Texas Code § 233.003

CONTESTEE
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Sec. 233.003. CONTESTEE. (a) The contestee must be at least one of the following:
(1) the presiding officer of the final canvassing authority for the contested election;
(2) the presiding officer of the authority that ordered the contested election or the ordering authority, if ordered by an individual; or
(3) if the person specified by Subdivision (1) or (2) is incapacitated or cannot act for any other reason, another member of the specified authority.
(b) The secretary of state must be a contestee in a contest of an election on a proposed constitutional amendment or any other statewide measure submitted by the legislature.
(c) The costs of an election contest may not be assessed against a contestee specified by this section or against the governmental or political entity the contestee represents.
(d) A contestee specified by this section may not be required to give bond on appeal.

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