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R E S O L U T I O N
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on House |
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Bill 1987 (eligibility requirements to hold a political party |
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office and the election of certain state officers of certain |
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political parties at a primary election) to consider and take |
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action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in proposed SECTION 1 of the bill by |
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adding Section 161.005(d), Election Code, to read as follows: |
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(d) If an officer of a political party described by |
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Subsection (a-1) announces the officer's candidacy or becomes a |
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candidate for an elective office of the federal, state, or county |
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government, the announcement or candidacy constitutes an automatic |
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resignation from the office currently held by the officer. A |
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vacancy arising under this subsection must be filled in the same |
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manner as other vacancies for that office are filled. |
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Explanation: This change is necessary to clarify the |
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resignation requirements imposed by this bill. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following SECTIONS to |
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the bill: |
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SECTION 2. Chapter 171, Election Code, is amended by adding |
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Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. STATE EXECUTIVE COMMITTEE FOR CERTAIN POLITICAL |
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PARTIES NOMINATING BY PRIMARY ELECTION |
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Sec. 171.011. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies to a political party holding a primary election |
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in this state if the party's candidate for governor has received the |
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greatest number of votes in at least six of the ten most recent |
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gubernatorial elections. |
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(b) A provision of Subchapter A applies to a political party |
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described by Subsection (a) except as provided by Subsection (c). |
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(c) To the extent of any conflict, a provision of this |
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subchapter prevails over a provision in Subchapter A. |
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Sec. 171.012. ELECTION OF STATE PARTY OFFICERS AT GENERAL |
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PRIMARY ELECTION. (a) The chair of a political party to which this |
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subchapter applies is elected to a regular term at the general |
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primary election by the majority of qualified voters of the state |
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who vote in the primary for that office. |
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(b) Members representing the senatorial or congressional |
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districts are elected to a regular term at the general primary |
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election by the majority of qualified voters of the state who reside |
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in the district and who vote in the primary for that office. It is |
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not required that the two members from each district be of the |
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opposite sex. Section 171.002(d) does not apply to a member elected |
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to represent a senatorial or congressional district under this |
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subchapter. |
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(c) If no candidate receives a majority of the votes, a |
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runoff to determine the office is conducted in the same manner as a |
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runoff primary election to determine a nomination for public |
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office. The candidates to be in a runoff are determined in the same |
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manner as candidates in a runoff for a nomination. |
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(d) The chair and members representing the senatorial or |
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congressional districts each serve for a term of four years |
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beginning the 20th day after runoff primary election day at the |
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primary election held in gubernatorial election years. |
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Sec. 171.013. ELECTIONS NOT HELD. (a) If only one |
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candidate's name is to be placed on the ballot for an office under |
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this subchapter, the election for that office is not held, and the |
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unopposed candidate, if otherwise eligible, shall be declared |
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elected to the office at the time of the canvass. |
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(b) The state chair shall prepare a document that shall be |
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posted that states: "Pursuant to Section 171.013, Election Code, |
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(insert name of unopposed candidate), if otherwise eligible, shall |
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be declared elected to the office of (insert name of office) at the |
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time of the local canvass." |
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(c) The county chair or entity contracted to hold the |
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election shall distribute copies of the document to the presiding |
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judge of the election precinct with the other election supplies. An |
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election officer shall post the document in one or more locations in |
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the polling place where it can be read by persons waiting to vote. |
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Sec. 171.014. RESIDENCE REQUIREMENT; DISTRICT BOUNDARIES. |
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(a) To be eligible to be a candidate for or to serve on the state |
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executive committee as a member representing a senatorial or |
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congressional district, a person must reside in the district in |
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addition to satisfying the other applicable eligibility |
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requirements. |
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(b) If a change in a district boundary results in either |
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more than one member residing in the district subject to the |
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boundary change or no member residing in the district subject to the |
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boundary change, a vacancy in the office representing that |
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senatorial or congressional district is created and shall be filled |
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in accordance with Section 171.003. |
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(c) For the purpose of determining whether a member |
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representing a senatorial or congressional district is a resident |
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of a particular county election precinct, a change in a district |
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boundary is not effective until February 1 following the adoption |
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of the order making the change, except as provided by Subsection |
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(d). |
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(d) If a change in a district boundary made by an order |
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adopted on or after February 1 of a primary election year is |
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scheduled to become effective before general primary election day, |
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the change is effective on the date the order is adopted for the |
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purpose specified by Subsection (c). |
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Sec. 171.015. WRITE-IN CANDIDATES. Write-in candidates are |
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not permitted for an office described by this subchapter. |
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SECTION 3. Section 172.021(b), Election Code, is amended |
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to read as follows: |
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(b) An application must, in addition to complying with |
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Section 141.031, be accompanied by the appropriate filing fee or a |
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petition in lieu of the filing fee that satisfies the requirements |
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prescribed by Section 141.062. A political party may not require |
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payment of a fee as a condition to applying for a place on the ballot |
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as a candidate for a party office [county chair or precinct chair]. |
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SECTION 4. Section 172.061, Election Code, is amended to |
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read as follows: |
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Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for |
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Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter |
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applies to a candidate for a party office [county chair or precinct |
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chair]. |
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(b) If a runoff candidate for a party office [county chair |
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or precinct chair] withdraws, the remaining candidate is considered |
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to be elected and the runoff election for that office is not held. |
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SECTION 5. Section 172.089, Election Code, is amended to |
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read as follows: |
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Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. (a) For a |
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party to which Subchapter A-1, Chapter 171, does not apply, the |
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[The] party offices of county chair and precinct chair shall be |
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listed on the primary election ballot after the public offices with |
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the office of county chair listed first. |
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(b) For a party to which Subchapter A-1, Chapter 171, |
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applies, the party offices of state chair, state executive |
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committee member, county chair, and precinct chair shall be listed |
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in that order on the primary election ballot after the public |
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offices. |
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SECTION 6. The heading to Section 172.118, Election Code, |
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is amended to read as follows: |
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Sec. 172.118. NOTICE OF PERSONS ELECTED AS PRECINCT AND |
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COUNTY PARTY OFFICERS. |
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SECTION 7. Section 257.005(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by this section, the following are |
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subject to the requirements of this title that apply to a candidate |
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for public office: |
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(1) a candidate for state chair or state executive |
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committee member of a political party with a nominee on the ballot |
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in the most recent gubernatorial general election; and |
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(2) a candidate for election to the office of county |
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chair of a political party with a nominee on the ballot in the most |
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recent gubernatorial general election if the county has a |
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population of 350,000 or more. |
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SECTION 8. The term of a state chair or state executive |
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committee member of a political party to which Subchapter A-1, |
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Chapter 171, Election Code, as added by this Act, applies, serving |
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on the effective date of this Act ends on the 20th day after runoff |
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primary election day, 2022. |
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SECTION 9. Except as provided by Section 8 of this Act, this |
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Act applies only to a candidate for nomination or election to an |
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office the term of which begins on or after the effective date of |
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this Act. |
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Explanation: These changes are necessary to provide for the |
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election at a primary election of certain political party officers. |