Texas Codes

Tex. Elec. Code § 233.006 (2026)

Filing Period For Petition

✓ laws through the 89th Legislature (2025)
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Sec. 233.006. FILING PERIOD FOR PETITION. (a) The contestant may not file the petition in the contest earlier than the day after election day.

(b) Except as provided by Section 30.023, Civil Practice and Remedies Code, the contestant must file the petition not later than the later of the 30th 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 must deliver a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1997, 75th Leg., ch. 1349, Sec. 70, eff. Sept. 1, 1997.

Amended by:

Acts 2019, 86th Leg., R.S., Ch. 1215 (S.B. 902), Sec. 5, eff. September 1, 2019.

Acts 2025, 89th Leg., 2nd C.S., Ch. 7 (H.B. 16), Sec. 9.11, eff. December 4, 2025.

Notes of Decisions
Cited in 12 cases (6 in the last 5 years), 1999–2025 · leading case: City of Houston v. Bryant, 516 S.W.3d 47 (Tex. App.—Houston [1st Dist.] 2017).
City of Houston v. Bryant, 516 S.W.3d 47 (Tex. App.—Houston [1st Dist.] 2017). · cites it 2× “See Tex. Elec. Code Ann. § 233.006 (a)-(b) (West 2010) (providing that contest of ballot measure must be filed no earlier than day after election day and no later than thirty days after date that official result of contested election is determined).”
Nichols v. Seei, 97 S.W.3d 882 (Tex. App.—Dallas 2003). · cites it 2× “Tex. Elec.Code Ann. § 233.006 (Vernon Supp.”
In re Link, 45 S.W.3d 149 (Tex. App.—Tyler 2000). “See Tex. Elec.Code Ann. § 233.006(a) (Vernon Supp.”
Erik Leonard v. Billy Burge, 74 S.W.3d 135 (Tex. App.—Beaumont 2002). “Tex. Elec.Code Ann. § 233.006 (Vernon Supp.”
City of Sherman v. Hudman, 996 S.W.2d 904 (Tex. App.—Dallas 1999). “See Tex.Elec.Code Ann. § 233.006(a),(b) (Vernon 1986).”
Robert Edward Battaile v. Texas Elections Div., No. 15-25-00142-CV (Tex. App.—15th Dist. Oct. 31, 2025). · cites it 3× “32, 33 Tex. Elec. Code § 233.006(b) ............”
Bruce R. Hotze v. Sylvester Turner, 634 S.W.3d 508 (Tex. App.—Houston [14th Dist.] 2021). “Tex. Elec. Code Ann. § 233.006 (a)-(b); see also Hotze v.”
Bruce R. Hotze v. Sylvester Turner, 672 S.W.3d 380 (Tex. 2023). “As we held in an earlier case related to this one, a suit that challenges a city’s lack of enforcement of a duly adopted charter amendment is premature when brought immediately upon its passage.”
Michelle Pique v. Jane Nelson, No. 15-24-00049-CV (Tex. App.—15th Dist. Apr. 10, 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Jane Nelson v. Jarrett Woodward, No. 15-24-00074-CV (Tex. App.—15th Dist. Apr. 10, 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Hays Cnty. v. Leslie Carnes, No. 15-25-00121-CV (Tex. App.—15th Dist. Nov. 3, 2025). “4 TEX. ELEC. CODE § 233.003 ...............”
Margarito Monreal & Am. Home Assurance Co. v. Henrietta Hilderbrand Henrietta P.C. Hilderbrand Martial Trust I & II H & H Livestock, L.L.C., No. 04-01-00062-CV (Tex. App.—San Antonio Mar. 20, 2002). “See Tex. Elec. Code Ann. § 233.006 (b) (contestant must file petition not later than thirtieth day after official results of election determined).”
Tex. Elec. Code § 233.006(a): 2 cases
In re Link, 45 S.W.3d 149 (Tex. App.—Tyler 2000). “See Tex. Elec.Code Ann. § 233.006(a) (Vernon Supp.”
City of Sherman v. Hudman, 996 S.W.2d 904 (Tex. App.—Dallas 1999). “See Tex.Elec.Code Ann. § 233.006(a),(b) (Vernon 1986).”
Tex. Elec. Code § 233.006(b): 3 cases
Robert Edward Battaile v. Texas Elections Div., No. 15-25-00142-CV (Tex. App.—15th Dist. Oct. 31, 2025). “32, 33 Tex. Elec. Code § 233.006(b) ............”
Bruce R. Hotze v. Sylvester Turner, 672 S.W.3d 380 (Tex. 2023). “As we held in an earlier case related to this one, a suit that challenges a city’s lack of enforcement of a duly adopted charter amendment is premature when brought immediately upon its passage.”
Hays Cnty. v. Leslie Carnes, No. 15-25-00121-CV (Tex. App.—15th Dist. Nov. 3, 2025). “4 TEX. ELEC. CODE § 233.003 ...............”
Tex. Elec. Code § 233.006(c): 2 cases
Michelle Pique v. Jane Nelson, No. 15-24-00049-CV (Tex. App.—15th Dist. Apr. 10, 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
Jane Nelson v. Jarrett Woodward, No. 15-24-00074-CV (Tex. App.—15th Dist. Apr. 10, 2025). “Election Contest Pleadings Finally, the Secretary claims the Voters failed to plead valid claims because they failed to allege facts showing the outcome would have been different if their claims were valid.”
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