By West                                         H.B. No. 1470

      75R2927 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 first Saturday in May; or

1-12                 (3)  [the second Saturday in August; or]

1-13                 [(4)]  the first Tuesday after the first Monday in

1-14     November.

1-15           SECTION 2.  Section 41.0052(a), Election Code, is amended to

1-16     read as follows:

1-17           (a)  The governing body of a political subdivision other than

1-18     a county may, not later than December 31, 1997 [1993], change the

1-19     date on which it holds its general election for officers to another

1-20     authorized uniform election date.  An election on the new date may

1-21     not be held before 1998 [1994].

1-22           SECTION 3.  Sections 41.007(a) and (b), Election Code, are

1-23     amended to read as follows:

1-24           (a)  The general primary election date is the second Saturday

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

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

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

 2-4     election.

 2-5           SECTION 4.  Section 172.023(a), Election Code, is amended to

 2-6     read as follows:

 2-7           (a)  An application for a place on the general primary

 2-8     election ballot must be filed not later than 6 p.m. on the third

 2-9     Monday in May [January 2] in the primary election year unless the

2-10     filing deadline is extended under Subchapter C.

2-11           SECTION 5.  Sections 191.004(a) and (c), Election Code, are

2-12     amended to read as follows:

2-13           (a)  [A single ballot shall be used for the presidential

2-14     primary election and general primary election.]  The secretary of

2-15     state shall prescribe the form of the presidential primary election

2-16     ballot[, which must accommodate the regular form for the general

2-17     primary election to the extent practicable].

2-18           (c)  A drawing to determine the order in which the

2-19     presidential candidates' names are printed on the ballot in the

2-20     county shall be conducted in accordance with procedures prescribed

2-21     by the secretary of state [conjunction with the regular drawing for

2-22     position on the general primary election ballot].  "Uncommitted"

2-23     shall be printed on the ballot following the candidates' names, if

2-24     applicable.

2-25           SECTION 6.  Section 191.005, Election Code, is amended to

2-26     read as follows:

2-27           Sec. 191.005.  Procedures for Conduct of Presidential Primary

 3-1     Generally.  (a)  [The presidential primary election shall be held

 3-2     in conjunction with the party's general primary election.]

 3-3           [(b)]  Except as otherwise provided by this subchapter, the

 3-4     presidential primary election shall be conducted and the results

 3-5     canvassed, tabulated, and reported in accordance with the

 3-6     procedures prescribed by this code in relation to the general

 3-7     primary election to the extent those procedures can be made

 3-8     applicable.

 3-9           (b) [(c)]  The secretary of state shall prescribe any

3-10     additional procedures necessary for the orderly and proper

3-11     administration of the presidential primary election.

3-12           SECTION 7.  The term of a person who is serving as a county

3-13     or precinct chairman of a political party on the effective date of

3-14     this Act ends on the 20th day after the second Saturday in August

3-15     1998.

3-16           SECTION 8.  The secretary of state by rule shall modify

3-17     applicable procedures, dates, and deadlines in the Election Code to

3-18     implement the changes in primary election dates made by this Act

3-19     and to ensure the orderly and proper administration of the general

3-20     election for state and county officers.

3-21           SECTION 9.  This Act takes effect September 1, 1997.

3-22           SECTION 10.  The importance of this legislation and the

3-23     crowded condition of the calendars in both houses create an

3-24     emergency and an imperative public necessity that the

3-25     constitutional rule requiring bills to be read on three several

3-26     days in each house be suspended, and this rule is hereby suspended.