1-1     By:  Greenberg, et al. (Senate Sponsor - Nelson)        H.B. No. 32

 1-2           (In the Senate - Received from the House April 23, 1997;

 1-3     April 24, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 9, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 7, Nays 4; May 9, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                               By:  Nelson

 1-7           Amend H.B. No. 32 as follows:

 1-8           (1)  In SECTION 3 of the bill:

 1-9                 (A)  in amended Section 41.007(a), Election Code (house

1-10     engrossment, page 1, line 56), strike "second Saturday" and

1-11     substitute "first Saturday";

1-12                 (B)  in amended Section 41.007(b), Election Code (house

1-13     engrossment, page 1, line 58), strike "second Saturday" and

1-14     substitute "first Saturday"; and

1-15                 (C)  in amended Section 41.007(c), Election Code (house

1-16     engrossment, page 1, line 61 and page 2, line 1), strike "second

1-17     Saturday" and substitute "first Saturday".

1-18           (2)  In SECTION 5 of the bill, in amended Section 172.023(a),

1-19     Election Code (house engrossment, page 2, lines 17 and 18), strike

1-20     "last Monday" and substitute "second Monday".

1-21           (3)  In SECTION 13 of the bill, in amended Section

1-22     174.063(a), Election Code (house engrossment, page 3, line 10),

1-23     strike "first" and substitute "second".

1-24           (4)  In SECTION 23 of the bill (house engrossment, page 4,

1-25     line 32),  strike  "second Saturday"  and  substitute  "first

1-26     Saturday".

1-27     COMMITTEE AMENDMENT NO. 2                               By:  Nelson

1-28           Amend H.B. No. 32 by striking SECTION 5 of the bill (page 2,

1-29     lines 14-19, House engrossment) and renumbering the remaining

1-30     sections as appropriate.

1-31                            A BILL TO BE ENTITLED

1-32                                   AN ACT

1-33     relating to primary election dates and procedures and related

1-34     dates, deadlines, and procedures.

1-35           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-36           SECTION 1.  Section 41.001(a), Election Code, is amended to

1-37     read as follows:

1-38           (a)  Except as otherwise provided by this subchapter, each

1-39     general or special election in this state shall be held on one of

1-40     the following dates:

1-41                 (1)  the third Saturday in January;

1-42                 (2)  the fourth Saturday in March [first Saturday in

1-43     May];

1-44                 (3)  the second Saturday in August; or

1-45                 (4)  the first Tuesday after the first Monday in

1-46     November.

1-47           SECTION 2.  Section 41.0052(a), Election Code, is amended to

1-48     read as follows:

1-49           (a)  The governing body of a political subdivision other than

1-50     a county may, not later than December 31, 1997 [1993], change the

1-51     date on which it holds its general election for officers to another

1-52     authorized uniform election date.  An election on the new date may

1-53     not be held before 1998 [1994].

1-54           SECTION 3.  Sections 41.007(a), (b), and (c), Election Code,

1-55     are amended to read as follows:

1-56           (a)  The general primary election date is the second Saturday

1-57     in May [second Tuesday in March] in each even-numbered year.

1-58           (b)  The runoff primary election date is the second Saturday

1-59     in June [second Tuesday in April] following the general primary

1-60     election.

1-61           (c)  The presidential primary election date is the second

1-62     Saturday in May [second Tuesday in March] in each presidential

1-63     election year.

1-64           SECTION 4.  Section 43.033(a), Election Code, is amended to

 2-1     read as follows:

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

 2-3     or other expenses incurred before or after regular business hours,

 2-4     may be made for the use of a public building for a polling place if

 2-5     the day of the election is a day on which the building is normally

 2-6     open for business.  If the day of the election is a day on which

 2-7     the building is not normally open for business, a reasonable charge

 2-8     may be made only for reimbursement for the actual expenses

 2-9     resulting from use of the building in the election and a rental

2-10     charge may not be made for the use of the building.

2-11           SECTION 5.  Section 172.023(a), Election Code, is amended to

2-12     read as follows:

2-13           (a)  An application for a place on the general primary

2-14     election ballot must be filed not later than 6 p.m. on the last

2-15     Monday in February [January 2] in the primary election year unless

2-16     the filing deadline is extended under Subchapter C.

2-17           SECTION 6.  Section 172.052(a), Election Code, is amended to

2-18     read as follows:

2-19           (a)  A candidate for nomination may not withdraw from the

2-20     general primary election after the 64th [62nd] day before general

2-21     primary election day.

2-22           SECTION 7.  Section 172.054(a), Election Code, is amended to

2-23     read as follows:

2-24           (a)  The deadline for filing an application for a place on

2-25     the general primary election ballot is extended as provided by this

2-26     section if a candidate who has made an application that complies

2-27     with the applicable requirements:

2-28                 (1)  dies on or after the fifth day before the date of

2-29     the regular filing deadline and on or before the 64th [62nd] day

2-30     before general primary election day;

2-31                 (2)  holds the office for which the [his] application

2-32     was made and withdraws or is declared ineligible on or after the

2-33     date of the regular filing deadline and on or before the 64th

2-34     [62nd] day before general primary election day; or

2-35                 (3)  withdraws or is declared ineligible during the

2-36     period prescribed by Subdivision (2), and at the time of the

2-37     withdrawal or declaration of ineligibility no other candidate has

2-38     made an application that complies with the applicable requirements

2-39     for the office sought by the withdrawn or ineligible candidate.

2-40           SECTION 8.  Section 172.055, Election Code, is amended by

2-41     adding Subsection (e) to read as follows:

2-42           (e)  Section 1.006 does not apply to this section.

2-43           SECTION 9.  Section 172.057, Election Code, is amended to

2-44     read as follows:

2-45           Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S

2-46     NAME OMITTED FROM GENERAL PRIMARY BALLOT.  A candidate's name shall

2-47     be omitted from the general primary election ballot if the

2-48     candidate withdraws, dies, or is declared ineligible on or before

2-49     the 64th [62nd] day before general primary election day.

2-50           SECTION 10.  Section 172.058(a), Election Code, is amended to

2-51     read as follows:

2-52           (a)  If a candidate who has made an application for a place

2-53     on the general primary election ballot that complies with the

2-54     applicable requirements dies or is declared ineligible after the

2-55     64th [62nd] day before general primary election day, the

2-56     candidate's name shall be placed on the ballot and the votes cast

2-57     for the candidate shall be counted and entered on the official

2-58     election returns in the same manner as for the other candidates.

2-59           SECTION 11.  Section 172.116(b), Election Code, is amended to

2-60     read as follows:

2-61           (b)  The committee shall convene to conduct the local canvass

2-62     at the county seat not earlier than 6 p.m. on the first Monday

2-63     [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after

2-64     election day at the hour specified by the county chair [chairman].

2-65           SECTION 12.  Section 172.120(b), Election Code, is amended to

2-66     read as follows:

2-67           (b)  The state executive committee shall convene to conduct

2-68     the state canvass for the general primary election on the second

2-69     Monday [Wednesday] after general primary election day.  Not later

 3-1     than the second Saturday after runoff primary election day, the

 3-2     committee shall convene at the call of the state chair [chairman]

 3-3     to conduct the state canvass of the runoff primary election.

 3-4           SECTION 13.  Section 174.063(a), Election Code, is amended to

 3-5     read as follows:

 3-6           (a)  The county and senatorial district conventions shall be

 3-7     held on the first [third] Saturday after general primary election

 3-8     day.  [However, if that date occurs during Passover or on the day

 3-9     following Good Friday, the conventions shall be held on the next

3-10     Saturday that does not occur during Passover or on the day

3-11     following Good Friday.]

3-12           SECTION 14.  Section 181.0041, Election Code, is amended to

3-13     read as follows:

3-14           Sec. 181.0041.  REGISTRATION OF PARTY REQUIRED.  A political

3-15     party that intends to make nominations under this chapter for the

3-16     general election for state and county officers must register with

3-17     the secretary of state, in the manner prescribed by the secretary,

3-18     not later than the regular filing deadline for candidates in the

3-19     general primary election [January 2 of the election year].

3-20           SECTION 15.  Section 181.033(a), Election Code, is amended to

3-21     read as follows:

3-22           (a)  Except as provided by Subsection (b), an application for

3-23     nomination by a convention must be filed not later than the regular

3-24     filing deadline for candidates in the general primary election  [5

3-25     p.m. on January 2 preceding the convention].

3-26           SECTION 16.  Sections 181.061(b) and (c), Election Code, are

3-27     amended to read as follows:

3-28           (b)  A party nominating by convention must make its

3-29     nominations for offices of districts situated in more than one

3-30     county at district conventions held on the second Saturday after

3-31     general primary election day [the  second Tuesday in March].  A

3-32     district convention consists of delegates selected at the county

3-33     conventions held under Subsection (c).

3-34           (c)  A party nominating by convention must make its

3-35     nominations for county and precinct offices and for offices of

3-36     districts not situated in more than one county at county

3-37     conventions held on the first Saturday after general primary

3-38     election day [the second Tuesday in March].  A county convention

3-39     consists of delegates selected at precinct conventions held on

3-40     general primary election day [the second Tuesday in March] in the

3-41     regular county election precincts.

3-42           SECTION 17.  Section 182.005, Election Code, is amended to

3-43     read as follows:

3-44           Sec. 182.005.  NOMINATIONS MADE BY COUNTY CONVENTION.  A

3-45     political party must make its nominations under this chapter at a

3-46     county convention held on the first Saturday after general primary

3-47     election day [the second Tuesday in March of the election year].

3-48     The convention consists of delegates selected at precinct

3-49     conventions held on general primary election day [the second

3-50     Tuesday in March] in the regular county  election precincts.

3-51           SECTION 18.  Section 192.032(c), Election Code, is amended to

3-52     read as follows:

3-53           (c)  The application must be filed with the secretary of

3-54     state not later than the second Monday in July [May] of the

3-55     presidential election year.

3-56           SECTION 19.  Section 202.004(a), Election Code, is amended to

3-57     read as follows:

3-58           (a)  A political party's nominee for an unexpired term must

3-59     be nominated by primary election if:

3-60                 (1)  the political party is making nominations by

3-61     primary election for the general election in which the vacancy is

3-62     to be filled; and

3-63                 (2)  the vacancy occurs on or before the 64th [62nd]

3-64     day before general primary election day.

3-65           SECTION 20.  Section 202.006(a), Election Code, is amended to

3-66     read as follows:

3-67           (a)  A political party's state, district, county, or precinct

3-68     executive committee, as appropriate for the particular office, may

3-69     nominate a candidate for the unexpired term if:

 4-1                 (1)  in the case of a party holding a primary election,

 4-2     the vacancy occurs after the 64th [62nd] day before general primary

 4-3     election day; or

 4-4                 (2)  in the case of a party nominating by convention,

 4-5     the vacancy occurs after the fourth day before the date the

 4-6     convention having the power to make a nomination for the office

 4-7     convenes.

 4-8           SECTION 21.  Section 204.003, Election Code, is amended to

 4-9     read as follows:

4-10           Sec. 204.003.  VACANCY FILLED AT GENERAL ELECTION.  If a

4-11     vacancy occurs on or after January 1 of an even-numbered year and

4-12     on or before the 64th [62nd] day before general primary election

4-13     day, the remainder of the unexpired term shall be filled at the

4-14     next general election for state and county officers.

4-15           SECTION 22.  Section 204.005, Election Code, is amended to

4-16     read as follows:

4-17           Sec. 204.005.  VACANCY FILLED AT SPECIAL ELECTION.  If a

4-18     vacancy occurs during an odd-numbered year or after the 64th [62nd]

4-19     day before general primary election day in an even-numbered year,

4-20     the remainder of the unexpired term shall be filled by a special

4-21     election in the same manner as provided by Chapter 203 for the

4-22     legislature, except that:

4-23                 (1)  the minimum number of signatures that must appear

4-24     on a petition accompanying a candidate's application for a place on

4-25     the ballot is 5,000; and

4-26                 (2)  Section 203.013 does not apply.

4-27           SECTION 23.  The term of a person who is serving as a county

4-28     or precinct chairman of a political party on the effective date of

4-29     this Act ends on the 20th day after the second Saturday in June

4-30     1998.

4-31           SECTION 24.  This Act takes effect September 1, 1997.

4-32           SECTION 25.  The importance of this legislation and the

4-33     crowded condition of the calendars in both houses create an

4-34     emergency and an imperative public necessity that the

4-35     constitutional rule requiring bills to be read on three several

4-36     days in each house be suspended, and this rule is hereby suspended.

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