Section 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.Tex. Elec. Code § 233.003
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. 1/1/1986.