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.
4-37 * * * * *