By Greenberg, West, Denny, Gallego,                     H.B. No. 32

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to primary election dates and procedures and related

 1-3     dates, deadlines, and procedures.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 41.001(a), Election Code, is amended to

 1-6     read as follows:

 1-7           (a)  Except as otherwise provided by this subchapter, each

 1-8     general or special election in this state shall be held on one of

 1-9     the following dates:

1-10                 (1)  the third Saturday in January;

1-11                 (2)  the fourth Saturday in March [first Saturday in

1-12     May];

1-13                 (3)  the second Saturday in August; or

1-14                 (4)  the first Tuesday after the first Monday in

1-15     November.

1-16           SECTION 2.  Section 41.0052(a), Election Code, is amended to

1-17     read as follows:

1-18           (a)  The governing body of a political subdivision other than

1-19     a county may, not later than December 31, 1997 [1993], change the

1-20     date on which it holds its general election for officers to another

1-21     authorized uniform election date.  An election on the new date may

1-22     not be held before 1998 [1994].

1-23           SECTION 3.  Sections 41.007(a), (b), and (c), Election Code,

1-24     are amended to read as follows:

1-25           (a)  The general primary election date is the second Saturday

 2-1     in May [second Tuesday in March] in each even-numbered year.

 2-2           (b)  The runoff primary election date is the second Saturday

 2-3     in June [second Tuesday in April] following the general primary

 2-4     election.

 2-5           (c)  The presidential primary election date is the second

 2-6     Saturday in May [second Tuesday in March] in each presidential

 2-7     election year.

 2-8           SECTION 4.  Section 43.033(a), Election Code, is amended to

 2-9     read as follows:

2-10           (a)  No charge, including a charge for personnel, utilities,

2-11     or other expenses incurred before or after regular business hours,

2-12     may be made for the use of a public building for a polling place if

2-13     the day of the election is a day on which the building is normally

2-14     open for business.  If the day of the election is a day on which

2-15     the building is not normally open for business, a reasonable charge

2-16     may be made only for reimbursement for the actual expenses

2-17     resulting from use of the building in the election and a rental

2-18     charge may not be made for the use of the building.

2-19           SECTION 5.  Section 172.023(a), Election Code, is amended to

2-20     read as follows:

2-21           (a)  An application for a place on the general primary

2-22     election ballot must be filed not later than 6 p.m. on the last

2-23     Monday in February [January 2] in the primary election year unless

2-24     the filing deadline is extended under Subchapter C.

2-25           SECTION 6.  Section 172.052(a), Election Code, is amended to

2-26     read as follows:

2-27           (a)  A candidate for nomination may not withdraw from the

 3-1     general primary election after the 64th [62nd] day before general

 3-2     primary election day.

 3-3           SECTION 7.  Section 172.054(a), Election Code, is amended to

 3-4     read as follows:

 3-5           (a)  The deadline for filing an application for a place on

 3-6     the general primary election ballot is extended as provided by this

 3-7     section if a candidate who has made an application that complies

 3-8     with the applicable requirements:

 3-9                 (1)  dies on or after the fifth day before the date of

3-10     the regular filing deadline and on or before the 64th [62nd] day

3-11     before general primary election day;

3-12                 (2)  holds the office for which the [his] application

3-13     was made and withdraws or is declared ineligible on or after the

3-14     date of the regular filing deadline and on or before the 64th

3-15     [62nd] day before general primary election day; or

3-16                 (3)  withdraws or is declared ineligible during the

3-17     period prescribed by Subdivision (2), and at the time of the

3-18     withdrawal or declaration of ineligibility no other candidate has

3-19     made an application that complies with the applicable requirements

3-20     for the office sought by the withdrawn or ineligible candidate.

3-21           SECTION 8.  Section 172.055, Election Code, is amended by

3-22     adding Subsection (e) to read as follows:

3-23           (e)  Section 1.006 does not apply to this section.

3-24           SECTION 9.  Section 172.057, Election Code, is amended to

3-25     read as follows:

3-26           Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S

3-27     NAME OMITTED FROM GENERAL PRIMARY BALLOT.  A candidate's name shall

 4-1     be omitted from the general primary election ballot if the

 4-2     candidate withdraws, dies, or is declared ineligible on or before

 4-3     the 64th [62nd] day before general primary election day.

 4-4           SECTION 10.  Section 172.058(a), Election Code, is amended to

 4-5     read as follows:

 4-6           (a)  If a candidate who has made an application for a place

 4-7     on the general primary election ballot that complies with the

 4-8     applicable requirements dies or is declared ineligible after the

 4-9     64th [62nd] day before general primary election day, the

4-10     candidate's name shall be placed on the ballot and the votes cast

4-11     for the candidate shall be counted and entered on the official

4-12     election returns in the same manner as for the other candidates.

4-13           SECTION 11.  Section 172.116(b), Election Code, is amended to

4-14     read as follows:

4-15           (b)  The committee shall convene to conduct the local canvass

4-16     at the county seat not earlier than 6 p.m. on the first Monday

4-17     [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after

4-18     election day at the hour specified by the county chair [chairman].

4-19           SECTION 12.  Section 172.120(b), Election Code, is amended to

4-20     read as follows:

4-21           (b)  The state executive committee shall convene to conduct

4-22     the state canvass for the general primary election on the second

4-23     Monday [Wednesday] after general primary election day.  Not later

4-24     than the second Saturday after runoff primary election day, the

4-25     committee shall convene at the call of the state chair [chairman]

4-26     to conduct the state canvass of the runoff primary election.

4-27           SECTION 13.  Section 174.063(a), Election Code, is amended to

 5-1     read as follows:

 5-2           (a)  The county and senatorial district conventions shall be

 5-3     held on the first [third] Saturday after general primary election

 5-4     day.  [However, if that date occurs during Passover or on the day

 5-5     following Good Friday, the conventions shall be held on the next

 5-6     Saturday that does not occur during Passover or on the day

 5-7     following Good Friday.]

 5-8           SECTION 14.  Section 181.0041, Election Code, is amended to

 5-9     read as follows:

5-10           Sec. 181.0041.  REGISTRATION OF PARTY REQUIRED.  A political

5-11     party that intends to make nominations under this chapter for the

5-12     general election for state and county officers must register with

5-13     the secretary of state, in the manner prescribed by the secretary,

5-14     not later than the regular filing deadline for candidates in the

5-15     general primary election [January 2 of the election year].

5-16           SECTION 15.  Section 181.033(a), Election Code, is amended to

5-17     read as follows:

5-18           (a)  Except as provided by Subsection (b), an application for

5-19     nomination by a convention must be filed not later than the regular

5-20     filing deadline for candidates in the general primary election  [5

5-21     p.m. on January 2 preceding the convention].

5-22           SECTION 16.  Sections 181.061(b) and (c), Election Code, are

5-23     amended to read as follows:

5-24           (b)  A party nominating by convention must make its

5-25     nominations for offices of districts situated in more than one

5-26     county at district conventions held on the second Saturday after

5-27     general primary election day [the  second Tuesday in March].  A

 6-1     district convention consists of delegates selected at the county

 6-2     conventions held under Subsection (c).

 6-3           (c)  A party nominating by convention must make its

 6-4     nominations for county and precinct offices and for offices of

 6-5     districts not situated in more than one county at county

 6-6     conventions held on the first Saturday after general primary

 6-7     election day [the second Tuesday in March].  A county convention

 6-8     consists of delegates selected at precinct conventions held on

 6-9     general primary election day [the second Tuesday in March] in the

6-10     regular county election precincts.

6-11           SECTION 17.  Section 182.005, Election Code, is amended to

6-12     read as follows:

6-13           Sec. 182.005.  NOMINATIONS MADE BY COUNTY CONVENTION.  A

6-14     political party must make its nominations under this chapter at a

6-15     county convention held on the first Saturday after general primary

6-16     election day [the second Tuesday in March of the election year].

6-17     The convention consists of delegates selected at precinct

6-18     conventions held on general primary election day [the second

6-19     Tuesday in March] in the regular county  election precincts.

6-20           SECTION 18.  Section 192.032(c), Election Code, is amended to

6-21     read as follows:

6-22           (c)  The application must be filed with the secretary of

6-23     state not later than the second Monday in July [May] of the

6-24     presidential election year.

6-25           SECTION 19.  Section 202.004(a), Election Code, is amended to

6-26     read as follows:

6-27           (a)  A political party's nominee for an unexpired term must

 7-1     be nominated by primary election if:

 7-2                 (1)  the political party is making nominations by

 7-3     primary election for the general election in which the vacancy is

 7-4     to be filled; and

 7-5                 (2)  the vacancy occurs on or before the 64th [62nd]

 7-6     day before general primary election day.

 7-7           SECTION 20.  Section 202.006(a), Election Code, is amended to

 7-8     read as follows:

 7-9           (a)  A political party's state, district, county, or precinct

7-10     executive committee, as appropriate for the particular office, may

7-11     nominate a candidate for the unexpired term if:

7-12                 (1)  in the case of a party holding a primary election,

7-13     the vacancy occurs after the 64th [62nd] day before general primary

7-14     election day; or

7-15                 (2)  in the case of a party nominating by convention,

7-16     the vacancy occurs after the fourth day before the date the

7-17     convention having the power to make a nomination for the office

7-18     convenes.

7-19           SECTION 21.  Section 204.003, Election Code, is amended to

7-20     read as follows:

7-21           Sec. 204.003.  VACANCY FILLED AT GENERAL ELECTION.  If a

7-22     vacancy occurs on or after January 1 of an even-numbered year and

7-23     on or before the 64th [62nd] day before general primary election

7-24     day, the remainder of the unexpired term shall be filled at the

7-25     next general election for state and county officers.

7-26           SECTION 22.  Section 204.005, Election Code, is amended to

7-27     read as follows:

 8-1           Sec. 204.005.  VACANCY FILLED AT SPECIAL ELECTION.  If a

 8-2     vacancy occurs during an odd-numbered year or after the 64th [62nd]

 8-3     day before general primary election day in an even-numbered year,

 8-4     the remainder of the unexpired term shall be filled by a special

 8-5     election in the same manner as provided by Chapter 203 for the

 8-6     legislature, except that:

 8-7                 (1)  the minimum number of signatures that must appear

 8-8     on a petition accompanying a candidate's application for a place on

 8-9     the ballot is 5,000; and

8-10                 (2)  Section 203.013 does not apply.

8-11           SECTION 23.  The term of a person who is serving as a county

8-12     or precinct chairman of a political party on the effective date of

8-13     this Act ends on the 20th day after the second Saturday in June

8-14     1998.

8-15           SECTION 24.  This Act takes effect September 1, 1997.

8-16           SECTION 25.  The importance of this legislation and the

8-17     crowded condition of the calendars in both houses create an

8-18     emergency and an imperative public necessity that the

8-19     constitutional rule requiring bills to be read on three several

8-20     days in each house be suspended, and this rule is hereby suspended.