By Denny H.B. No. 45
75R379 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to primary election dates and procedures and related
1-3 dates.
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:
2-1 (a) The general primary election date is the second Saturday
2-2 in May [second Tuesday in March] in each even-numbered year.
2-3 (b) The runoff primary election date is the second Saturday
2-4 in June [second Tuesday in April] following the general primary
2-5 election.
2-6 (c) The presidential primary election date is the second
2-7 Saturday in May [second Tuesday in March] in each presidential
2-8 election year.
2-9 SECTION 4. Section 43.033, Election Code, is amended by
2-10 amending Subsection (c) and adding Subsection (d) to read as
2-11 follows:
2-12 (c) No charge may be made for the use of a public building
2-13 for a polling place for a primary election.
2-14 (d) [(c)] A person commits an offense if the person assesses
2-15 a charge for the use of a public building for a polling place in
2-16 violation of this section [Subsection (a)]. An offense under this
2-17 subsection is a Class C misdemeanor.
2-18 SECTION 5. Section 172.023(a), Election Code, is amended to
2-19 read as follows:
2-20 (a) An application for a place on the general primary
2-21 election ballot must be filed not later than 6 p.m. on the second
2-22 Monday in February [January 2] in the primary election year unless
2-23 the filing deadline is extended under Subchapter C.
2-24 SECTION 6. The term of a person who is serving as a county
2-25 or precinct chairman of a political party on the effective date of
2-26 this Act ends on the 20th day after the second Saturday in June
2-27 1998.
3-1 SECTION 7. This Act takes effect September 1, 1997.
3-2 SECTION 8. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.