filing or nomination. The requirements aim to ensure qualified and legally sound candidates for public elective offices across the state, with implementation set for September 1, 2025.

Subject Areas

Bill Text

relating to eligibility requirements for public office for persons
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 141.001(a), Election Code, is amended to
(a)  To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1)  be a United States citizen;
(2)  be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
(3)  have not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A)  totally mentally incapacitated; or
(B)  partially mentally incapacitated without the
(4)  have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities by a court of competent jurisdiction;
(5)  have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(A)  for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B)  for an independent candidate, the date of the
regular filing deadline for a candidate's application for a place
(C)  for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D)  for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
(E)  for an appointee to an office, the date the
(6)  on the date described by Subdivision (5), be
registered to vote in the territory from which the office is
(7)  satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 2.  This Act takes effect September 1, 2025.

Bill History

filed

Bill filed: AN ACT relating to eligibility requirements for public office for persons