MAD H.B. 2784 75(R)    BILL ANALYSIS


ELECTIONS
H.B. 2784
By: Denny
4-29-97
Committee Report (Unamended)



BACKGROUND 

 Section 145.036 of the Election Code outlines the process for filling a
vacancy in a nomination of a political party.  However, the process is not
explicitly clear.  Therefore, confusion can arise under certain
circumstances about what the specifics of the process for filling a
vacancy might be. 

PURPOSE

 The purpose of the legislation is to make current law explicitly clear
about what the process is for filling a vacancy in a nomination of a
political party.  The bill does not change the intent of the law, and the
bill does not change the process.  It simply clarifies current law. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

 SECTION 1.  Amends Section 145.036(a) and (b), Election Code, to clarify
the process of filling a vacancy in a nomination of a political party by
adding language that states that the filling of a vacancy under this
section is subject to party rule except as otherwise provided by this
code.  Language is also added that states that a  member of the committee
making the replacement nomination who is otherwise eligible to hold the
office in which the vacancy in nomination exists may be nominated under
this section. 

 SECTION 2.  Effective date of September 1, 1997.

 SECTION 3.  Emergency clause.