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.