1-1     By:  Ehrhardt, Madden, Denny                          H.B. No. 1603

 1-2          (Senate Sponsor - Shapiro)

 1-3           (In the Senate - Received from the House May 5, 1997;

 1-4     May 6, 1997, read first time and referred to Committee on

 1-5     Administration; May 15, 1997, reported favorably by the following

 1-6     vote:  Yeas 6, Nays 0; May 15, 1997, sent to printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to changing terminology involving gender in the Election

1-10     Code to gender-neutral terminology.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  Section 1.007(b), Election Code, is amended to

1-13     read as follows:

1-14           (b)  The authority to whom a delivery, submission, or filing

1-15     is required by this code to be made may accept the document or

1-16     paper at a place other than the authority's [his] usual place for

1-17     conducting official business.

1-18           SECTION 2.  Section 1.009(a), Election Code, is amended to

1-19     read as follows:

1-20           (a)  When this code provides that an application, notice, or

1-21     other document or paper that is delivered, submitted, or filed by

1-22     mail is considered to be delivered, submitted, or filed at the time

1-23     of its receipt by the appropriate authority, the time of receipt is

1-24     the time at which a post office employee:

1-25                 (1)  places it in the actual possession of the

1-26     authority or the authority's [his] agent; or

1-27                 (2)  deposits it in the authority's mailbox or at the

1-28     usual place of delivery for the authority's official mail.

1-29           SECTION 3.  Sections 1.011(b) and (d), Election Code, are

1-30     amended to read as follows:

1-31           (b)  The person who cannot sign must affix the person's [his]

1-32     mark to the document or paper, which the witness must attest.  If

1-33     the person cannot make the mark, the witness must state that fact

1-34     on the document or paper.

1-35           (d)  The witness must affix the witness's [his] own signature

1-36     to the document or paper and state the witness's [his] own name, in

1-37     printed form, near the signature.  The witness must also state the

1-38     witness's [his] residence address unless the witness [he] is an

1-39     election officer, in which case the witness [he] must state the

1-40     witness's [his] official title.

1-41           SECTION 4.  Sections 1.015(a), (c), and (d), Election Code,

1-42     are amended to read as follows:

1-43           (a)  In this code, "residence" means domicile, that is, one's

1-44     home and fixed place of habitation to which one [he] intends to

1-45     return after any temporary absence.

1-46           (c)  A person does not lose the person's [his] residence by

1-47     leaving the person's [his] home to go to another place for

1-48     temporary purposes only.

1-49           (d)  A person does not acquire a residence in a place to

1-50     which the person [he] has come for temporary purposes only and

1-51     without the intention of making that place the person's [his] home.

1-52           SECTION 5.  Section 11.005, Election Code, is amended to read

1-53     as follows:

1-54           Sec. 11.005.  Effect of Vote by Voter Registered in Wrong

1-55     Precinct.  If a voter who is erroneously registered in an election

1-56     precinct in which the voter [he] does not reside is permitted to

1-57     vote by an election officer who does not know of the erroneous

1-58     registration, the votes for the offices and measures on which the

1-59     voter would have been eligible to vote in the voter's [his]

1-60     precinct of residence are valid unless the voter intentionally gave

1-61     false information to procure the erroneous registration.

1-62           SECTION 6.  Section 13.006(a), Election Code, is amended to

1-63     read as follows:

1-64           (a)  A person commits an offense if the person purports to

 2-1     act as an agent in applying for registration or in signing a

 2-2     registration application at a time when the person:

 2-3                 (1)  is not an agent of the applicant under Section

 2-4     13.003(a); and

 2-5                 (2)  is not eligible for appointment under Section

 2-6     13.003(b) as the agent of the person for whom the person [he]

 2-7     purports to act.

 2-8           SECTION 7.  Section 13.038, Election Code, is amended to read

 2-9     as follows:

2-10           Sec. 13.038.  Powers Generally.  A volunteer deputy registrar

2-11     may distribute voter registration application forms throughout the

2-12     county and receive registration applications submitted to the

2-13     deputy [him] in person.

2-14           SECTION 8.  Sections 13.046(a) and (c), Election Code, are

2-15     amended to read as follows:

2-16           (a)  Each principal of a public or private high school or the

2-17     principal's [his] designee shall serve as a deputy registrar for

2-18     the county in which the school is located.

2-19           (c)  A high school deputy registrar may distribute

2-20     registration application forms to and receive registration

2-21     applications submitted to the deputy [him] in person from students

2-22     and employees of the school only.

2-23           SECTION 9.  Section 15.027(b), Election Code, is amended to

2-24     read as follows:

2-25           (b)  If the voter is not issued a corrected registration

2-26     certificate, the notice shall inform the voter of the new precinct

2-27     number and direct the voter to correct the precinct number on the

2-28     voter's [his] registration certificate and to retain the

2-29     certificate for continued use.

2-30           SECTION 10.  Section 16.062, Election Code, is amended to

2-31     read as follows:

2-32           Sec. 16.062.  Request for Hearing on Challenge.  A person

2-33     desiring to challenge the cancellation of the person's [his]

2-34     registration must file with the registrar a written, signed request

2-35     for a hearing on the challenge.

2-36           SECTION 11.  Section 18.007, Election Code, is amended to

2-37     read as follows:

2-38           Sec. 18.007.  Lists Furnished for Precinct Conventions.  In a

2-39     voting year in which a political party holds precinct conventions

2-40     in the county under Title 10, the registrar, on request of the

2-41     party's county chair [chairman], shall furnish to the chair

2-42     [chairman] for use in qualifying individuals for participation in

2-43     the conventions one of each of the original, supplemental, and

2-44     correction lists prescribed by this subchapter.

2-45           SECTION 12.  Section 18.009(a), Election Code, is amended to

2-46     read as follows:

2-47           (a)  A person commits an offense if the person uses

2-48     information in connection with advertising or promoting commercial

2-49     products or services that the person [he] knows was obtained under

2-50     Section 18.008.

2-51           SECTION 13.  Section 18.067(a), Election Code, is amended to

2-52     read as follows:

2-53           (a)  A person commits an offense if the person uses

2-54     information in connection with advertising or promoting commercial

2-55     products or services that the person [he] knows was obtained under

2-56     Section 18.066.

2-57           SECTION 14.  Section 31.001(b), Election Code, is amended to

2-58     read as follows:

2-59           (b)  The secretary shall establish in the secretary's [his]

2-60     office an elections division with an adequate staff to enable the

2-61     secretary [him] to perform the secretary's [his] duties as chief

2-62     election officer.  The secretary may assign to the elections

2-63     division staff any function relating to the administration of

2-64     elections that is under the secretary's [his] jurisdiction.

2-65           SECTION 15.  Section 31.032(a), Election Code, is amended to

2-66     read as follows:

2-67           (a)  The position of county elections administrator is filled

2-68     by appointment of the county election commission, which consists

2-69     of:

 3-1                 (1)  the county judge, as chair [chairman];

 3-2                 (2)  the county clerk, as vice chair [vice-chairman];

 3-3                 (3)  the county tax assessor-collector, as secretary;

 3-4     and

 3-5                 (4)  the county chair [chairman] of each political

 3-6     party that made nominations by primary election for the last

 3-7     general election for state and county officers preceding the date

 3-8     of the meeting at which the appointment is made.

 3-9           SECTION 16.  Section 31.033(a), Election Code, is amended to

3-10     read as follows:

3-11           (a)  The county election commission shall meet at the call of

3-12     the chair [chairman].  However, the vice chair [vice-chairman] or

3-13     any three members of the commission may call a meeting if the

3-14     calling authority considers a meeting to be necessary or desirable

3-15     and the chair [chairman] fails to call the meeting after being

3-16     requested to do so.

3-17           SECTION 17.  Section 31.035(a), Election Code, is amended to

3-18     read as follows:

3-19           (a)  A county elections administrator may not be a candidate

3-20     for a public office or an office of a political party, hold a

3-21     public office, or hold an office of or position in a political

3-22     party.  At the time an administrator becomes a candidate or accepts

3-23     an office or position in violation of this subsection, the

3-24     administrator [he] vacates the position of administrator.

3-25           SECTION 18.  Section 31.044(a), Election Code, is amended to

3-26     read as follows:

3-27           (a)  With respect to meetings of the commissioners court,

3-28     including meetings at which the only business conducted pertains to

3-29     elections, the county clerk shall perform the clerk's [his]

3-30     regularly prescribed duties in giving notice of and preparing the

3-31     agenda for the meetings, attending the meetings and making a record

3-32     of the proceedings, preparing and maintaining the minutes of the

3-33     court, and filing and preserving copies of the court's orders,

3-34     except as provided by Subsection (b).  The county elections

3-35     administrator shall cooperate with the county clerk in supplying

3-36     information on election matters that are to be brought before the

3-37     court and shall attend or be represented at the meetings of the

3-38     court at which election matters are considered.  The county clerk

3-39     shall furnish the administrator with a copy of each order of the

3-40     court that pertains to or affects an election, and the

3-41     administrator shall maintain the copies on file.

3-42           SECTION 19.  Section 31.049, Election Code, is amended to

3-43     read as follows:

3-44           Sec. 31.049.  Criminal Penalties.  A statute prescribing a

3-45     criminal penalty against the county clerk or the clerk's deputies

3-46     or other employees for conduct relating to duties or functions

3-47     transferred to the county elections administrator applies to the

3-48     administrator or to the administrator's [his] deputies or employees

3-49     as appropriate.

3-50           SECTION 20.  Section 31.097(c), Election Code, is amended to

3-51     read as follows:

3-52           (c)  A permanent deputy of the county election officer is not

3-53     subject to the eligibility requirements of this subsection.  For a

3-54     temporary deputy of the officer to be eligible for appointment as a

3-55     deputy early voting clerk, the deputy must have the qualifications

3-56     for appointment as a presiding election judge except that:

3-57                 (1)  an appointee is not required to be a qualified

3-58     voter of any particular territory other than the county served by

3-59     the county election officer or the political subdivision in which

3-60     the election is held; and

3-61                 (2)  if an employee of the contracting political

3-62     subdivision is appointed, the appointee's status as an employee

3-63     does not disqualify the appointee [him] from serving in an election

3-64     in which an officer of the political subdivision is a candidate.

3-65           SECTION 21.  Sections 31.123(a), (c), and (f), Election Code,

3-66     are amended to read as follows:

3-67           (a)  If the secretary of the governing body of a political

3-68     subdivision other than a county or city or the authority performing

3-69     the duties of a secretary under this code does not maintain an

 4-1     office during the hours and days required by Section 31.122, the

 4-2     secretary or other authority shall appoint another officer or

 4-3     employee of the political subdivision as the secretary's or

 4-4     authority's [his] agent to perform the duties provided by this

 4-5     section.  The appointment is subject to the approval of the

 4-6     political subdivision's governing body.

 4-7           (c)  The agent shall maintain in the agent's [his] office the

 4-8     documents, records, and other papers relating to the election that:

 4-9                 (1)  by law are placed in the custody of the authority

4-10     appointing the agent; and

4-11                 (2)  are public information.

4-12           (f)  The appointing authority shall post, on the bulletin

4-13     board used for posting notice of meetings of the political

4-14     subdivision's governing body, a notice containing the agent's name,

4-15     the location of the agent's [his] office, the agent's [his] office

4-16     hours, and duration of the agent's [his] appointment.  The notice

4-17     shall remain continuously posted during the minimum period for

4-18     maintaining the agent's office.

4-19           SECTION 22.  Section 32.006, Election Code, is amended to

4-20     read as follows:

4-21           Sec. 32.006.  Judges for Primary Elections.  (a)  The county

4-22     chair [chairman] of a political party holding a primary election

4-23     shall appoint for each primary, with the approval of the county

4-24     executive committee, the judges for each precinct in which the

4-25     election will be held in the county.

4-26           (b)  If a vacancy in the positions of both the presiding

4-27     judge and the alternate judge arises after the appointments are

4-28     approved and the county executive committee is not scheduled to

4-29     meet before the election for which the appointments are made, the

4-30     county chair [chairman] may fill the vacancies without the approval

4-31     of the committee.

4-32           SECTION 23.  Section 32.010(a), Election Code, is amended to

4-33     read as follows:

4-34           (a)  If a presiding election judge has not been given a

4-35     current description of the boundary of the election precinct for

4-36     which the judge [he] is appointed, a description of the boundary

4-37     and a map of the precinct, if a map is available, shall accompany

4-38     the notice given under Section 32.009.

4-39           SECTION 24.  Sections 32.034(b) and (d), Election Code, are

4-40     amended to read as follows:

4-41           (b)  The county chair [chairman] of a political party whose

4-42     candidate for governor received the highest or second highest

4-43     number of votes in the county in the most recent gubernatorial

4-44     general election may, not later than the 25th day before a general

4-45     election or the 10th day before a special election to which

4-46     Subsection (a) applies, submit to a presiding judge a list

4-47     containing the names of at least two persons who are eligible for

4-48     appointment as a clerk.  If a timely list is submitted, the

4-49     presiding judge shall appoint at least one clerk from the list,

4-50     except as provided by Subsection (c).

4-51           (d)  The presiding judge shall make an appointment under this

4-52     section not later than the fifth day after the date the judge

4-53     receives the list and shall deliver written notification of the

4-54     appointment to the appropriate county chair [chairman].

4-55           SECTION 25.  Section 32.054(a), Election Code, is amended to

4-56     read as follows:

4-57           (a)  A person is ineligible to serve as an election judge or

4-58     clerk in an election if the person is employed by or related within

4-59     the second degree by consanguinity or affinity, as determined under

4-60     Chapter 573, Government Code, to an opposed candidate for a public

4-61     office or the party office of county chair [chairman] in the

4-62     election.  For purposes of this subsection, a candidate whose name

4-63     appears on the ballot is not considered to be opposed by a write-in

4-64     candidate other than a declared write-in candidate under Chapter

4-65     146.

4-66           SECTION 26.  Section 32.071, Election Code, is amended to

4-67     read as follows:

4-68           Sec. 32.071.  General Responsibility of Presiding Judge.  The

4-69     presiding judge is in charge of and responsible for the management

 5-1     and conduct of the election at the polling place of the election

 5-2     precinct that the judge [he] serves.

 5-3           SECTION 27.  Section 32.072(a), Election Code, is amended to

 5-4     read as follows:

 5-5           (a)  The presiding judge shall designate the working hours of

 5-6     and assign the duties to be performed by the election clerks

 5-7     serving under the judge [him].

 5-8           SECTION 28.  Section 32.073(b), Election Code, is amended to

 5-9     read as follows:

5-10           (b)  If the presiding judge does not permit the clerks to be

5-11     absent for meals, the judge [he] must permit meals to be brought or

5-12     delivered to the polling place.

5-13           SECTION 29.  Section 32.075(a), Election Code, is amended to

5-14     read as follows:

5-15           (a)  The presiding judge shall preserve order and prevent

5-16     breaches of the peace and violations of this code in the polling

5-17     place and in the area within which electioneering and loitering are

5-18     prohibited from the time the judge arrives at the polling place on

5-19     election day until the judge [he] leaves the polling place after

5-20     the polls close.

5-21           SECTION 30.  Section 32.094(a), Election Code, is amended to

5-22     read as follows:

5-23           (a)  After each election, each presiding judge serving in the

5-24     election shall prepare and sign, in duplicate, a statement

5-25     containing the following information:

5-26                 (1)  the name and address of the presiding judge and

5-27     each clerk who served under the judge [him];

5-28                 (2)  the number of hours that each election officer

5-29     worked at the polling place, excluding time for which payment may

5-30     not be made; and

5-31                 (3)  the name of the election officer who delivered the

5-32     election records, keys, and unused supplies, and, if more than one

5-33     officer, the name of and the amount of compensation allocated to

5-34     each officer.

5-35           SECTION 31.  Sections 32.114(c) and (d), Election Code, are

5-36     amended to read as follows:

5-37           (c)  The county clerk shall:

5-38                 (1)  post a notice of the time and place of each

5-39     session on the bulletin board used for posting notice of meetings

5-40     of the commissioners court and shall include on the notice a

5-41     statement that the program is open to the public;

5-42                 (2)  notify each presiding judge appointed by the

5-43     commissioners court of the time and place of each session and of

5-44     the duty of each election judge to complete the training program;

5-45                 (3)  notify the county chair [chairman] of each

5-46     political party in the county of the time and place of each

5-47     session; and

5-48                 (4)  notify the voter registrar of the date, hour, and

5-49     place of each session.

5-50           (d)  Each presiding judge receiving notice under Subsection

5-51     (c)(2) shall notify the alternate presiding judge and other persons

5-52     who serve as clerks for the judge's [his] precinct of the time and

5-53     place of each session.

5-54           SECTION 32.  Section 33.002(c), Election Code, is amended to

5-55     read as follows:

5-56           (c)  In an election for an office of the federal government

5-57     that is filled by voters of more than one county, watchers may also

5-58     be appointed by the chair [chairman] or treasurer of the

5-59     candidate's principal campaign committee or by a designated agent

5-60     of the chair [chairman] or treasurer.

5-61           SECTION 33.  Section 33.003, Election Code, is amended to

5-62     read as follows:

5-63           Sec. 33.003.  Appointment by Political Party.  (a)  The

5-64     county chair [chairman] of each political party that has one or

5-65     more nominees on the ballot may appoint watchers.

5-66           (b)  If the county chair [chairman] does not make an

5-67     authorized appointment, any three members of the county executive

5-68     committee may make the appointment.

5-69           SECTION 34.  Section 33.006(c), Election Code, is amended to

 6-1     read as follows:

 6-2           (c)  In addition to complying with Subsection (b), a

 6-3     certificate issued to a watcher for a write-in candidate must:

 6-4                 (1)  include the residence address and voter

 6-5     registration number of eligible signers in the required number;

 6-6                 (2)  include the signed statement of the candidate, or

 6-7     a person who would be authorized to make appointments on the

 6-8     candidate's behalf if the candidate's name appeared on the ballot,

 6-9     that the appointment is made with the signer's consent; and

6-10                 (3)  state the residence or office address of the

6-11     signer under Subdivision (2) and the capacity in which the signer

6-12     [he] signs, if the statement is not signed by the candidate.

6-13           SECTION 35.  Sections 33.051(b) and (d), Election Code, are

6-14     amended to read as follows:

6-15           (b)  The officer presented with a watcher's certificate of

6-16     appointment shall require the watcher to countersign the

6-17     certificate to ensure that the watcher is the same person who

6-18     signed the certificate.  Except as provided by Subsection (c), a

6-19     watcher who presents himself or herself at the proper time with a

6-20     certificate of appointment shall be accepted for service unless the

6-21     person is ineligible to serve or the number of appointees to which

6-22     the appointing authority is entitled have already been accepted.

6-23           (d)  The certificate of a watcher serving at an early voting

6-24     polling place shall be retained at the polling place until voting

6-25     at the polling place is concluded.  At each subsequent time that

6-26     the watcher reports for service, the watcher [he] shall inform the

6-27     clerk or deputy in charge.  The officer may require the watcher to

6-28     sign the watcher's [his] name in the officer's presence, for

6-29     comparison with the signature on the certificate, if the officer is

6-30     uncertain of the watcher's identity.

6-31           SECTION 36.  Section 33.052(a), Election Code, is amended to

6-32     read as follows:

6-33           (a)  A watcher at a precinct polling place may begin service

6-34     at any time after the presiding judge arrives at the polling place

6-35     on election day and may remain at the polling place until the

6-36     presiding judge and the clerks complete their duties there.  A

6-37     watcher may not be accepted for service unless the watcher [he] is

6-38     present at the time the polls are opened for voting.

6-39           SECTION 37.  Section 33.053, Election Code, is amended to

6-40     read as follows:

6-41           Sec. 33.053.  Hours of Service at Early Voting Polling Place.

6-42     A watcher serving at an early voting polling place may be present

6-43     at the polling place at any time it is open and until completion of

6-44     the securing of any voting equipment used at the polling place that

6-45     is required to be secured on the close of voting each day.  The

6-46     watcher may serve during the hours the watcher [he] chooses.

6-47           SECTION 38.  Section 33.054(a), Election Code, is amended to

6-48     read as follows:

6-49           (a)  A watcher serving at the meeting place of an early

6-50     voting ballot board may be present at any time the board is

6-51     processing or counting ballots and until the board completes its

6-52     duties.  The watcher may serve during the hours the watcher [he]

6-53     chooses, except as provided by Subsection (b).

6-54           SECTION 39.  Section 33.055(a), Election Code, is amended to

6-55     read as follows:

6-56           (a)  A watcher serving at a central counting station may be

6-57     present at any time the station is open for the purpose of

6-58     processing or preparing to process election results and until the

6-59     election officers complete their duties at the station.  The

6-60     watcher may serve during the hours the watcher [he] chooses, except

6-61     as provided by Subsection (b).

6-62           SECTION 40.  Section 33.057(b), Election Code, is amended to

6-63     read as follows:

6-64           (b)  A watcher may not be present at the voting station when

6-65     a voter is preparing the voter's [his] ballot or is being assisted

6-66     by a person of the voter's [his] choice.

6-67           SECTION 41.  Sections 34.001(b) and (d), Election Code, are

6-68     amended to read as follows:

6-69           (b)  The secretary of state shall appoint one or more

 7-1     inspectors for an election if the secretary [he] receives a written

 7-2     request for the appointment from 15 or more registered voters:

 7-3                 (1)  of the county for which the inspector is

 7-4     requested, for an election ordered by the governor or a county

 7-5     authority or for a primary election; or

 7-6                 (2)  of the political subdivision in which the election

 7-7     specified by the request is held, for an election ordered by an

 7-8     authority of a political subdivision other than a county.

 7-9           (d)  State inspectors are responsible to the secretary of

7-10     state and subject to the secretary's [his] direction.  The

7-11     secretary may terminate an appointment at any time.

7-12           SECTION 42.  Sections 42.036(b) and (e), Election Code, are

7-13     amended to read as follows:

7-14           (b)  The commissioners court shall deliver written notice of

7-15     each proposed change and of each order making a change in a county

7-16     election precinct boundary to:

7-17                 (1)  the county chair [chairman] of each political

7-18     party that held a primary election in the county on the most recent

7-19     general primary day;

7-20                 (2)  the political party's precinct chair [chairman] of

7-21     each affected election precinct; and

7-22                 (3)  the presiding judge appointed by the commissioners

7-23     court for each affected election precinct.

7-24           (e)  The notice of an order making a boundary change must

7-25     describe the change in brief, general terms and identify the

7-26     changed precincts.  As an alternative, the notice to the county

7-27     chair [chairman] may be a copy of the order, and the notice to a

7-28     precinct chair [chairman] or presiding judge may be a copy of the

7-29     portion of the order affecting the precinct served by that person.

7-30           SECTION 43.  Section 43.003, Election Code, is amended to

7-31     read as follows:

7-32           Sec. 43.003.  Designation of Location:  Primary Election.

7-33     The county chair [chairman] of a political party holding a primary

7-34     election shall designate the location of the polling place for each

7-35     election precinct in the primary unless the precinct is one that is

7-36     consolidated.  In that case, the county executive committee shall

7-37     designate the location.

7-38           SECTION 44.  Sections 51.002(b) and (c), Election Code, are

7-39     amended to read as follows:

7-40           (b)  For the general election for state and county officers

7-41     and for a special election for an officer regularly elected at the

7-42     general election, the county election board consists of the county

7-43     judge, county clerk, voter registrar, sheriff, and county chair

7-44     [chairman] of each political party required to nominate candidates

7-45     by primary election.  For other elections, the board consists of

7-46     the county judge, county clerk, voter registrar, and sheriff.

7-47           (c)  The county clerk is the chair [chairman] of the county

7-48     election board.

7-49           SECTION 45.  Section 51.003, Election Code, is amended to

7-50     read as follows:

7-51           Sec. 51.003.  Procuring and Allocating Supplies.  Except as

7-52     otherwise provided by law, the following authority shall procure

7-53     the election supplies necessary to conduct an election and shall

7-54     determine the quantity of the various types of supplies to be

7-55     provided to each precinct polling place and early voting polling

7-56     place:

7-57                 (1)  for an election ordered by the governor or a

7-58     county authority, the county clerk, subject to the approval of the

7-59     county election board;

7-60                 (2)  for a primary election, the county chair

7-61     [chairman] of the political party holding the primary, subject to

7-62     the approval of the party's county executive committee;

7-63                 (3)  for an election ordered by a city authority, the

7-64     city secretary; and

7-65                 (4)  for an election ordered by an authority of a

7-66     political subdivision other than a county or city, the secretary of

7-67     the subdivision's governing body or, if the governing body has no

7-68     secretary, the governing body's presiding officer.

7-69           SECTION 46.  Section 51.010(b), Election Code, is amended to

 8-1     read as follows:

 8-2           (b)  A person commits an offense if the person is entrusted

 8-3     with the delivery of election supplies for use at polling places

 8-4     and intentionally fails to deliver any of the supplies within the

 8-5     time specified by the person who entrusted the delivery to the

 8-6     person [him].

 8-7           SECTION 47.  Section 51.035(a), Election Code, is amended to

 8-8     read as follows:

 8-9           (a)  On request of the county chair [chairman] of a political

8-10     party holding a primary election, the county clerk shall furnish

8-11     available county-owned ballot boxes and voting booths to the party

8-12     for use in its primary election.

8-13           SECTION 48.  Section 52.002, Election Code, is amended to

8-14     read as follows:

8-15           Sec. 52.002.  Authority Preparing Ballot.  Except as

8-16     otherwise provided by law, the following authority shall have the

8-17     official ballot prepared:

8-18                 (1)  for an election ordered by the governor or a

8-19     county authority, the county clerk;

8-20                 (2)  for a primary election, the county chair

8-21     [chairman] of the political party holding the primary;

8-22                 (3)  for an election ordered by a city authority, the

8-23     city secretary; and

8-24                 (4)  for an election ordered by an authority of a

8-25     political subdivision other than a county or city, the secretary of

8-26     the subdivision's governing body or, if the governing body has no

8-27     secretary, the governing body's presiding officer.

8-28           SECTION 49.  Section 52.003(b), Election Code, is amended to

8-29     read as follows:

8-30           (b)  A candidate's name shall be placed on the ballot in the

8-31     form indicated on the candidate's application or, if the

8-32     application was not filed with the authority, in the form certified

8-33     to the authority [him].

8-34           SECTION 50.  Section 52.004(a), Election Code, is amended to

8-35     read as follows:

8-36           (a)  A person commits an offense if the person is responsible

8-37     for having the official ballot prepared for an election and

8-38     knowingly fails to place on the ballot the name of a candidate who

8-39     is entitled to have the candidate's [his] name placed on the

8-40     ballot.

8-41           SECTION 51.  Section 52.007(d), Election Code, is amended to

8-42     read as follows:

8-43           (d)  The county chair [chairman] of each political party

8-44     holding a primary election shall deliver the ballots to be used as

8-45     specimen ballots to the county clerk when the official ballots are

8-46     received from the printer.

8-47           SECTION 52.  Section 52.094(c), Election Code, is amended to

8-48     read as follows:

8-49           (c)  The authority conducting the drawing shall post in the

8-50     authority's [his] office a notice of the date, hour, and place of

8-51     the drawing.  The notice must remain posted continuously for 72

8-52     hours immediately preceding the scheduled time of the drawing,

8-53     except that for a runoff election or an election held to resolve a

8-54     tie vote, the notice must remain posted for 24 hours immediately

8-55     preceding the scheduled time of the drawing.

8-56           SECTION 53.  Section 61.006(a), Election Code, is amended to

8-57     read as follows:

8-58           (a)  A person commits an offense if the person was in a

8-59     polling place for any purpose other than voting and knowingly

8-60     communicates to another person information that the person [he]

8-61     obtained at the polling place about how a voter has voted.

8-62           SECTION 54.  Sections 63.001(b), (e), and (f), Election Code,

8-63     are amended to read as follows:

8-64           (b)  On offering to vote, a voter must present the voter's

8-65     [his] voter registration certificate to an election officer at the

8-66     polling place.

8-67           (e)  On accepting a voter, an election officer shall indicate

8-68     beside the voter's name on the list of registered voters that the

8-69     voter [he] is accepted for voting.

 9-1           (f)  After determining whether to accept a voter, an election

 9-2     officer shall return the voter's registration certificate to the

 9-3     voter [him].

 9-4           SECTION 55.  Sections 63.002(b) and (c), Election Code, are

 9-5     amended to read as follows:

 9-6           (b)  A voter who is accepted for voting must sign the roster

 9-7     before the voter [he] is permitted to vote.

 9-8           (c)  If the voter cannot sign the voter's [his] name, an

 9-9     election officer shall enter the voter's name with a notation of

9-10     the reason for the voter's inability to sign the roster.

9-11           SECTION 56.  Section 63.005(b), Election Code, is amended to

9-12     read as follows:

9-13           (b)  With respect to each voter who is accepted for voting

9-14     but whose name is not on the list of registered voters for the

9-15     precinct in which the voter [he] is accepted, the election officer

9-16     shall record:

9-17                 (1)  the voter's name, residence address, and voter

9-18     registration number, if known; and

9-19                 (2)  a notation of the section of this code under which

9-20     the voter is accepted that provides for accepting voters who are

9-21     not on the list.

9-22           SECTION 57.  Section 63.006(a), Election Code, is amended to

9-23     read as follows:

9-24           (a)  A voter who, when offering to vote, presents a voter

9-25     registration certificate indicating that the voter is currently

9-26     registered in the precinct in which the voter [he] is offering to

9-27     vote, but whose name is not on the precinct list of registered

9-28     voters, shall be accepted for voting.

9-29           SECTION 58.  Section 63.007(a), Election Code, is amended to

9-30     read as follows:

9-31           (a)  A voter who, when offering to vote, presents a voter

9-32     registration certificate indicating that the voter is currently

9-33     registered in a different precinct from the one in which the voter

9-34     [he] is offering to vote, and whose name is not on the precinct

9-35     list of registered voters, shall be accepted for voting if the

9-36     voter executes an affidavit stating that the voter:

9-37                 (1)  is a resident of the precinct in which the voter

9-38     [he] is offering to vote or is otherwise entitled by law to vote in

9-39     that precinct;

9-40                 (2)  was a resident of the precinct in which the voter

9-41     [he] is offering to vote at the time that information on the

9-42     voter's residence address was last provided to the voter registrar;

9-43                 (3)  did not deliberately provide false information to

9-44     secure registration in a precinct in which the voter [he] does not

9-45     reside; and

9-46                 (4)  is voting only once in the election.

9-47           SECTION 59.  Section 63.008, Election Code, is amended to

9-48     read as follows:

9-49           Sec. 63.008.  Voter Without Certificate Who is on List.  A

9-50     voter who does not present a voter registration certificate when

9-51     offering to vote, but whose name is on the list of registered

9-52     voters for the precinct in which the voter [he] is offering to

9-53     vote, shall be accepted for voting if the voter executes an

9-54     affidavit stating that the voter [he] does not have the voter's

9-55     [his] voter registration certificate in the voter's [his]

9-56     possession at the polling place at the time of offering to vote.

9-57           SECTION 60.  Sections 63.011(a), (b), and (c), Election Code,

9-58     are amended to read as follows:

9-59           (a)  A voter may not have in the voter's [his] actual

9-60     possession while marking the ballot a written communication that:

9-61                 (1)  was prepared and furnished to the voter by another

9-62     person; and

9-63                 (2)  is marked or printed in a way that identifies one

9-64     or more candidates or measures for which the voter has agreed to

9-65     vote or has been requested to vote.

9-66           (b)  A sample ballot that has not been marked or printed in a

9-67     way that identifies candidates or measures for which to vote, that

9-68     is obtained by the voter from a newspaper or another person, and

9-69     that the voter marks himself or herself is one example of a written

 10-1    communication that is not prohibited under Subsection (a).

 10-2          (c)  An election officer may not accept a voter for voting if

 10-3    the officer knows that the voter has actual possession of a

 10-4    communication prohibited by Subsection (a) at the time the voter

 10-5    [he] offers to vote.

 10-6          SECTION 61.  Section 64.002(b), Election Code, is amended to

 10-7    read as follows:

 10-8          (b)  A child under 18 years of age may accompany the child's

 10-9    [his] parent to a voting station.

10-10          SECTION 62.  Section 64.009(a), Election Code, is amended to

10-11    read as follows:

10-12          (a)  If a voter is physically unable to enter the polling

10-13    place without personal assistance or likelihood of injuring the

10-14    voter's [his] health, on the voter's request, an election officer

10-15    shall deliver a ballot to the voter at the polling place entrance

10-16    or curb.

10-17          SECTION 63.  Section 64.012(a), Election Code, is amended to

10-18    read as follows:

10-19          (a)  A person commits an offense if the person:

10-20                (1)  votes or attempts to vote in an election in which

10-21    the person knows the person [he] is not eligible to vote;

10-22                (2)  knowingly votes or attempts to vote more than once

10-23    in an election; or

10-24                (3)  knowingly impersonates another person and votes or

10-25    attempts to vote as the impersonated person.

10-26          SECTION 64.  Section 64.033, Election Code, is amended to

10-27    read as follows:

10-28          Sec. 64.033.  Reading Ballot to Voter.  (a)  If a voter is

10-29    assisted by election officers, one of them shall read the entire

10-30    ballot to the voter unless the voter tells the officer that the

10-31    voter [he] desires to vote only on certain offices or measures.  In

10-32    that case, the officer shall read those items on the ballot

10-33    specified by the voter.

10-34          (b)  If a voter is assisted by a person of the voter's [his]

10-35    choice, an election officer shall ask the voter being assisted

10-36    whether the voter [he] wants the entire ballot read to the voter

10-37    [him].  If so, the officer shall instruct the person assisting the

10-38    voter to read the entire ballot to the voter.

10-39          SECTION 65.  Section 66.057(b), Election Code, is amended to

10-40    read as follows:

10-41          (b)  The general custodian of election records or the

10-42    custodian's [his] designee shall be present at all times when the

10-43    records delivered in ballot box no. 4 are inspected.

10-44          SECTION 66.  Section 66.060(c), Election Code, is amended to

10-45    read as follows:

10-46          (c)  The custodian of the key to ballot box no. 3 shall keep

10-47    the key for the period for preserving the precinct election records

10-48    except for the time the key is temporarily out of the custodian's

10-49    [his] custody in accordance with this code.

10-50          SECTION 67.  Sections 68.051(d) and (e), Election Code, are

10-51    amended to read as follows:

10-52          (d)  Instead of making one of the required appointments, each

10-53    appointing officer or the officer's [his] designee may serve on the

10-54    committee.

10-55          (e)  Each appointing officer shall allocate at least four of

10-56    the officer's [his] appointments among members of the various media

10-57    organizations covering elections in this state.

10-58          SECTION 68.  Section 68.052, Election Code, is amended to

10-59    read as follows:

10-60          Sec. 68.052.  Chair [Chairman] and Meetings.  (a)  The

10-61    secretary of state shall designate a chair [chairman] and vice

10-62    chair [vice-chairman] of the committee from among the media

10-63    organization membership.

10-64          (b)  Meetings of the committee shall be held at the call of

10-65    the chair [chairman].

10-66          SECTION 69.  Section 82.002(a), Election Code, is amended to

10-67    read as follows:

10-68          (a)  A qualified voter is eligible for early voting by mail

10-69    if the voter has a sickness or physical condition that prevents the

 11-1    voter from appearing at the polling place on election day without a

 11-2    likelihood of needing personal assistance or of injuring the

 11-3    voter's [his] health.

 11-4          SECTION 70.  Section 82.004(b), Election Code, is amended to

 11-5    read as follows:

 11-6          (b)  A voter confined in jail who is eligible for early

 11-7    voting is not entitled to vote by personal appearance unless the

 11-8    authority in charge of the jail, in the authority's [his]

 11-9    discretion, permits the voter to do so.

11-10          SECTION 71.  Section 84.008(a), Election Code, is amended to

11-11    read as follows:

11-12          (a)  An applicant for a ballot to be voted by mail may submit

11-13    the [his] application by delivering it in person to the early

11-14    voting clerk if the application is submitted not later than the

11-15    close of regular business in the clerk's office on the day before

11-16    the first day of the period for early voting by personal

11-17    appearance.

11-18          SECTION 72.  Section 84.011(a), Election Code, is amended to

11-19    read as follows:

11-20          (a)  The officially prescribed application form for an early

11-21    voting ballot must include:

11-22                (1)  immediately preceding the signature space the

11-23    statement:  "I certify that the information given in this

11-24    application is true, and I understand that giving false information

11-25    in this application is a crime.";

11-26                (2)  a statement informing voters of the offense

11-27    prescribed by Section 84.004;

11-28                (3)  spaces for entering an applicant's voter

11-29    registration number and county election precinct of registration,

11-30    with a statement informing the applicant that failure to furnish

11-31    that information does not invalidate the application; and

11-32                (4)  on an application for a ballot to be voted by

11-33    mail:

11-34                      (A)  a space for an applicant applying on the

11-35    ground of absence from the county of residence to indicate the date

11-36    on or after which the applicant can receive mail at the address

11-37    outside the county;

11-38                      (B)  a space for indicating the fact that an

11-39    applicant whose application is signed by a witness cannot make the

11-40    applicant's [his] mark and a space for indicating the relationship

11-41    or the lack of relationship of the witness to the applicant; and

11-42                      (C)  a space for entering an applicant's

11-43    telephone number, with a statement informing the applicant that

11-44    failure to furnish that information does not invalidate the

11-45    application.

11-46          SECTION 73.  Section 84.012, Election Code, is amended to

11-47    read as follows:

11-48          Sec. 84.012.  Clerk to Mail Application Form on Request.  The

11-49    early voting clerk shall mail without charge an appropriate

11-50    official application form for an early voting ballot to each person

11-51    requesting the clerk to send the person [him] an application form.

11-52          SECTION 74.  Section 85.032(d), Election Code, is amended to

11-53    read as follows:

11-54          (d)  Each custodian shall retain possession of the key

11-55    entrusted to the custodian [him] until it is delivered to the early

11-56    voting ballot board under Subchapter B, Chapter 87.

11-57          SECTION 75.  Section 86.008(b), Election Code, is amended to

11-58    read as follows:

11-59          (b)  The clerk shall include with the application form mailed

11-60    or delivered to the applicant a written notice containing:

11-61                (1)  a brief explanation of each defect in the

11-62    noncomplying application;

11-63                (2)  a statement informing the voter that the voter

11-64    [he] is not entitled to vote an early voting ballot unless the

11-65    application complies with all legal requirements; and

11-66                (3)  instructions for submitting the second

11-67    application.

11-68          SECTION 76.  Section 86.009(c), Election Code, is amended to

11-69    read as follows:

 12-1          (c)  Before mailing the corrected ballot to the voter, the

 12-2    clerk shall place a notation on the carrier envelope indicating

 12-3    that the ballot is a corrected ballot being provided under this

 12-4    section.  The clerk shall also indicate on the voter's application

 12-5    that the voter [he] was provided a corrected ballot.

 12-6          SECTION 77.  Section 86.011(d), Election Code, is amended to

 12-7    read as follows:

 12-8          (d)  Notwithstanding any other provisions of this code, if

 12-9    the clerk receives a timely carrier envelope that does not fully

12-10    comply with the applicable requirements prescribed by this title,

12-11    the clerk may deliver the carrier envelope in person or by mail to

12-12    the voter and may receive, before the deadline, the corrected

12-13    carrier envelope from the voter, or the clerk may notify the voter

12-14    of the defect by telephone and advise the voter that the voter [he]

12-15    may come to the clerk's office in person to correct the defect or

12-16    cancel the voter's [his] application to vote by mail and vote on

12-17    election day.  If the procedures authorized by this subsection are

12-18    used, they must be applied uniformly to all carrier envelopes

12-19    covered by this subsection.  A poll watcher is entitled to observe

12-20    the procedures under this subsection.  The secretary of state may

12-21    prescribe any other procedures necessary to implement this

12-22    subsection including requirements for posting notice of any

12-23    deliveries.

12-24          SECTION 78.  Section 87.0221(c), Election Code, is amended to

12-25    read as follows:

12-26          (c)  At least 24 hours before each delivery, the early voting

12-27    clerk shall notify the county chair [chairman] of each political

12-28    party having a nominee on the ballot of the time the delivery is to

12-29    be made.

12-30          SECTION 79.  Section 87.023(c), Election Code, is amended to

12-31    read as follows:

12-32          (c)  At least 24 hours before the first delivery of ballots

12-33    covered by Subsection (b), the early voting clerk shall notify the

12-34    county chair [chairman] of each political party having a nominee on

12-35    the ballot of the time the first delivery is to be made.

12-36          SECTION 80.  Section 87.024(c), Election Code, is amended to

12-37    read as follows:

12-38          (c)  At least 24 hours before the delivery, the early voting

12-39    clerk shall notify the county chair [chairman] of each political

12-40    party having a nominee on the ballot of the time the delivery is to

12-41    be made.

12-42          SECTION 81.  Section 87.025, Election Code, is amended to

12-43    read as follows:

12-44          Sec. 87.025.  Delivering Second Ballot Box Key to Board.  On

12-45    request of the presiding officer of the early voting ballot board,

12-46    the custodian of the key to the second lock on the early voting

12-47    ballot boxes shall deliver the custodian's [his] key for each box

12-48    to the presiding officer.

12-49          SECTION 82.  Sections 87.027(b), (c), and (i), Election Code,

12-50    are amended to read as follows:

12-51          (b)  The following authority is responsible for appointing

12-52    the members of a signature verification committee:

12-53                (1)  the county election board, in an election for

12-54    which the board is established;

12-55                (2)  the county chair [chairman], in a primary

12-56    election; and

12-57                (3)  the governing body of the political subdivision,

12-58    in an election ordered by an authority of a political subdivision

12-59    other than a county.

12-60          (c)  Not later than the fifth day after the date the early

12-61    voting clerk issues the order calling for the appointment of a

12-62    signature verification committee, the appropriate authority shall

12-63    appoint the members of the committee and designate one of the

12-64    appointees as chair [chairman].  The authority shall fill a vacancy

12-65    on the committee by appointment as soon as possible after the

12-66    vacancy occurs.  The early voting clerk shall post notice of the

12-67    name and residence address of each appointee.  The notice must

12-68    remain posted continuously for the period beginning the day after

12-69    the date of the appointment and ending on the last day of the

 13-1    committee's operation in the election.

 13-2          (i)  The signature verification committee shall compare the

 13-3    signature on each carrier envelope certificate, except those signed

 13-4    for a voter by a witness, with the signature on the voter's ballot

 13-5    application to determine whether the signatures are those of the

 13-6    same person.  The committee shall place the jacket envelopes,

 13-7    carrier envelopes, and applications of voters whose signatures do

 13-8    not match in separate containers from those of voters whose

 13-9    signatures match.  The committee chair [chairman] shall deliver the

13-10    sorted materials to the early voting ballot board at the time

13-11    specified by the board's presiding judge but within the period

13-12    permitted for the early voting clerk's delivery of early voting

13-13    ballots to the board.

13-14          SECTION 83.  Section 87.121(f), Election Code, is amended to

13-15    read as follows:

13-16          (f)  Information on the roster for a person to whom an early

13-17    voting mail ballot has been sent is not available for public

13-18    inspection, except to the voter seeking to verify that the

13-19    information pertaining to the voter [him] is accurate, until 24

13-20    hours after the time a ballot was mailed to the voter.

13-21          SECTION 84.  Section 104.004(e), Election Code, is amended to

13-22    read as follows:

13-23          (e)  If the voter is physically unable to enter the early

13-24    voting polling place without personal assistance or a likelihood of

13-25    injuring the voter's [his] health, the clerk shall deliver the

13-26    balloting materials to the voter at the polling place entrance or

13-27    curb.

13-28          SECTION 85.  Section 124.065, Election Code, is amended to

13-29    read as follows:

13-30          Sec. 124.065.  Paper Ballot for Office of Precinct Chair

13-31    [Chairman].  (a)  The authority adopting an electronic voting

13-32    system for use in a primary election may provide by resolution,

13-33    order, or other official action for voting by paper ballot for the

13-34    party office of precinct chair [chairman].

13-35          (b)  The paper ballot for precinct chair [chairman] must

13-36    conform to the applicable standards governing regular paper

13-37    ballots, except that the ballot shall be limited to the office of

13-38    precinct chair [chairman].

13-39          (c)  The secretary of state shall prescribe the form of the

13-40    ballot for precinct chair [chairman] consistent with this section.

13-41          SECTION 86.  Section 125.031(d), Election Code, is amended to

13-42    read as follows:

13-43          (d)  Not later than the day before the date of the inspection

13-44    of machines, the authority shall notify the county chair [chairman]

13-45    of each political party with a nominee on the ballot of the place,

13-46    date, and hour of the inspection.  The county chair [chairman] or

13-47    the chair's [his] designee is entitled to observe the inspection

13-48    and securing of the machines.

13-49          SECTION 87.  Section 125.033(a), Election Code, is amended to

13-50    read as follows:

13-51          (a)  In an election in which paper write-in ballots are used,

13-52    a voter who has been accepted to vote by voting machine is entitled

13-53    to a paper write-in ballot on request if the voter executes the

13-54    following affidavit:

13-55    "State of Texas

13-56    "County of __________________________

13-57          "Before me, the undersigned authority, on this day personally

13-58    appeared ________________________________, who, having been by me

13-59    first duly sworn, on the person's [his] oath did depose and say:

13-60          " 'I have not and will not cast a vote on the voting machine

13-61    for the office for which I am casting a write-in ballot.'

13-62    ________________________________

13-63    Voter

13-64          "Subscribed and sworn before me this ______ day of

13-65    __________________, 19____.

13-66             ________________________________________________

13-67             Election Officer of Polling Place______________,

13-68             ______________________ County, Texas"           

13-69          SECTION 88.  Section 126.035(b), Election Code, is amended to

 14-1    read as follows:

 14-2          (b)  On completion of an examination, the authority that

 14-3    ordered the examination shall have the machine restored to its

 14-4    secured condition.  The person in charge of the examination shall

 14-5    replace the keys to the machine in their envelope, seal the

 14-6    envelope, sign the person's [his] name across the seal, and return

 14-7    the sealed envelope to the machine's custodian.

 14-8          SECTION 89.  Section 127.037(b), Election Code, is amended to

 14-9    read as follows:

14-10          (b)  The officers shall present the ballot box to the

14-11    presiding judge of the counting station or to the judge's [his]

14-12    designee.

14-13          SECTION 90.  Sections 127.038(a)-(c), Election Code, are

14-14    amended to read as follows:

14-15          (a)  On receipt of ballot box no. 3, the presiding judge of

14-16    the central counting station or the judge's [his] designee shall

14-17    give a signed receipt for the box to one of the delivering

14-18    officers.  The presiding judge at the polling place shall preserve

14-19    the receipt for the period for preserving the precinct election

14-20    records.

14-21          (b)  Before opening the ballot box, the presiding judge of

14-22    the counting station or the judge's [his] designee shall inspect

14-23    the box and the seal to determine if they are intact and shall

14-24    determine if the serial number on the seal corresponds with the

14-25    number indicated on the record of serial numbers at the counting

14-26    station.  If the box and seal are intact and the serial numbers

14-27    correspond, the judge or designee shall break the seal and open the

14-28    box.

14-29          (c)  On opening the ballot box, the judge or the judge's

14-30    [his] designee shall determine if the serial number on the seal

14-31    corresponds with the serial number indicated on the certificate

14-32    inside the ballot box.

14-33          SECTION 91.  Sections 127.068(a) and (b), Election Code, are

14-34    amended to read as follows:

14-35          (a)  On receipt of a sealed ballot box, the presiding judge

14-36    of the central counting station or the judge's [his] designee shall

14-37    give a signed receipt for the box to one of the delivering

14-38    officers.  The presiding judge at the polling place shall preserve

14-39    the receipt for the period for preserving the precinct election

14-40    records.

14-41          (b)  Before opening the ballot box, the presiding judge of

14-42    the counting station or the judge's [his] designee shall inspect

14-43    the box, the seal of the box, and the seal of the deposit slot to

14-44    determine if they are intact and shall determine if the serial

14-45    number on the seal of the box corresponds with the number indicated

14-46    on the record of serial numbers at the counting station.  If the

14-47    box and both seals are intact and the serial numbers correspond,

14-48    the judge or designee shall break the seals, unlock the lock, and

14-49    open the box.

14-50          SECTION 92.  Section 127.124(c), Election Code, is amended to

14-51    read as follows:

14-52          (c)  The boxes in which the ballots are delivered to the

14-53    counting station may be returned to the polling places for use in

14-54    subsequent deliveries.  If a box to be reused is a sealed ballot

14-55    box authorized by Subchapter C, the authority responsible for

14-56    distributing election supplies to the polling places, or the

14-57    authority's [his] designee, shall lock and seal the box at the

14-58    counting station in the same manner as for the initial locking and

14-59    sealing of the box and then deliver it to the appropriate polling

14-60    place.

14-61          SECTION 93.  Section 141.038(a), Election Code, is amended to

14-62    read as follows:

14-63          (a)  A filing fee paid in connection with a candidate's

14-64    application for a place on the ballot shall be refunded to the

14-65    candidate or to the candidate's [his] estate, as appropriate, if

14-66    before the date of the election for which the application is made:

14-67                (1)  the candidate dies;

14-68                (2)  the candidate is declared ineligible; or

14-69                (3)  the candidate's application for a place on the

 15-1    ballot is determined not to comply with the requirements as to

 15-2    form, content, and procedure that it must satisfy for the

 15-3    candidate's name to be placed on the ballot.

 15-4          SECTION 94.  Section 141.066(c), Election Code, is amended to

 15-5    read as follows:

 15-6          (c)  A signature on a candidate's petition is invalid if the

 15-7    signer signed the petition subsequent to [his] signing a petition

 15-8    of another candidate for the same office in the same election.

 15-9          SECTION 95.  Sections 141.067(b) and (f), Election Code, are

15-10    amended to read as follows:

15-11          (b)  To withdraw a signature, the signer must request that

15-12    the signer's [his] signature be withdrawn.

15-13          (f)  The filing of an effective withdrawal request nullifies

15-14    the signature on the petition and places the signer in the same

15-15    position as if the signer [he] had not signed the petition.

15-16          SECTION 96.  Section 141.070(c), Election Code, is amended to

15-17    read as follows:

15-18          (c)  Not later than the 30th day after the date the secretary

15-19    of state or county clerk receives an estimate request, the

15-20    secretary or clerk shall certify the secretary's or clerk's [his]

15-21    estimate in writing and deliver a copy of the certification to the

15-22    candidate and to the authority with whom the candidate's

15-23    application for a place on the ballot is required to be filed.

15-24          SECTION 97.  Section 142.003, Election Code, is amended to

15-25    read as follows:

15-26          Sec. 142.003.  Preservation of Declaration.  The authority

15-27    with whom a declaration of intent is required to be filed shall

15-28    preserve each declaration filed with the authority [him] until the

15-29    day after general election day.

15-30          SECTION 98.  Section 145.001(a), Election Code, is amended to

15-31    read as follows:

15-32          (a)  To withdraw from an election, a candidate whose name is

15-33    to appear on the ballot must request that the candidate's [his]

15-34    name be omitted from the ballot.

15-35          SECTION 99.  Section 145.005(d), Election Code, is amended to

15-36    read as follows:

15-37          (d)  In a race in which a runoff is required, if the deceased

15-38    or ineligible candidate received the vote that would entitle the

15-39    candidate [him] to a place on the runoff election ballot or tied

15-40    for that number of votes, the candidates in the runoff shall be

15-41    determined in the regular manner but without regard to the votes

15-42    received by the deceased or ineligible candidate.

15-43          SECTION 100.  Section 145.034, Election Code, is amended to

15-44    read as follows:

15-45          Sec. 145.034.  Copy of Withdrawal Request Delivered to

15-46    Executive Committee.  At the same time a withdrawal request is

15-47    filed, a candidate must deliver a copy of the request to the chair

15-48    [chairman] of the executive committee authorized to fill a vacancy

15-49    in the nomination.  If a vacancy exists in the office of chair

15-50    [chairmanship] of a precinct or district executive committee, the

15-51    copy must be delivered to:

15-52                (1)  the chair [chairman] of the state executive

15-53    committee, for a district office; or

15-54                (2)  the chair [chairman] of the county executive

15-55    committee, for a precinct office.

15-56          SECTION 101.  Section 145.036(b), Election Code, is amended

15-57    to read as follows:

15-58          (b)  An executive committee may make a replacement nomination

15-59    following a withdrawal only if:

15-60                (1)  the candidate:

15-61                      (A)  withdraws because of a catastrophic illness

15-62    that was diagnosed after the 62nd day before general primary

15-63    election day and the illness would permanently and continuously

15-64    incapacitate the candidate and prevent the candidate [him] from

15-65    performing the duties of the office sought; and

15-66                      (B)  files with the withdrawal request a

15-67    certificate describing the illness and signed by at least two

15-68    licensed physicians;

15-69                (2)  no political party that held primary elections has

 16-1    a nominee for the office sought by the withdrawing candidate as of

 16-2    the time of the withdrawal; or

 16-3                (3)  the candidate has been elected or appointed to

 16-4    fill a vacancy in another elective office or has become the nominee

 16-5    for another office.

 16-6          SECTION 102.  Sections 145.037(a), (b), and (d), Election

 16-7    Code, are amended to read as follows:

 16-8          (a)  For the name of a replacement nominee to be placed on

 16-9    the general election ballot, the chair [chairman] of the executive

16-10    committee making the replacement nomination must certify in writing

16-11    the nominee's name for placement on the ballot as provided by this

16-12    section.

16-13          (b)  The certification must be signed and acknowledged by the

16-14    chair [chairman].

16-15          (d)  The chair [chairman] must deliver the certification to:

16-16                (1)  the secretary of state, for a statewide or

16-17    district office; or

16-18                (2)  the authority responsible for having the official

16-19    ballot prepared, for a county or precinct office.

16-20          SECTION 103.  Section 145.038(b), Election Code, is amended

16-21    to read as follows:

16-22          (b)  The state chair [chairman] must deliver the

16-23    certification of the replacement nominee not later than 5 p.m. of

16-24    the 57th day before election day.

16-25          SECTION 104.  Section 145.064(b), Election Code, is amended

16-26    to read as follows:

16-27          (b)  The name of a deceased candidate may not be omitted if:

16-28                (1)  the decedent was the incumbent in the office for

16-29    which the decedent [he] was a candidate; or

16-30                (2)  no other candidate's name is to appear on the

16-31    ballot in the race in which the decedent was a candidate.

16-32          SECTION 105.  Section 161.005(a), Election Code, is amended

16-33    to read as follows:

16-34          (a)  To be eligible to be a candidate for or to serve as a

16-35    county or precinct chair [chairman] of a political party, a person

16-36    must:

16-37                (1)  be a qualified voter of the county; and

16-38                (2)  not be a candidate for nomination or election to,

16-39    or be the holder of, an elective office of the federal, state, or

16-40    county government.

16-41          SECTION 106.  Section 161.007(a), Election Code, is amended

16-42    to read as follows:

16-43          (a)  A person commits an offense if, with respect to another

16-44    over whom the person has authority in the scope of employment, the

16-45    person knowingly:

16-46                (1)  refuses to permit the other person to be absent

16-47    from work for the purpose of attending a precinct convention in

16-48    which the other person [he] is eligible to participate or attending

16-49    a county, district, or state convention to which the other person

16-50    [he] is a delegate; or

16-51                (2)  subjects or threatens to subject the other person

16-52    to a penalty for the purpose of preventing or retaliating for the

16-53    other person's [his] attendance at a precinct convention in which

16-54    the other person [he] is eligible to participate or for the other

16-55    person's [his] attendance at a county, district, or state

16-56    convention to which the other person [he] is a delegate.

16-57          SECTION 107.  Section 162.004(b), Election Code, is amended

16-58    to read as follows:

16-59          (b)  An election officer at a primary election polling place

16-60    shall stamp the party's name in the party affiliation space of the

16-61    registration certificate of each voter who presents the voter's

16-62    [his] registration certificate and is accepted to vote unless the

16-63    party name has already been stamped in the space.

16-64          SECTION 108.  Sections 162.007(b) and (c), Election Code, are

16-65    amended to read as follows:

16-66          (b)  On admitting a person for participation in the

16-67    convention, the temporary chair [chairman] shall administer to the

16-68    person the following oath:  "I swear that I have not voted in a

16-69    primary election or participated in a convention of another party

 17-1    during this voting year.  I hereby affiliate myself with the

 17-2    __________ Party."

 17-3          (c)  After administering the oath, the temporary chair

 17-4    [chairman] shall request the person's registration certificate and

 17-5    stamp the party's name in the party affiliation space unless the

 17-6    party name has already been stamped in the space.  If the person

 17-7    does not present a registration certificate, the temporary chair

 17-8    [chairman] on the person's request shall issue the person [him] an

 17-9    affiliation certificate.

17-10          SECTION 109.  Section 162.008(c), Election Code, is amended

17-11    to read as follows:

17-12          (c)  After administering the oath, the committee member shall

17-13    stamp the party's name on the person's registration certificate or

17-14    issue the person [him] an affiliation certificate as provided by

17-15    Section 162.007(c).

17-16          SECTION 110.  Sections 163.005(a), (c), and (d), Election

17-17    Code, are amended to read as follows:

17-18          (a)  The state chair [chairman] shall file a copy of each

17-19    rule on electoral affairs with the secretary of state.

17-20          (c)  If the state chair [chairman] fails to make a timely

17-21    filing, any member of the state executive committee may make the

17-22    filing.

17-23          (d)  A filing must be accompanied by a written statement

17-24    signed by the state chair [chairman] or any two members of the

17-25    state executive committee indicating whether the rule is temporary

17-26    or permanent.

17-27          SECTION 111.  Section 163.006(d), Election Code, is amended

17-28    to read as follows:

17-29          (d)  Before January 15 of each year in which political

17-30    parties hold precinct conventions under this title, the secretary

17-31    of state shall deliver written notice of the requirements of this

17-32    section to the state chair [chairman] of each party that had a

17-33    nominee for a statewide or district office on the most recent

17-34    general election ballot.

17-35          SECTION 112.  Sections 171.002(b) and (c), Election Code, are

17-36    amended to read as follows:

17-37          (b)  In addition to the members representing the senatorial

17-38    districts, the committee has a chair [chairman] and a vice chair

17-39    [vice-chairman], one of whom must be a man and the other a woman.

17-40    Except as otherwise provided by party rule, the chair [chairman]

17-41    and vice chair [vice-chairman] are considered members of the

17-42    committee.

17-43          (c)  The chair, vice chair [chairman, vice-chairman], and

17-44    members representing the senatorial districts are elected at the

17-45    party's biennial state convention.  However, the chair, vice chair

17-46    [chairman, vice-chairman], and members may be elected for four-year

17-47    terms at the state convention held in gubernatorial election years.

17-48    Each holds office until a successor is elected and assumes office.

17-49          SECTION 113.  Section 171.003(a), Election Code, is amended

17-50    to read as follows:

17-51          (a)  The state executive committee shall fill by appointment

17-52    any vacancy on the committee, including a vacancy in the office of

17-53    chair [chairman] or vice chair [vice-chairman].

17-54          SECTION 114.  Section 171.022(a), Election Code, is amended

17-55    to read as follows:

17-56          (a)  A county executive committee consists of:

17-57                (1)  a county chair [chairman], who is the presiding

17-58    officer, elected at the general primary election by majority vote

17-59    of the qualified voters of the county who vote in the primary on

17-60    that office or appointed by the county executive committee as

17-61    provided by this subchapter; and

17-62                (2)  a precinct chair [chairman] from each county

17-63    election precinct, elected at the general primary by majority vote

17-64    of the qualified voters of the precinct who vote in the primary on

17-65    that office or appointed by the county executive committee as

17-66    provided by this subchapter.

17-67          SECTION 115.  Sections 171.023(a)-(c), Election Code, are

17-68    amended to read as follows:

17-69          (a)  To be eligible to be a candidate for or to serve as a

 18-1    precinct chair [chairman], a person must reside in the election

 18-2    precinct in addition to satisfying the other applicable eligibility

 18-3    requirements.

 18-4          (b)  A change in a county election precinct boundary creates

 18-5    a vacancy in the office of precinct chair [chairman] if more than

 18-6    one precinct chair [chairman] resides in the changed precinct or if

 18-7    none resides there.

 18-8          (c)  For the purpose of determining whether a precinct chair

 18-9    [chairman] is a resident of a particular county election precinct,

18-10    a change in a precinct boundary is not effective until February 1

18-11    following the adoption of the order making the change, except as

18-12    provided by Subsection (d).

18-13          SECTION 116.  Section 171.024(d), Election Code, is amended

18-14    to read as follows:

18-15          (d)  After a vacancy is filled, the county chair [chairman]

18-16    shall promptly deliver written notice of the replacement member's

18-17    name and address to the state chair [chairman] and to the county

18-18    clerk.

18-19          SECTION 117.  Section 171.025, Election Code, is amended to

18-20    read as follows:

18-21          Sec. 171.025.  Procedure for Filling Vacancy in Office of

18-22    County Chair [Chairmanship].  (a)  If a vacancy occurs in the

18-23    office of county chair [chairman], the secretary of the county

18-24    executive committee shall call a meeting for the purpose of filling

18-25    the vacancy.  If a committee member files with the secretary a

18-26    written request for a meeting to fill a vacancy, the secretary

18-27    shall call the meeting to convene not later than the 20th day after

18-28    the date the secretary receives the request.

18-29          (b)  If the committee does not have a secretary or if after

18-30    receiving a written request under Subsection (a) the secretary

18-31    fails to call the meeting, the state chair [chairman], on written

18-32    request of a member of the county executive committee filed with

18-33    the state chair [chairman], shall call the meeting to convene not

18-34    later than the 20th day after the date the chair [chairman]

18-35    receives the request.

18-36          (c)  The authority calling the meeting shall notify each

18-37    committee member in advance of the meeting of its time, place, and

18-38    purpose.

18-39          (d)  The authority calling the meeting shall designate a

18-40    committee member as temporary chair [chairman], who shall call the

18-41    meeting to order and preside until the vacancy is filled.

18-42          SECTION 118.  Sections 171.027(b) and (c), Election Code, are

18-43    amended to read as follows:

18-44          (b)  The state executive committee shall appoint a temporary

18-45    county chair [chairman].  To be appointed, a person must receive a

18-46    favorable vote of a majority of the committee's membership.

18-47          (c)  The temporary county chair [chairman] shall call, for

18-48    the purpose of electing the other members of a temporary county

18-49    executive committee, a meeting of the voters of the county who

18-50    consider themselves to be aligned with the party.  The voters

18-51    present at the meeting shall elect the other members of the

18-52    committee.

18-53          SECTION 119.  Section 171.052, Election Code, is amended to

18-54    read as follows:

18-55          Sec. 171.052.  Committee Composition:  District Coterminous

18-56    With County.  The district executive committee for a district that

18-57    is coterminous with a single county consists of the county

18-58    executive committee, with the county chair [chairman] serving as

18-59    chair [chairman] of the district committee.

18-60          SECTION 120.  Section 171.053, Election Code, is amended to

18-61    read as follows:

18-62          Sec. 171.053.  Committee Composition:  District Comprising

18-63    Part of a County; First Meeting.  (a)  The district executive

18-64    committee for a district comprising only a part of a single county

18-65    consists of the precinct chairs [chairmen] of the county election

18-66    precincts in the district.

18-67          (b)  The members of a district executive committee shall

18-68    elect a chair [chairman] at the committee's first meeting from

18-69    among the committee membership.

 19-1          (c)  Except as provided by Subsection (d), the county chair

 19-2    [chairman] shall call the first meeting of the district executive

 19-3    committee to convene at any time after the precinct chairs

 19-4    [chairmen] take office.  The county chair [chairman] shall notify

 19-5    each committee member in advance of the meeting of its time, place,

 19-6    and purpose.

 19-7          (d)  If a vacancy exists in the office of chair

 19-8    [chairmanship] of a senatorial district executive committee

 19-9    immediately before the date for conducting the regular drawing for

19-10    a place on the general primary ballot, the committee shall convene

19-11    on that date at the hour and place specified by the county chair

19-12    [chairman] to elect the district executive committee chair

19-13    [chairman].

19-14          (e)  Not later than the third day after the date the chair

19-15    [chairman] for a senatorial district executive committee is

19-16    elected, the county chair [chairman] shall deliver to the state

19-17    chair [chairman] written notice of the name and address of the

19-18    person elected.

19-19          SECTION 121.  Section 171.054, Election Code, is amended to

19-20    read as follows:

19-21          Sec. 171.054.  Committee Composition:  District Situated in

19-22    More Than One County; First Meeting.  (a)  The district executive

19-23    committee for a district situated in more than one county consists

19-24    of:

19-25                (1)  the county chair [chairman] of each county that is

19-26    wholly situated in the district; and

19-27                (2)  one precinct chair [chairman] from each county

19-28    that is only partly situated in the district, elected by and from

19-29    among the precinct chairs [chairmen] of the precincts in that part

19-30    of the county.

19-31          (b)  Except as provided by Subsection (c), the county chair

19-32    [chairman] shall call a meeting to convene at any time after the

19-33    precinct chairs [chairmen] take office to elect the precinct chair

19-34    [chairman] who is to serve on a district executive committee.  The

19-35    county chair [chairman] shall notify the appropriate precinct

19-36    chairs [chairmen] in advance of the meeting of its time, place, and

19-37    purpose.  Not later than the third day after the date the district

19-38    executive committee member is elected, the county chair [chairman]

19-39    shall deliver to the state chair [chairman] written notice of the

19-40    name and address of the person elected.

19-41          (c)  If a vacancy exists in the office of precinct chair

19-42    [chairman position] on a senatorial district executive committee

19-43    immediately before the date for conducting the regular drawing for

19-44    a place on the general primary ballot, the appropriate precinct

19-45    chairs [chairmen] shall convene on that date at the hour and place

19-46    specified by the county chair [chairman] to elect that officer.

19-47          (d)  The members of a district executive committee shall

19-48    elect a chair [chairman] at the committee's first meeting from

19-49    among the committee membership.

19-50          (e)  The state chair [chairman] shall call the first meeting

19-51    of the district executive committee and shall notify each committee

19-52    member in advance of the meeting of its time, place, and purpose.

19-53          SECTION 122.  Section 171.072, Election Code, is amended to

19-54    read as follows:

19-55          Sec. 171.072.  Committee Composition:  Precinct With Three or

19-56    More Election Precincts; First Meeting.  (a)  The precinct

19-57    executive committee for a commissioners precinct or for a justice

19-58    precinct containing three or more county election precincts

19-59    consists of the precinct chair [chairman] of each county election

19-60    precinct in the commissioners or justice precinct, as applicable.

19-61          (b)  The members of a precinct executive committee shall

19-62    elect a chair [chairman] at the committee's first meeting from

19-63    among the committee membership.

19-64          (c)  The county chair [chairman] shall call the first meeting

19-65    of the precinct executive committee and shall notify each committee

19-66    member in advance of the meeting of its time, place, and purpose.

19-67          SECTION 123.  Section 171.073, Election Code, is amended to

19-68    read as follows:

19-69          Sec. 171.073.  Committee Composition:  Precinct With Fewer

 20-1    Than Three Election Precincts.  The precinct executive committee

 20-2    for a commissioners precinct or for a justice precinct containing

 20-3    fewer than three county election precincts consists of the county

 20-4    executive committee, with the county chair [chairman] serving as

 20-5    chair [chairman] of the precinct committee.

 20-6          SECTION 124.  Section 172.002(c), Election Code, is amended

 20-7    to read as follows:

 20-8          (c)  For a political party to be entitled to hold a primary

 20-9    election under this section, the state chair [chairman], not later

20-10    than one year before general election day, must deliver written

20-11    notice to the secretary of state that the party will hold a primary

20-12    election in the general election year.

20-13          SECTION 125.  Sections 172.021(b) and (f), Election Code, are

20-14    amended to read as follows:

20-15          (b)  An application must, in addition to complying with

20-16    Section 141.031, be accompanied by the appropriate filing fee or,

20-17    instead of the filing fee, a petition that satisfies the

20-18    requirements prescribed by Section 141.062.  A political party may

20-19    not require payment of a fee as a condition to applying for a place

20-20    on the ballot as a candidate for county chair [chairman] or

20-21    precinct chair [chairman].

20-22          (f)  A political party's state executive committee by rule

20-23    may require that an application for the office of county chair

20-24    [chairman] be accompanied by a nominating petition containing the

20-25    signatures of at least 10 percent of the incumbent precinct chairs

20-26    [chairmen] serving on the county executive committee.

20-27          SECTION 126.  Section 172.022, Election Code, is amended to

20-28    read as follows:

20-29          Sec. 172.022.  Authority With Whom Application Filed.

20-30    (a)  An application for a place on the general primary election

20-31    ballot must be filed with:

20-32                (1)  the state chair [chairman], for an office filled

20-33    by voters of more than one county; or

20-34                (2)  the county chair [chairman] or the secretary, if

20-35    any, of the county executive committee, for an office filled by

20-36    voters of a single county.

20-37          (b)  Not later than the day before the last day of the filing

20-38    period, the county chair [chairman] shall post on the bulletin

20-39    board used for posting notice of meetings of the commissioners

20-40    court a notice of the address at which the county chair [chairman]

20-41    or secretary will be available to receive applications on the last

20-42    day of the filing period.  Section 1.006 does not apply to this

20-43    subsection.

20-44          SECTION 127.  Section 172.023(b), Election Code, is amended

20-45    to read as follows:

20-46          (b)  An application, other than an application for the office

20-47    of precinct chair [chairman], may not be filed earlier than the

20-48    30th day before the date of the regular filing deadline.  An

20-49    application for the office of precinct chair [chairman] may not be

20-50    filed earlier than the 90th day before the date of the regular

20-51    filing deadline.

20-52          SECTION 128.  Section 172.027, Election Code, is amended to

20-53    read as follows:

20-54          Sec. 172.027.  Statement on Petition.  The following

20-55    statement must appear at the top of each page of a petition to be

20-56    filed under Section 172.021:  "I know that the purpose of this

20-57    petition is to entitle (insert candidate's name) to have his or her

20-58    name placed on the ballot for the office of (insert office title,

20-59    including any place number or other distinguishing number) for the

20-60    (insert political party's name) primary election.  I understand

20-61    that by signing this petition I become ineligible to vote in a

20-62    primary election or participate in a convention of another party,

20-63    including a party not holding a primary election, during the voting

20-64    year in which this primary election is held."

20-65          SECTION 129.  Section 172.028, Election Code, is amended to

20-66    read as follows:

20-67          Sec. 172.028.  STATE CHAIR'S [CHAIRMAN'S] CERTIFICATION OF

20-68    NAMES FOR PLACEMENT ON GENERAL PRIMARY BALLOT.  (a)  Except as

20-69    provided by Subsection (c), the state chair [chairman] shall

 21-1    certify in writing for placement on the general primary election

 21-2    ballot the name of each candidate who files with the chair

 21-3    [chairman] an application that complies with Section 172.021(b).

 21-4          (b)  Not later than the 57th day before general primary

 21-5    election day, the state chair [chairman] shall deliver the

 21-6    certification to the county chair [chairman] in each county in

 21-7    which the candidate's name is to appear on the ballot.

 21-8          (c)  A candidate's name may not be certified:

 21-9                (1)  if, before delivering the certification, the state

21-10    chair [chairman] learns that the name is to be omitted from the

21-11    ballot under Section 172.057; or

21-12                (2)  for an office for which the candidate's

21-13    application is invalid under Section 141.033.

21-14          (d)  A copy of each certification shall be made available on

21-15    request, without charge, to each newspaper published in this state

21-16    and to each licensed radio and television station in this state.

21-17          SECTION 130.  Sections 172.029(a) and (c), Election Code, are

21-18    amended to read as follows:

21-19          (a)  For each general primary election, the state chair

21-20    [chairman] and each county chair [chairman] shall prepare a list

21-21    containing the name of each candidate who files an application for

21-22    a place on the ballot with the chair [him], as the name is to

21-23    appear on the ballot, and containing the candidate's address as

21-24    shown on the application.

21-25          (c)  Not later than the 10th day after the date of the

21-26    regular filing deadline for candidates' applications, the state

21-27    chair [chairman] shall deliver the chair's [his] list to the

21-28    secretary of state, and each county chair [chairman] shall deliver

21-29    a copy of the chair's [his] list to the county clerk, the state

21-30    chair [chairman], and the secretary of state.

21-31          SECTION 131.  Sections 172.054(a) and (b), Election Code, are

21-32    amended to read as follows:

21-33          (a)  The deadline for filing an application for a place on

21-34    the general primary election ballot is extended as provided by this

21-35    section if a candidate who has made an application that complies

21-36    with the applicable requirements:

21-37                (1)  dies on or after the fifth day before the date of

21-38    the regular filing deadline and on or before the 62nd day before

21-39    general primary election day;

21-40                (2)  holds the office for which the [his] application

21-41    was made and withdraws or is declared ineligible on or after the

21-42    date of the regular filing deadline and on or before the 62nd day

21-43    before general primary election day; or

21-44                (3)  withdraws or is declared ineligible during the

21-45    period prescribed by Subdivision (2), and at the time of the

21-46    withdrawal or declaration of ineligibility no other candidate has

21-47    made an application that complies with the applicable requirements

21-48    for the office sought by the withdrawn or ineligible candidate.

21-49          (b)  An application for an office sought by a withdrawn,

21-50    deceased, or ineligible candidate must be filed not later than 6

21-51    p.m. of the 60th day before general primary election day.  An

21-52    application filed by mail with the state chair [chairman] is not

21-53    timely if received later than 5 p.m. of the 60th day before general

21-54    primary election day.

21-55          SECTION 132.  Sections 172.055(c) and (d), Election Code, are

21-56    amended to read as follows:

21-57          (c)  Not later than 24 hours after the candidate withdraws or

21-58    is declared ineligible or after the authority preparing the notice

21-59    learns of the candidate's death, as applicable, the authority shall

21-60    deliver a copy of the notice to:

21-61                (1)  at least one daily newspaper published in the

21-62    county or, if none, at least one weekly newspaper published there,

21-63    if any, for a notice prepared by the county chair [chairman];

21-64                (2)  at least three daily newspapers that regularly

21-65    maintain a news representative at the State Capitol, for a notice

21-66    applicable to a statewide office; or

21-67                (3)  at least one daily newspaper published in each

21-68    county wholly or partly situated in the district or, if none, at

21-69    least one weekly newspaper published there, if any, for a notice

 22-1    prepared by the state chair [chairman] for a district office.

 22-2          (d)  A county or state chair's [chairman's] failure to

 22-3    perform a duty prescribed by this section is cause for the

 22-4    officer's removal by the executive committee over which the chair

 22-5    [he] presides.

 22-6          SECTION 133.  Section 172.056(b), Election Code, is amended

 22-7    to read as follows:

 22-8          (b)  The list prepared under this section is subject to the

 22-9    requirements prescribed by Section 172.029 except that the list

22-10    must be delivered to the secretary of state, county clerk, and

22-11    state chair [chairman], as applicable, not later than the seventh

22-12    day after the date of the extended deadline.

22-13          SECTION 134.  Section 172.058(c), Election Code, is amended

22-14    to read as follows:

22-15          (c)  In a race in which a runoff is required, if the deceased

22-16    or ineligible candidate received the vote that would entitle the

22-17    candidate [him] to a place on the runoff primary ballot or tied for

22-18    that number of votes, the candidates in the runoff shall be

22-19    determined in the regular manner but without regard to the votes

22-20    received by the deceased or ineligible candidate.

22-21          SECTION 135.  Section 172.059(b), Election Code, is amended

22-22    to read as follows:

22-23          (b)  A withdrawal request for the runoff primary must be

22-24    filed with the state chair [chairman], for a statewide or district

22-25    office, or with the county chair [chairman], for a county or

22-26    precinct office.

22-27          SECTION 136.  Section 172.061, Election Code, is amended to

22-28    read as follows:

22-29          Sec. 172.061.  Candidate for Party Office.  (a)  Except for

22-30    Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter

22-31    applies to a candidate for county chair [chairman] or precinct

22-32    chair [chairman].

22-33          (b)  If a runoff candidate for county chair [chairman] or

22-34    precinct chair [chairman] withdraws, the remaining candidate is

22-35    considered to be elected and the runoff election for that office is

22-36    not held.

22-37          SECTION 137.  Section 172.081, Election Code, is amended to

22-38    read as follows:

22-39          Sec. 172.081.  Primary Committee.  (a)  Except as provided by

22-40    Subsection (b), a primary committee is established in each county

22-41    having a county executive committee.  The primary committee

22-42    consists of:

22-43                (1)  the county chair [chairman]; and

22-44                (2)  four other members of the county executive

22-45    committee, appointed by the county chair [chairman] subject to the

22-46    executive committee's approval.

22-47          (b)  The county executive committee by resolution may provide

22-48    that the primary committee consist of more or fewer than five

22-49    members or that a primary committee not be established.  If a

22-50    primary committee is not established, the county chair [chairman]

22-51    shall perform the duties of the primary committee prescribed by

22-52    this chapter unless the county executive committee designates

22-53    another member of the committee for that purpose.

22-54          (c)  The county chair [chairman] serves as chair [chairman]

22-55    of the primary committee.

22-56          SECTION 138.  Section 172.082(e), Election Code, is amended

22-57    to read as follows:

22-58          (e)  The county chair [chairman] shall post notice of the

22-59    date, hour, and place of the drawing for at least 24 consecutive

22-60    hours immediately before the drawing begins.  The notice shall be

22-61    posted on the bulletin board used for posting notice of meetings of

22-62    the commissioners court.

22-63          SECTION 139.  Section 172.083, Election Code, is amended to

22-64    read as follows:

22-65          Sec. 172.083.  Review and Approval of Ballot by Primary

22-66    Committee.  Before having the official ballots for a general

22-67    primary election printed, the county chair [chairman] shall submit

22-68    the format for the official ballot to the primary committee for its

22-69    review and approval.

 23-1          SECTION 140.  Sections 172.084(c) and (d), Election Code, are

 23-2    amended to read as follows:

 23-3          (c)  The primary committee shall conduct the drawing for

 23-4    candidates for statewide and district offices at the county seat at

 23-5    a time designated by the county chair [chairman].

 23-6          (d)  The county chair [chairman] shall post notice of the

 23-7    date and hour of the drawing for candidates for statewide and

 23-8    district offices:

 23-9                (1)  for at least 24 consecutive hours immediately

23-10    before the drawing begins; and

23-11                (2)  not earlier than the day after the date the state

23-12    executive committee convenes to canvass the results of the general

23-13    primary.

23-14          SECTION 141.  Section 172.088(d), Election Code, is amended

23-15    to read as follows:

23-16          (d)  The petition must be filed with the state chair

23-17    [chairman] of the political party holding the primary to which the

23-18    petition applies before the date of the regular filing deadline for

23-19    candidates' applications for a place on the primary ballot.

23-20          SECTION 142.  Section 172.089, Election Code, is amended to

23-21    read as follows:

23-22          Sec. 172.089.  ORDER OF PARTY OFFICES ON BALLOT.  The party

23-23    offices of county chair [chairman] and precinct chair [chairman]

23-24    shall be listed on the primary election ballot after the public

23-25    offices with the office of county chair [chairman] listed first.

23-26          SECTION 143.  Section 172.090, Election Code, is amended to

23-27    read as follows:

23-28          Sec. 172.090.  SEPARATE BALLOT FOR OFFICE OF PRECINCT CHAIR

23-29    [CHAIRMAN].  (a)  In a primary election in which election precincts

23-30    are consolidated, the county executive committee may provide by

23-31    resolution, order, or other official action for voting in a

23-32    consolidated precinct by separate paper ballot for the office of

23-33    precinct chair [chairman].

23-34          (b)  The separate paper ballot for precinct chair [chairman]

23-35    must conform to the applicable standards governing regular paper

23-36    ballots, except that the ballot shall be limited to the office of

23-37    precinct chair [chairman].

23-38          (c)  The secretary of state shall prescribe the form of the

23-39    ballot for precinct chair [chairman] consistent with this section.

23-40          SECTION 144.  Section 172.1112(a), Election Code, is amended

23-41    to read as follows:

23-42          (a)  The county chair [chairman] shall post a notice of the

23-43    election and a notice of consolidated precincts, if applicable, in

23-44    the manner prescribed by Section 4.003(b) for general and special

23-45    elections.  The notice of the election shall be posted on the

23-46    bulletin board used for posting notice of meetings of the

23-47    commissioners court.

23-48          SECTION 145.  Section 172.112, Election Code, is amended to

23-49    read as follows:

23-50          Sec. 172.112.  Write-In Voting.  Write-in voting in a primary

23-51    election is not permitted except in the general primary election

23-52    for the offices of county chair [chairman] and precinct chair

23-53    [chairman].

23-54          SECTION 146.  Sections 172.113(a)-(e), Election Code, are

23-55    amended to read as follows:

23-56          (a)  The county chair [chairman] shall prepare the unofficial

23-57    tabulation of precinct results.

23-58          (b)  When the general custodian of election records for the

23-59    primary opens the precinct election records from the various

23-60    polling places, the custodian [he] shall deliver the precinct

23-61    returns to the county chair [chairman] for the purpose of preparing

23-62    the unofficial tabulation.

23-63          (c)  When the county chair [chairman] receives precinct

23-64    returns from the general custodian, the county chair [chairman]

23-65    shall enter the appropriate information on the unofficial

23-66    tabulation and immediately return the precinct returns to the

23-67    custodian.

23-68          (d)  The county chair [chairman] shall make the periodic

23-69    announcements of the current state of the tabulation.

 24-1          (e)  On completing the tabulation, the county chair

 24-2    [chairman] shall deliver it to the general custodian.

 24-3          SECTION 147.  Sections 172.116(b) and (e), Election Code, are

 24-4    amended to read as follows:

 24-5          (b)  The committee shall convene to conduct the local canvass

 24-6    at the county seat not earlier than 6 p.m. on the first Thursday or

 24-7    later than 1 p.m.  on the first Friday after election day at the

 24-8    hour specified by the county chair [chairman].

 24-9          (e)  Not later than the 20th day after the date the local

24-10    canvass is completed, the county chair [chairman] shall deliver the

24-11    committee's tabulation to the general custodian of election

24-12    records, who shall preserve it for the period for preserving the

24-13    precinct election records.

24-14          SECTION 148.  Section 172.117, Election Code, is amended to

24-15    read as follows:

24-16          Sec. 172.117.  Certification of Nominees for County and

24-17    Precinct Offices for Placement on General Election Ballot.

24-18    (a)  The county chair [chairman] shall certify in writing for

24-19    placement on the general election ballot the name and address of

24-20    each primary candidate who is nominated for a county or precinct

24-21    office.

24-22          (b)  Not later than the 20th day after the date the local

24-23    canvass is completed, the county chair [chairman] shall deliver the

24-24    certification to the authority responsible for having the official

24-25    general election ballot prepared.

24-26          (c)  A candidate's name may not be certified if, before

24-27    delivering the certification, the county chair [chairman] learns

24-28    that the name is to be omitted from the ballot under Section

24-29    145.035.

24-30          SECTION 149.  Sections 172.118(a), (b), and (d), Election

24-31    Code, are amended to read as follows:

24-32          (a)  Not later than the 20th day after the date the local

24-33    canvass is completed, the county chair [chairman] shall deliver

24-34    written notice to the state chair [chairman] and to the county

24-35    clerk of the names of the persons elected as county chair

24-36    [chairman] and precinct chairs [chairmen] for the county.

24-37          (b)  The notice must include each party officer's address and

24-38    each precinct chair's [chairman's] precinct number.

24-39          (d)  On request of the secretary of state, the state chair

24-40    [chairman] shall deliver to the secretary written notice of the

24-41    names and addresses of the party's county chairs [chairmen].

24-42          SECTION 150.  Section 172.119, Election Code, is amended to

24-43    read as follows:

24-44          Sec. 172.119.  County Election Returns.  (a)  The county

24-45    chair [chairman] shall prepare county election returns for the

24-46    statewide and district offices voted on in a primary election in

24-47    the same manner as the county returns for a general election are

24-48    prepared by the county clerk except that separate returns for the

24-49    offices of governor and lieutenant governor are not prepared.

24-50          (b)  The county chair [chairman] shall deliver the county

24-51    returns and retain a copy in the same manner as the county returns

24-52    for a general election are delivered and retained by the county

24-53    clerk except that the delivery shall be made to the state chair

24-54    [chairman].

24-55          SECTION 151.  Sections 172.120(b) and (f), Election Code, are

24-56    amended to read as follows:

24-57          (b)  The state executive committee shall convene to conduct

24-58    the state canvass for the general primary election on the second

24-59    Wednesday after general primary election day.  Not later than the

24-60    second Saturday after runoff primary election day, the committee

24-61    shall convene at the call of the state chair [chairman] to conduct

24-62    the state canvass of the runoff primary election.

24-63          (f)  Not later than the 20th day after the date the state

24-64    canvass is completed, the state chair [chairman] shall deliver the

24-65    committee's tabulation to the secretary of state, who shall

24-66    preserve it for the period for preserving the precinct election

24-67    records.

24-68          SECTION 152.  Section 172.121, Election Code, is amended to

24-69    read as follows:

 25-1          Sec. 172.121.  Certification of Candidates for Statewide and

 25-2    District Offices for Placement on Runoff Ballot.  (a)  The state

 25-3    chair [chairman] shall certify in writing for placement on the

 25-4    runoff primary election ballot the name of each general primary

 25-5    candidate for a statewide or district office who is to be a

 25-6    candidate in the runoff.

 25-7          (b)  The state chair [chairman] shall deliver the

 25-8    certification to the county chair [chairman] in each affected

 25-9    county as soon as practicable after the state canvass of the

25-10    general primary election is completed.

25-11          SECTION 153.  Section 172.122, Election Code, is amended to

25-12    read as follows:

25-13          Sec. 172.122.  Certification of Nominees for Statewide and

25-14    District Offices to Secretary of State.  (a)  The state chair

25-15    [chairman] shall certify in writing as the party's nominee the name

25-16    and address of each primary candidate who is nominated for a

25-17    statewide or district office.

25-18          (b)  Not later than the 20th day after the date the state

25-19    canvass is completed, the state chair [chairman] shall deliver the

25-20    certification to the secretary of state.

25-21          SECTION 154.  Sections 172.124(a) and (b), Election Code, are

25-22    amended to read as follows:

25-23          (a)  For each primary election, the county chair [chairman]

25-24    shall prepare a report of the number of votes, including early

25-25    voting votes, received in each county election precinct by each

25-26    candidate for a statewide office or the office of United States

25-27    representative, state senator, or state representative, as provided

25-28    by Section 67.017 for the report of precinct results for a general

25-29    election.

25-30          (b)  The county chair [chairman] shall deliver the report to

25-31    the secretary of state not later than the 30th day after primary

25-32    election day.

25-33          SECTION 155.  Section 173.004, Election Code, is amended to

25-34    read as follows:

25-35          Sec. 173.004.  STATE COMPENSATION OF COUNTY CHAIR [CHAIRMAN]

25-36    AND SECRETARY OF COUNTY EXECUTIVE COMMITTEE.  (a)  The total amount

25-37    paid with state funds in a particular primary election year for the

25-38    combined compensation of a county chair [chairman] and the

25-39    secretary, if any, of the county executive committee presided over

25-40    by the chair [chairman] may not be:

25-41                (1)  less than $300; or

25-42                (2)  more than the lesser of

25-43                      (A)  $8,000; or

25-44                      (B)  five percent of the total expenses incurred

25-45    by the political party in holding primary elections in the county

25-46    that year, exclusive of the combined annual compensation of the

25-47    county chair [chairman] and secretary.

25-48          (b)  The status of a county executive committee's secretary

25-49    as a committee member does not affect the applicability of this

25-50    section.

25-51          SECTION 156.  Section 173.008(b), Election Code, is amended

25-52    to read as follows:

25-53          (b)  The secretary of state may limit the total state

25-54    compensation payable to persons employed to assist a county chair

25-55    [chairman] in connection with a primary election.

25-56          SECTION 157.  Section 173.010, Election Code, is amended to

25-57    read as follows:

25-58          Sec. 173.010.  Furnishing Rules.  During November preceding

25-59    each primary election year, the secretary of state shall deliver to

25-60    the state chair [chairman] and each county chair [chairman] of each

25-61    political party holding a primary election a current set of the

25-62    rules adopted under this subchapter.  If a rule or amendment of a

25-63    rule is adopted after delivery of the set, the secretary shall

25-64    deliver a copy of the rule or amendment not later than the 10th day

25-65    after the date of its adoption.

25-66          SECTION 158.  Section 173.031(b), Election Code, is amended

25-67    to read as follows:

25-68          (b)  The county primary fund consists of:

25-69                (1)  the filing fees required to be deposited in the

 26-1    fund under Subchapter C;

 26-2                (2)  the state funds paid to the county chair

 26-3    [chairman] under Subchapter D;

 26-4                (3)  the contributions to the county executive

 26-5    committee for the purpose of defraying primary election expenses;

 26-6    and

 26-7                (4)  the income earned by the fund.

 26-8          SECTION 159.  Section 173.032(b), Election Code, is amended

 26-9    to read as follows:

26-10          (b)  The state primary fund consists of:

26-11                (1)  the filing fees required to be deposited in the

26-12    fund under Subchapter C;

26-13                (2)  the state funds paid to the state chair [chairman]

26-14    under Subchapter D;

26-15                (3)  the contributions to the state executive committee

26-16    for the purpose of defraying primary election expenses; and

26-17                (4)  the income earned by the fund.

26-18          SECTION 160.  Sections 173.033(a) and (b), Election Code, are

26-19    amended to read as follows:

26-20          (a)  The county primary fund shall be used to pay expenses

26-21    incurred by the county chair [chairman] or county executive

26-22    committee in connection with a primary election.

26-23          (b)  The state primary fund shall be used to pay expenses

26-24    incurred by the state chair [chairman] or state executive committee

26-25    in connection with a primary election.

26-26          SECTION 161.  Sections 173.036(a) and (b), Election Code, are

26-27    amended to read as follows:

26-28          (a)  The secretary of state may approve an expenditure of

26-29    state funds for an audit of the state primary fund on request of

26-30    the state chair [chairman] or a county primary fund on request of a

26-31    county chair [chairman].

26-32          (b)  On receipt of written certification of the amount

26-33    approved by the secretary of state for an audit, the comptroller of

26-34    public accounts shall issue a warrant for that amount payable to

26-35    the state or county chair [chairman] making the request.

26-36          SECTION 162.  Section 173.061, Election Code, is amended to

26-37    read as follows:

26-38          Sec. 173.061.  FEE PAID TO COUNTY CHAIR [CHAIRMAN].  The

26-39    county chair [chairman] shall deposit in the county primary fund

26-40    each filing fee accompanying an application for a place on the

26-41    ballot filed with the county chair [chairman].

26-42          SECTION 163.  Section 173.062, Election Code, is amended to

26-43    read as follows:

26-44          Sec. 173.062.  FEE PAID TO STATE CHAIR [CHAIRMAN] ALLOCATED

26-45    AMONG COUNTY COMMITTEES.  (a)  The state chair [chairman] shall

26-46    allocate the filing fee for a district office accompanying an

26-47    application for a place on the ballot filed with the state chair

26-48    [chairman] during the regular filing period among the county

26-49    executive committees serving the counties comprising the district.

26-50          (b)  Each committee's allocation is equal to the quotient

26-51    obtained by dividing the amount of the filing fee by the number of

26-52    counties wholly or partly in the district.

26-53          (c)  The state chair [chairman] shall deliver each

26-54    committee's allocation to the county chair [chairman] not later

26-55    than the 10th day after the date of the regular filing deadline.

26-56          (d)  On receipt of the allocation, the county chair

26-57    [chairman] shall deposit it in the county primary fund.

26-58          SECTION 164.  Section 173.063, Election Code, is amended to

26-59    read as follows:

26-60          Sec. 173.063.  FEE RETAINED BY STATE CHAIR [CHAIRMAN].  The

26-61    state chair [chairman] shall deposit in the state primary fund each

26-62    filing fee accompanying an application for a place on the ballot

26-63    filed with the state chair [chairman]:

26-64                (1)  for a statewide office; or

26-65                (2)  for a district office if the application is filed

26-66    after the regular filing deadline.

26-67          SECTION 165.  Section 173.064, Election Code, is amended to

26-68    read as follows:

26-69          Sec. 173.064.  REPORT OF FEES BY STATE CHAIR [CHAIRMAN].

 27-1    (a)  The state chair [chairman] shall prepare a report of the

 27-2    filing fees accompanying applications for a place on the ballot

 27-3    filed with the state chair [chairman] during the regular filing

 27-4    period.

 27-5          (b)  The report must include, for each office for which an

 27-6    application is filed, the total number of applications and the

 27-7    total amount of filing fees paid.

 27-8          (c)  The state chair [chairman] shall deliver the report to

 27-9    the secretary of state not later than the 10th day after the date

27-10    of the regular filing deadline.

27-11          SECTION 166.  Sections 173.081(a), (c), and (f), Election

27-12    Code, are amended to read as follows:

27-13          (a)  Regardless of whether state funds are requested for

27-14    paying primary expenses, a written statement of estimated expenses

27-15    to be incurred in connection with a primary election shall be

27-16    submitted to the secretary of state by:

27-17                (1)  the county chair [chairman], for expenses of the

27-18    county chair [chairman] or county executive committee; or

27-19                (2)  the state chair [chairman], for expenses of the

27-20    state chair [chairman] or state executive committee.

27-21          (c)  A statement for a general primary election must also:

27-22                (1)  state the amount of:

27-23                      (A)  the primary candidates' filing fees required

27-24    to be deposited in the county primary fund if the statement is

27-25    submitted by a county chair [chairman], or in the state primary

27-26    fund if the statement is submitted by the state chair [chairman],

27-27    that have been received by the authority submitting the statement;

27-28    and

27-29                      (B)  the contributions to the county executive

27-30    committee if the statement is submitted by a county chair

27-31    [chairman], or to the state executive committee if the statement is

27-32    submitted by the state chair [chairman], that:

27-33                            (i)  are for the purpose of defraying

27-34    primary election expenses; and

27-35                            (ii)  have not been included in a report

27-36    filed under Section 173.084 for a previous primary election year;

27-37    and

27-38                (2)  be submitted not later than the 45th day before

27-39    general primary election day.

27-40          (f)  A statement submitted by a county chair [chairman] must

27-41    also include a notice of the county election precincts to be

27-42    consolidated for the election, if any.

27-43          SECTION 167.  Section 173.082(e), Election Code, is amended

27-44    to read as follows:

27-45          (e)  Expenses incurred in connection with an application for

27-46    a place on the ballot for the office of precinct chair [chairman]

27-47    filed before the 30th day before the date of the regular filing

27-48    deadline may not be paid with state funds.

27-49          SECTION 168.  Sections 173.083(c)-(e), Election Code, are

27-50    amended to read as follows:

27-51          (c)  After determining the amount of estimated primary

27-52    expenses to approve under Section 173.082 for a general or runoff

27-53    primary, the secretary of state shall calculate the amount of the

27-54    installment payable under Subsection (b)(1) or (2), as applicable.

27-55    The secretary shall then prepare and deliver to the comptroller of

27-56    public accounts a certified statement indicating the amount of the

27-57    installment, the total amount of estimated general or runoff

27-58    primary expenses payable with state funds, and the name of the

27-59    county or state chair [chairman] who submitted the statement of

27-60    estimated primary election expenses.

27-61          (d)  The final installment may not be paid until a report is

27-62    filed in compliance with Section 173.084 and, in the case of a

27-63    county chair [chairman], a report is also filed in compliance with

27-64    Section 172.124.  On the filing of the report, the secretary of

27-65    state shall calculate the amount of the final installment and

27-66    prepare and deliver to the comptroller of public accounts a

27-67    certified statement indicating that amount and the appropriate

27-68    county or state chair's [chairman's] name.

27-69          (e)  On receipt of a certified statement under Subsection (c)

 28-1    or (d), the comptroller of public accounts shall issue a warrant in

 28-2    the certified amount of the installment payable to the county or

 28-3    state chair [chairman] identified by the statement.

 28-4          SECTION 169.  Section 173.0831, Election Code, is amended to

 28-5    read as follows:

 28-6          Sec. 173.0831.  State Payment of Start-Up Primary Funds.

 28-7    (a)  Not later than the 30th day before the beginning date of the

 28-8    regular filing period for public offices in the general primary

 28-9    election, a county chair [chairman] may submit to the secretary of

28-10    state a written statement of estimated primary election expenses.

28-11          (b)  Not later than the 10th day after the date the statement

28-12    is received, the secretary of state shall have disbursed to the

28-13    county chair [chairman] start-up funds in an amount equal to 10

28-14    percent of the amount approved for and expended by the county chair

28-15    [chairman] and executive committee in the preceding general primary

28-16    election.

28-17          SECTION 170.  Sections 173.084(a), (b), and (d), Election

28-18    Code, are amended to read as follows:

28-19          (a)  Regardless of whether state funds are requested for

28-20    paying primary expenses, each county chair [chairman] and state

28-21    chair [chairman] shall prepare a report that includes:

28-22                (1)  an itemized list of the actual expenses incurred

28-23    in connection with the general and runoff primaries by the

28-24    authority preparing the report and by the executive committee over

28-25    which the authority presides;

28-26                (2)  the amount of the primary candidates' filing fees

28-27    required to be deposited in the county primary fund if the report

28-28    is by a county chair [chairman], or in the state primary fund if

28-29    the report is by the state chair [chairman];

28-30                (3)  the amount of filing fees that have been refunded;

28-31                (4)  the amount of the contributions to the executive

28-32    committee over which the authority preparing the report presides

28-33    that:

28-34                      (A)  are for the purpose of defraying primary

28-35    election expenses; and

28-36                      (B)  have not been included in a report filed

28-37    under this section for a previous primary election year; and

28-38                (5)  the balance in the county primary fund if the

28-39    report is by a county chair [chairman], or in the state primary

28-40    fund if the report is by the state chair [chairman], that remains

28-41    after deducting the primary election expenses actually incurred and

28-42    the refunded filing fees.

28-43          (b)  The authority preparing the report shall file it with

28-44    the secretary of state not later than the 30th day after runoff

28-45    primary election day or not later than the 30th day after general

28-46    primary election day if no runoff primary is held in the county, in

28-47    the case of the county chair's [chairman's] report, or if no runoff

28-48    primary is held for a statewide or district office, in the case of

28-49    the state chair's [chairman's] report.  The secretary for good

28-50    cause may extend the filing deadline.

28-51          (d)  Any compensation claimed under Section 173.004 may be

28-52    forfeited on the failure of a county chair [chairman] to file a

28-53    timely report.

28-54          SECTION 171.  Section 173.085(b), Election Code, is amended

28-55    to read as follows:

28-56          (b)  To obtain state compensation for an excess expense, the

28-57    county chair [chairman] or state chair [chairman], as applicable,

28-58    must include in the report required by Section 173.084:

28-59                (1)  an identification of the item for which the excess

28-60    expense was incurred;

28-61                (2)  the amount of the excess; and

28-62                (3)  an explanation of the reason for exceeding the

28-63    estimate.

28-64          SECTION 172.  Section 173.0851(a), Election Code, is amended

28-65    to read as follows:

28-66          (a)  Any surplus remaining in a primary fund shall be

28-67    remitted to the secretary of state immediately after the final

28-68    payment from the fund of the necessary expenses for holding the

28-69    primary elections for that year, but not later than July 1

 29-1    following the applicable primary election.  The surplus in a

 29-2    primary fund shall be remitted regardless of whether state funds

 29-3    were requested by the chair [chairman].

 29-4          SECTION 173.  Section 173.087, Election Code, is amended to

 29-5    read as follows:

 29-6          Sec. 173.087.  LIABILITY OF COUNTY CHAIR [CHAIRMAN] AND

 29-7    COUNTY EXECUTIVE COMMITTEE.  The county executive committee is not

 29-8    liable for the debts incurred by the committee or the county chair

 29-9    [chairman] in connection with a primary election that are unpaid

29-10    because the legislative appropriation is insufficient.  The county

29-11    chair [chairman] or any other member of the county executive

29-12    committee is not personally liable for those debts.

29-13          SECTION 174.  Section 173.088, Election Code, is amended to

29-14    read as follows:

29-15          Sec. 173.088.  Availability of Guidelines.  The secretary of

29-16    state shall make available to each county and state chair

29-17    [chairman], for use in preparing statements and reports under this

29-18    chapter, any guidelines the secretary prescribes for determining

29-19    the necessity of primary election expenses.

29-20          SECTION 175.  Section 174.003, Election Code, is amended to

29-21    read as follows:

29-22          Sec. 174.003.  Delegate to be Qualified Voter.  In addition

29-23    to the requirement of party affiliation, to be eligible to serve as

29-24    a delegate to a county, senatorial district, or state convention

29-25    held under this chapter, a person must be a qualified voter of the

29-26    territory that the person [he] is selected to represent or a

29-27    resident of that territory who is eligible to vote a limited

29-28    ballot.

29-29          SECTION 176.  Section 174.022(b), Election Code, is amended

29-30    to read as follows:

29-31          (b)  Not later than the date of the regular drawing for

29-32    position on the general primary election ballot, the county

29-33    executive committee shall set the hour and place for convening each

29-34    precinct convention for the precincts served by the committee.  If

29-35    the county executive committee fails to do so, the county chair

29-36    [chairman] shall set the hour and place.

29-37          SECTION 177.  Section 174.023, Election Code, is amended to

29-38    read as follows:

29-39          Sec. 174.023.  Notice of Hour and Place.  (a)  The county

29-40    chair [chairman] shall post a notice of the hour and place for

29-41    convening each precinct convention on the bulletin board used for

29-42    posting notice of meetings of the commissioners court.  The notice

29-43    must remain posted continuously for the 10 days immediately

29-44    preceding the date of the convention.

29-45          (b)  Not later than the 10th day before the date of the

29-46    precinct conventions, the county chair [chairman] shall deliver to

29-47    the county clerk written notice of the hour and place for convening

29-48    each precinct convention.

29-49          (c)  If the county chair [chairman] fails to post or deliver

29-50    notice in accordance with this section, another member of the

29-51    county executive committee may post or deliver the notice.

29-52          SECTION 178.  Section 174.025, Election Code, is amended to

29-53    read as follows:

29-54          Sec. 174.025.  Organizing the Convention.  (a)  The precinct

29-55    chair [chairman] is the temporary chair [chairman] of the precinct

29-56    convention held under this subchapter.

29-57          (b)  If the precinct chair [chairman] is absent, a person who

29-58    is eligible to participate in the convention may act as temporary

29-59    chair [chairman].

29-60          (c)  Before conducting business, the temporary chair

29-61    [chairman] shall prepare a list containing the name and residence

29-62    address of each person who is admitted to participate in the

29-63    convention.

29-64          (d)  The temporary chair [chairman] shall call the convention

29-65    to order.

29-66          (e)  The convention shall select a convention chair

29-67    [chairman] and a convention secretary.  The convention may select

29-68    any other officers considered necessary to conduct the convention's

29-69    business.

 30-1          SECTION 179.  Sections 174.027(a)-(e), Election Code, are

 30-2    amended to read as follows:

 30-3          (a)  The convention chair [chairman] shall prepare, sign, and

 30-4    make a copy of a list of the names and residence addresses of the

 30-5    delegates and any alternates selected by the convention.

 30-6          (b)  The convention chair [chairman] shall sign and make a

 30-7    copy of the list of precinct convention participants required by

 30-8    Section 174.025(c).

 30-9          (c)  The convention chair [chairman] shall deliver the

30-10    originals and copies of the lists to the county chair [chairman]

30-11    not later than the third day after the date of the precinct

30-12    convention, except that if delivered by mail, they shall be

30-13    deposited in the mail not later than the second day after the date

30-14    of the precinct convention.

30-15          (d)  The county chair [chairman] shall retain the copies of

30-16    the lists until the end of the voting year in which they are

30-17    received.

30-18          (e)  If senatorial district conventions will be held in the

30-19    county, the county chair [chairman] shall deliver the originals of

30-20    the lists to the temporary chairs [chairmen] of the senatorial

30-21    district conventions before the conventions convene.

30-22          SECTION 180.  Section 174.063(c), Election Code, is amended

30-23    to read as follows:

30-24          (c)  The hour and place for the convening of a senatorial

30-25    district convention shall be set in the same manner as for the

30-26    precinct conventions held under this chapter, except that only

30-27    those members of the county executive committee who are the

30-28    precinct chairs [chairmen] for the precincts in the territory

30-29    represented at the senatorial district convention may participate

30-30    in setting the convention's hour and place, and if they fail to do

30-31    so, the temporary chair [chairman] of the senatorial district

30-32    convention shall set the hour and place.

30-33          SECTION 181.  Sections 174.064(c) and (d), Election Code, are

30-34    amended to read as follows:

30-35          (c)  The county chair [chairman] shall post and deliver the

30-36    notice of a county convention.  The temporary chair [chairman] of a

30-37    senatorial district convention shall post and deliver the notice of

30-38    the senatorial district convention.

30-39          (d)  If the county chair [chairman] fails to post or deliver

30-40    notice in accordance with this section, another member of the

30-41    county executive committee may post or deliver the notice.  If the

30-42    temporary chair [chairman] of a senatorial district convention

30-43    fails to post or deliver notice in accordance with this section,

30-44    another member of the county executive committee who may

30-45    participate in setting the convention's hour and place may post or

30-46    deliver the notice.

30-47          SECTION 182.  Section 174.065, Election Code, is amended to

30-48    read as follows:

30-49          Sec. 174.065.  Organizing the Convention.  (a)  The county

30-50    chair [chairman] is the temporary chair [chairman] of a county

30-51    convention held under this subchapter.  If a senatorial district is

30-52    situated in more than one county, the senatorial district executive

30-53    committee member [committeeman] from each county is the temporary

30-54    chair [chairman] of the senatorial district convention held in the

30-55    territory that the committee member [he] represents.  If a

30-56    senatorial district is not situated in more than one county, the

30-57    chair [chairman] of the district executive committee is the

30-58    temporary chair [chairman] of the senatorial district convention.

30-59          (b)  If the person designated as temporary chair [chairman]

30-60    by Subsection (a) is absent, a delegate to the convention may act

30-61    as temporary chair [chairman].

30-62          (c)  The temporary chair [chairman] shall call the convention

30-63    to order and deliver the lists of delegates prepared under Section

30-64    174.027 to the convention.

30-65          (d)  The convention shall select a convention chair

30-66    [chairman] and a convention secretary from among the delegates

30-67    present.  The convention may select any other officers considered

30-68    necessary to conduct the convention's business.

30-69          SECTION 183.  Section 174.069, Election Code, is amended to

 31-1    read as follows:

 31-2          Sec. 174.069.  Record of Delegates.  (a)  The chair

 31-3    [chairman] of a county or senatorial district convention shall

 31-4    prepare and sign a list of the names and residence addresses of the

 31-5    delegates and any alternate delegates to the state convention

 31-6    selected by the convention.

 31-7          (b)  The convention chair [chairman] shall deliver the list

 31-8    to the state chair [chairman] not later than the fifth day after

 31-9    the date the convention adjourns.

31-10          SECTION 184.  Section 174.092(b), Election Code, is amended

31-11    to read as follows:

31-12          (b)  Not later than the date the state chair [chairman]

31-13    delivers to the county chairs [chairmen] the certification of names

31-14    for placement on the general primary election ballot, the state

31-15    executive committee shall set the date, hour, and place for

31-16    convening the state convention.

31-17          SECTION 185.  Section 174.093, Election Code, is amended to

31-18    read as follows:

31-19          Sec. 174.093.  Notice of Time and Place.  Before the date of

31-20    the party's precinct conventions held under this chapter, the state

31-21    chair [chairman] shall deliver written notice of the date, hour,

31-22    and place for convening the biennial state convention to the

31-23    secretary of state, each county chair [chairman], and each

31-24    temporary chair [chairman] of a senatorial district convention.

31-25          SECTION 186.  Section 174.094, Election Code, is amended to

31-26    read as follows:

31-27          Sec. 174.094.  Organizing the Convention.  (a)  The state

31-28    chair [chairman] is the temporary chair [chairman] of the biennial

31-29    state convention.

31-30          (b)  The temporary chair [chairman] shall call the convention

31-31    to order.

31-32          (c)  The temporary chair [chairman] shall prepare a list of

31-33    the names and residence addresses of the delegates and any

31-34    alternate delegates to the convention and shall deliver the list to

31-35    the convention.

31-36          (d)  The convention shall select a convention chair

31-37    [chairman] and a convention secretary.  The convention may select

31-38    any other officers considered necessary to conduct the convention's

31-39    business.

31-40          SECTION 187.  Section 174.097, Election Code, is amended to

31-41    read as follows:

31-42          Sec. 174.097.  Attendance by Public Officers.  A nominee for

31-43    or holder of an office of the state or federal government is

31-44    entitled to attend a state convention of the nominee's or

31-45    officeholder's [his] party but may not vote in the convention

31-46    unless serving as a delegate.

31-47          SECTION 188.  Section 181.004, Election Code, is amended to

31-48    read as follows:

31-49          Sec. 181.004.  Party Organization.  (a)  A political party

31-50    making nominations under this chapter shall:

31-51                (1)  establish a state executive committee;

31-52                (2)  establish a county executive committee for each

31-53    county in which the party will hold a county convention; and

31-54                (3)  select a precinct chair [chairman] for each

31-55    election precinct in which the party will hold a precinct

31-56    convention.

31-57          (b)  The party shall provide by rule for the selection of a

31-58    chair [chairman] of the state executive committee and each county

31-59    executive committee.

31-60          SECTION 189.  Sections 181.006(b), (e), and (h), Election

31-61    Code, are amended to read as follows:

31-62          (b)  A petition must:

31-63                (1)  satisfy the requirements prescribed by Section

31-64    141.062 for a candidate's petition;

31-65                (2)  contain signatures in a number that, when added to

31-66    the number of convention participants indicated on the lists,

31-67    equals at least one percent of the total number of votes received

31-68    by all candidates for governor in the most recent gubernatorial

31-69    general election; and

 32-1                (3)  be filed with the secretary of state by the state

 32-2    chair [chairman] before the deadline for filing the lists of

 32-3    precinct convention participants.

 32-4          (e)  A copy of a request for the withdrawal of a signature

 32-5    must be delivered to the state chair [chairman] at the time the

 32-6    withdrawal request is filed.

 32-7          (h)  A signature is invalid if the person signed the petition

 32-8    subsequent to [his] signing a petition to qualify another political

 32-9    party to have the names of its nominees placed on the ballot for

32-10    the same election, whether the other party is circulating the

32-11    petition under this chapter or under Chapter 182.

32-12          SECTION 190.  Section 181.032(a), Election Code, is amended

32-13    to read as follows:

32-14          (a)  An application for nomination by a convention must be

32-15    filed with:

32-16                (1)  the state chair [chairman], for a statewide or

32-17    district office; or

32-18                (2)  the county chair [chairman], for a county or

32-19    precinct office.

32-20          SECTION 191.  Section 181.034(a), Election Code, is amended

32-21    to read as follows:

32-22          (a)  A political party shall provide by rule for transmitting

32-23    information regarding applications for nomination to the chair

32-24    [chairman] of the appropriate convention.

32-25          SECTION 192.  Section 181.066, Election Code, is amended to

32-26    read as follows:

32-27          Sec. 181.066.  Organizing Precinct Convention.  (a)  The

32-28    precinct chair [chairman] is the temporary chair [chairman] of a

32-29    precinct convention held under this chapter.

32-30          (b)  Before conducting business, the temporary chair

32-31    [chairman] shall prepare a list containing the name and residence

32-32    address of each person who is admitted to participate in the

32-33    convention.

32-34          (c)  The temporary chair [chairman] shall call the convention

32-35    to order.

32-36          (d)  The convention shall select a convention chair

32-37    [chairman].  The convention may select any other officers

32-38    considered necessary to conduct the convention's business.

32-39          SECTION 193.  Section 181.067, Election Code, is amended to

32-40    read as follows:

32-41          Sec. 181.067.  Delivery of List of Precinct Convention

32-42    Participants.  (a)  The chair [chairman] of a precinct convention

32-43    shall sign and make a copy of the list of precinct convention

32-44    participants required by Section 181.066(b).

32-45          (b)  The convention chair [chairman] shall deliver the

32-46    original and copy to the county chair [chairman] not later than the

32-47    third day after the date of the precinct convention, except that if

32-48    delivered by mail they shall be deposited in the mail not later

32-49    than the second day after the date of the precinct convention.

32-50          (c)  If the party is required to nominate by convention, the

32-51    convention chair [chairman] shall make an additional copy of the

32-52    list and deliver it to the state chair [chairman] not later than

32-53    the third day after the date of the precinct convention.

32-54          SECTION 194.  Section 182.002, Election Code, is amended to

32-55    read as follows:

32-56          Sec. 182.002.  Party Organization.  A political party making

32-57    nominations under this chapter shall:

32-58                (1)  establish a county executive committee for each

32-59    county in which the party will hold a county convention;

32-60                (2)  select a chair [chairman] for each county

32-61    executive committee; and

32-62                (3)  select a precinct chair [chairman] for each

32-63    election precinct in which the party will hold a precinct

32-64    convention.

32-65          SECTION 195.  Sections 182.004(b) and (e), Election Code, are

32-66    amended to read as follows:

32-67          (b)  A petition must:

32-68                (1)  satisfy the requirements prescribed by Section

32-69    141.062 for a candidate's petition;

 33-1                (2)  contain signatures in a number that, when added to

 33-2    the number of convention participants indicated on the lists,

 33-3    equals at least three percent of the total number of votes received

 33-4    in the county by all candidates for governor in the most recent

 33-5    gubernatorial general election; and

 33-6                (3)  be filed with the county clerk by the county chair

 33-7    [chairman] before the deadline for filing the lists of precinct

 33-8    convention participants.

 33-9          (e)  A copy of a request for the withdrawal of a signature

33-10    must be delivered to the county chair [chairman] when the

33-11    withdrawal request is filed.

33-12          SECTION 196.  Section 182.007, Election Code, is amended to

33-13    read as follows:

33-14          Sec. 182.007.  Party's Certification of Nominees.  (a)  The

33-15    county chair [chairman] shall certify in writing for placement on

33-16    the general election ballot the name and address of each of the

33-17    political party's nominees.

33-18          (b)  Not later than the 20th day after the date of the county

33-19    convention, the county chair [chairman] shall deliver the

33-20    certification to the authority responsible for having the official

33-21    general election ballot prepared in the county.

33-22          (c)  The county chair [chairman] may not certify a

33-23    candidate's name if, before delivering the certification, the

33-24    county chair [chairman] learns that the name is to be omitted from

33-25    the ballot under Section 145.035.

33-26          SECTION 197.  Section 191.002(c), Election Code, is amended

33-27    to read as follows:

33-28          (c)  A person may not sign petitions supporting more than one

33-29    presidential candidate in the same primary, and, if a person does

33-30    so, the person's signature is void as to all petitions the person

33-31    [he] signs.

33-32          SECTION 198.  Section 191.003, Election Code, is amended to

33-33    read as follows:

33-34          Sec. 191.003.  Notice of Candidates to Secretary of State.

33-35    The state chair [chairman] of each political party holding a

33-36    presidential primary election shall certify the name of each

33-37    presidential candidate who qualifies for a place on the

33-38    presidential primary election ballot and deliver the certification

33-39    to the secretary of state not later than the 57th day before

33-40    presidential primary election day.

33-41          SECTION 199.  Section 191.031(c), Election Code, is amended

33-42    to read as follows:

33-43          (c)  Before the date of the party's precinct conventions, the

33-44    party's state chair [chairman] shall deliver written notice of the

33-45    date, hour, and place for the state convention to:

33-46                (1)  the secretary of state;

33-47                (2)  each county chair [chairman] of the party; and

33-48                (3)  the temporary chair [chairman] of each senatorial

33-49    district convention of the party.

33-50          SECTION 200.  Sections 192.004(a) and (d), Election Code, are

33-51    amended to read as follows:

33-52          (a)  An elector candidate may withdraw from the presidential

33-53    election before presidential election day, by delivering written

33-54    notice of the withdrawal to:

33-55                (1)  the secretary of state; and

33-56                (2)  the state chair [chairman] of the party that

33-57    nominated the elector candidate or to the independent or write-in

33-58    candidate for president who named the elector candidate.

33-59          (d)  If a political party's rules do not provide the manner

33-60    of choosing a replacement elector candidate, the party's state

33-61    executive committee may choose the replacement candidate.  The

33-62    state chair [chairman] of a political party naming a replacement

33-63    elector candidate must file with the secretary of state, before

33-64    presidential election day, the name and residence address of the

33-65    replacement candidate.

33-66          SECTION 201.  Section 192.006(b), Election Code, is amended

33-67    to read as follows:

33-68          (b)  The secretary of state shall arrange for the meeting

33-69    place, notify the electors, and call the meeting to order.  The

 34-1    secretary shall act as temporary chair [chairman] of the meeting

 34-2    until the electors elect a chair [chairman] from among themselves.

 34-3          SECTION 202.  Section 192.007(b), Election Code, is amended

 34-4    to read as follows:

 34-5          (b)  The chair [chairman] of the electors shall notify the

 34-6    secretary of state of the name and residence address of a

 34-7    replacement elector immediately on the replacement's appointment.

 34-8          SECTION 203.  Section 192.031, Election Code, is amended to

 34-9    read as follows:

34-10          Sec. 192.031.  Party Candidate's Entitlement to Place on

34-11    Ballot.  A political party is entitled to have the names of its

34-12    nominees for president and vice-president of the United States

34-13    placed on the ballot in a presidential general election if:

34-14                (1)  the nominees possess the qualifications for those

34-15    offices prescribed by federal law;

34-16                (2)  before 5 p.m. of the 60th day before presidential

34-17    election day, the party's state chair [chairman] signs and delivers

34-18    to the secretary of state a written certification of:

34-19                      (A)  the names of the party's nominees for

34-20    president and vice-president; and

34-21                      (B)  the names and residence addresses of

34-22    presidential elector candidates nominated by the party, in a number

34-23    equal to the number of presidential electors that federal law

34-24    allocates to this state; and

34-25                (3)  the party is:

34-26                      (A)  required or authorized by Subchapter A of

34-27    Chapter 172 to make its nominations by primary election; or

34-28                      (B)  entitled to have the names of its nominees

34-29    placed on the general election ballot under Chapter 181.

34-30          SECTION 204.  Section 192.037(b), Election Code, is amended

34-31    to read as follows:

34-32          (b)  A vote shall be counted for both candidates of a set of

34-33    candidates for president and vice-president if:

34-34                (1)  the ballot is marked to indicate that the voter is

34-35    voting for one of the two candidates;

34-36                (2)  the ballot is marked to indicate that the voter is

34-37    not voting for the other candidate in the set; and

34-38                (3)  the voter has not:

34-39                      (A)  indicated a vote for a presidential or

34-40    vice-presidential candidate of another set; or

34-41                      (B)  written in the name of a person for whom the

34-42    voter [that he] desires to vote [for] instead of the candidate for

34-43    whom the voter [he] is not voting [for] under Subdivision (2).

34-44          SECTION 205.  Sections 192.062(a) and (b), Election Code, are

34-45    amended to read as follows:

34-46          (a)  The secretary of state shall certify in writing for

34-47    placement on the ballot the name of a political party's replacement

34-48    nominee for president or vice-president of the United States if:

34-49                (1)  the original nominee withdraws, dies, or is

34-50    declared ineligible on or before the 65th day before presidential

34-51    election day; and

34-52                (2)  the party's state chair [chairman] delivers

34-53    certification of the replacement nominee's name, signed by the

34-54    state chair [chairman], to the secretary of state not later than 5

34-55    p.m. of the 60th day before presidential election day.

34-56          (b)  If the state chair's [chairman's] certification of a

34-57    replacement nominee is delivered by mail, it is considered to be

34-58    delivered at the time of its receipt by the secretary of state.

34-59          SECTION 206.  Sections 211.007(b)-(d), Election Code, are

34-60    amended to read as follows:

34-61          (b)  A recount coordinator shall retain the recount papers in

34-62    the coordinator's [his] possession for the longest of the following

34-63    periods:

34-64                (1)  the period for preserving the precinct election

34-65    records;

34-66                (2)  60 days after the date the canvass of the recount

34-67    is completed;

34-68                (3)  30 days after the date assessed costs are finally

34-69    settled; or

 35-1                (4)  30 days after the date an amount owed by a person

 35-2    against whom costs are assessed is referred for collection.

 35-3          (c)  If a recount supervisor is also the recount coordinator

 35-4    for a recount, the papers accumulated in the officer's capacity as

 35-5    supervisor shall be retained for the same period as those

 35-6    accumulated in the officer's [his] capacity as coordinator.

 35-7          (d)  A recount supervisor who is not the recount coordinator

 35-8    shall retain the recount papers in the supervisor's [his]

 35-9    possession for the longest of the following periods:

35-10                (1)  the period for preserving the precinct election

35-11    records;

35-12                (2)  60 days after the date recount costs for payment

35-13    of claimants are certified; or

35-14                (3)  if costs in the supervisor's jurisdiction are

35-15    assessed against a person, six months after the date a statement of

35-16    costs incurred in the supervisor's jurisdiction is delivered to the

35-17    recount coordinator.

35-18          SECTION 207.  Section 212.022, Election Code, is amended to

35-19    read as follows:

35-20          Sec. 212.022.  Obtaining Initial Recount in Election on

35-21    Office.  Except as provided by Section 212.0241, a candidate for

35-22    nomination or election to an office may obtain an initial recount

35-23    in an election in which the person [he] was a candidate if:

35-24                (1)  the difference in the number of votes received by

35-25    the candidate [him] and any candidate for the office who is shown

35-26    by the election returns to be nominated, elected, or entitled to a

35-27    place on a runoff ballot or tied for nomination, election, or

35-28    entitlement to a place on a runoff ballot is less than 10 percent

35-29    of that candidate's number of votes;

35-30                (2)  the candidate is shown by the election returns to

35-31    be entitled to a place on a runoff ballot or tied for nomination,

35-32    election, or entitlement to a place on a runoff ballot;

35-33                (3)  the secretary of state certifies that counting

35-34    errors affecting the election occurred in one or more election

35-35    precincts in which paper ballots were used, as provided by Section

35-36    212.034; or

35-37                (4)  the total number of votes received by all

35-38    candidates for the office is less than 1,000 as shown by the

35-39    election returns.

35-40          SECTION 208.  Section 212.027(a), Election Code, is amended

35-41    to read as follows:

35-42          (a)  On submission of a recount petition under Section

35-43    212.026(b), the recount coordinator, if the coordinator [he] is not

35-44    the same person as the presiding officer of the canvassing

35-45    authority designated by the joint election agreement, shall notify

35-46    that presiding officer of the submission.

35-47          SECTION 209.  Section 212.031(e), Election Code, is amended

35-48    to read as follows:

35-49          (e)  After approving or rejecting a petition submitted under

35-50    Section 212.026(b), the recount coordinator, if the coordinator

35-51    [he] is not the same person as the presiding officer of the

35-52    canvassing authority designated by the joint election agreement,

35-53    shall promptly notify that presiding officer of the action taken.

35-54          SECTION 210.  Sections 212.137(b) and (c), Election Code, are

35-55    amended to read as follows:

35-56          (b)  The votes subject to the requested exclusion may not be

35-57    excluded if a candidate entitled to notice under Subsection (a)

35-58    notifies the recount coordinator not later than 18 hours after

35-59    receiving the notice that the candidate [he] objects to the

35-60    exclusion.

35-61          (c)  The sufficiency of the deposit accompanying a recount

35-62    document requesting an exclusion is not affected by a timely

35-63    objection to the exclusion, but the candidate is liable for the

35-64    full costs of the recount, including the costs attributable to the

35-65    recount of the votes requested to be excluded, if the costs are

35-66    assessed against the candidate [him].

35-67          SECTION 211.  Sections 213.002(b) and (c), Election Code, are

35-68    amended to read as follows:

35-69          (b)  The recount supervisor shall appoint a chair [chairman]

 36-1    from the membership.

 36-2          (c)  The recount committee shall count the votes in a recount

 36-3    under the direct management and supervision of the chair

 36-4    [chairman].  The recount supervisor or the supervisor's [his]

 36-5    designee may exercise the chair's [chairman's] authority when

 36-6    present during the counting process.

 36-7          SECTION 212.  Section 213.003(c), Election Code, is amended

 36-8    to read as follows:

 36-9          (c)  A person who is appointed as a member of a recount

36-10    committee by the secretary of state or a state party chair

36-11    [chairman] and who otherwise meets the eligibility requirements

36-12    prescribed by this code for precinct election judges and clerks is

36-13    eligible for appointment regardless of whether the person is a

36-14    qualified voter of the political subdivision served by the recount

36-15    supervisor.

36-16          SECTION 213.  Section 213.005(b), Election Code, is amended

36-17    to read as follows:

36-18          (b)  Subject to the authority of the recount supervisor or

36-19    the supervisor's [his] designee, the recount committee chair

36-20    [chairman] shall designate the members to serve on each team and

36-21    the duties to be performed by each member.

36-22          SECTION 214.  Sections 213.006(a) and (b), Election Code, are

36-23    amended to read as follows:

36-24          (a)  The recount committee chair [chairman] has the same

36-25    authority as a presiding election judge to determine whether a

36-26    particular ballot may be lawfully counted and how a voter's marking

36-27    of a ballot should be interpreted.

36-28          (b)  After consulting the recount coordinator's appointee,

36-29    the recount committee chair [chairman] shall prepare a written

36-30    statement of the specific reasons for not counting a particular

36-31    ballot.  Any uncounted ballots shall be kept separately in the

36-32    appropriate container.

36-33          SECTION 215.  Sections 213.007(a) and (c), Election Code, are

36-34    amended to read as follows:

36-35          (a)  On presentation by a recount committee chair [chairman]

36-36    of a written order signed by the recount supervisor, the custodian

36-37    of voted ballots, voting machines or test materials or programs

36-38    used in counting electronic voting system ballots shall make the

36-39    ballots, machines, or materials or programs available to the

36-40    committee.

36-41          (c)  The recount committee chair [chairman] shall have the

36-42    materials and equipment restored to their secured condition and

36-43    returned to the appropriate custodian.

36-44          SECTION 216.  Section 213.0111(a), Election Code, is amended

36-45    to read as follows:

36-46          (a)  On receipt of an affidavit executed by any recount

36-47    committee member alleging that legal votes were not counted or

36-48    illegal votes were counted during the initial recount, the recount

36-49    coordinator may order a new recount of the disputed ballots.  For a

36-50    county or precinct office in a primary election, the county chair

36-51    [chairman] may order the new recount only on the approval of the

36-52    state chair [chairman].

36-53          SECTION 217.  Sections 213.012(a) and (b), Election Code, are

36-54    amended to read as follows:

36-55          (a)  After the recount is completed, the recount committee

36-56    chair [chairman] shall prepare a report of the committee's vote

36-57    count and sign the report.  Votes shall be reported separately by

36-58    precinct.

36-59          (b)  The chair [chairman] shall deliver one copy of the

36-60    report to the recount supervisor and one copy to the general

36-61    custodian of election records.

36-62          SECTION 218.  Sections 213.013(e), (g), and (i), Election

36-63    Code, are amended to read as follows:

36-64          (e)  A representative appointed to serve at a recount must

36-65    deliver a certificate of appointment to the recount committee chair

36-66    [chairman] at the time the representative reports for service.  A

36-67    representative who presents himself or herself for service at any

36-68    time immediately before or during the recount and submits a proper

36-69    certificate of appointment must be accepted for service unless the

 37-1    number of appointees to which the appointing authority is entitled

 37-2    have already been accepted.

 37-3          (g)  If the representative is accepted for service, the

 37-4    recount committee chair [chairman] shall keep the certificate and

 37-5    deliver it to the recount coordinator after the recount for

 37-6    preservation under Section 211.007.  If the representative is not

 37-7    accepted for service, the recount committee chair [chairman] shall

 37-8    return the certificate to the representative with a signed

 37-9    statement of the reason for the rejection.

37-10          (i)  No mechanical or electronic means of recording images or

37-11    sound are allowed inside the room in which the recount is

37-12    conducted, or in any hallway or corridor in the building in which

37-13    the recount is conducted within 30 feet of the entrance to the

37-14    room, while the recount is in progress.  However, on request of a

37-15    person entitled to appoint representatives to serve at the recount,

37-16    the recount committee chair [chairman] shall permit the person to

37-17    photocopy under the chair's [chairman's] supervision any ballot,

37-18    including any supporting materials, challenged by the person or

37-19    person's representative.  The person must pay a reasonable charge

37-20    for making the copies and, if no photocopying equipment is

37-21    available, may supply that equipment at the person's expense.   The

37-22    person shall provide a copy on request to another person entitled

37-23    to appoint representatives to serve at the recount.

37-24          SECTION 219.  Section 213.015(b), Election Code, is amended

37-25    to read as follows:

37-26          (b)  A recount committee chair [chairman] has the same

37-27    authority as that of a presiding judge at a polling place to

37-28    preserve order during the recount.

37-29          SECTION 220.  Section 214.003, Election Code, is amended to

37-30    read as follows:

37-31          Sec. 214.003.  Disposition of Tally Lists.  (a)  On

37-32    completion of the count for a precinct, a member of the counting

37-33    team shall place one tally list in the ballot box containing the

37-34    voted ballots and shall deliver the other tally list to the recount

37-35    committee chair [chairman].

37-36          (b)  The recount committee chair [chairman] shall use the

37-37    tally list received from the counting team in preparing the

37-38    committee report of the recount.  The chair [chairman] shall attach

37-39    the tally list to the copy of the committee report that is to be

37-40    delivered to the recount supervisor.  The attached tally list is

37-41    part of the report.

37-42          SECTION 221.  Section 214.022(b), Election Code, is amended

37-43    to read as follows:

37-44          (b)  The recount committee chair [chairman] shall designate

37-45    one member of each counting team to perform the duties of a

37-46    presiding judge at a polling place using voting machines in

37-47    verifying and certifying the precinct recount returns.

37-48          SECTION 222.  Section 214.026, Election Code, is amended to

37-49    read as follows:

37-50          Sec. 214.026.  Disposition of Recount Returns.  (a)  After a

37-51    counting team certifies the recount returns for a precinct, a

37-52    member of the team shall deliver the returns to the recount

37-53    committee chair [chairman].

37-54          (b)  The recount committee chair [chairman] shall use the

37-55    recount returns in preparing the committee report of the recount.

37-56    The chair [chairman] shall attach the recount returns to the copy

37-57    of the committee report that is to be delivered to the recount

37-58    supervisor.  The attached returns are part of the report.

37-59          SECTION 223.  Section 214.045(a), Election Code, is amended

37-60    to read as follows:

37-61          (a)  The recount committee chair [chairman] shall designate

37-62    one member of the recount committee for an electronic recount to

37-63    operate the automatic tabulating equipment.  In this subchapter,

37-64    "recount tabulator" means the member designated to operate the

37-65    equipment.

37-66          SECTION 224.  Sections 214.046(b) and (f), Election Code, are

37-67    amended to read as follows:

37-68          (b)  If the test is unsuccessful, the recount tabulator shall

37-69    notify the recount committee chair [chairman], who shall notify the

 38-1    recount supervisor, and the supervisor shall investigate the cause

 38-2    of the test's failure.  The electronic recount may not proceed

 38-3    until a test is successful on the equipment used for the first test

 38-4    or on other equipment selected by the supervisor.

 38-5          (f)  The recount supervisor shall obtain from the person who

 38-6    prepares a new program a signed statement that the program was

 38-7    prepared by the person [him], with the date of preparation and the

 38-8    person's address shown on the statement.  The new program, the

 38-9    preparer's statement, and the test materials used for verification

38-10    shall be preserved in a sealed container in the same manner and for

38-11    the same period as the original program.

38-12          SECTION 225.  Section 214.049(d), Election Code, is amended

38-13    to read as follows:

38-14          (d)  Before the tabulation of duplicate ballots, the recount

38-15    committee chair [chairman] shall compare the duplicate ballot with

38-16    the original to verify that the original ballot was duplicated

38-17    properly.  If the original ballot was duplicated improperly, the

38-18    recount committee chair [chairman] shall have the original ballot

38-19    duplicated properly and that duplicate ballot shall be counted.

38-20    The improper duplicate ballot shall be retained and the recount

38-21    committee chair [chairman] shall make a notation on the improper

38-22    duplicate ballot of the reason for which it was not counted.

38-23          SECTION 226.  Section 214.051, Election Code, is amended to

38-24    read as follows:

38-25          Sec. 214.051.  Disposition of Recount Returns.  (a)  After

38-26    the recount committee certifies the recount returns for a precinct,

38-27    a member of the committee shall place the copy of the returns in

38-28    the ballot box containing the voted ballots and shall deliver the

38-29    original to the recount committee chair [chairman].

38-30          (b)  The recount committee chair [chairman] shall use the

38-31    returns received from the recount committee in preparing the

38-32    committee report of the recount.  The chair [chairman] shall attach

38-33    the recount returns to the copy of the committee report that is to

38-34    be delivered to the recount supervisor.  The attached returns are

38-35    part of the report.

38-36          SECTION 227.  Section 215.010(c), Election Code, is amended

38-37    to read as follows:

38-38          (c)  On referral of an amount for collection under Subsection

38-39    (b), the recount coordinator and each recount supervisor involved

38-40    in the recount shall deliver to the authority to whom the referral

38-41    is made the originals or copies of documents, records, or other

38-42    papers in the coordinator's or supervisor's [his] possession that

38-43    may be relevant to enforcement of the claim.  The coordinator may

38-44    not deliver the original of a document during the period for

38-45    preserving the precinct election records.

38-46          SECTION 228.  Section 221.009(a), Election Code, is amended

38-47    to read as follows:

38-48          (a)  A voter who cast an illegal vote may be compelled, after

38-49    the illegality has been established to the satisfaction of the

38-50    tribunal hearing the contest, to disclose the name of the candidate

38-51    for whom the voter [he] voted or how the voter [he] voted on a

38-52    measure if the issue is relevant to the election contest.

38-53          SECTION 229.  Section 231.008(c), Election Code, is amended

38-54    to read as follows:

38-55          (c)  If the judgment orders that a new general or special

38-56    election be held, the clerk shall deliver a copy to the authority

38-57    responsible for ordering the election.  If the judgment orders a

38-58    new primary election, the clerk shall deliver a copy to the state

38-59    chair [chairman] of the appropriate political party, in the case of

38-60    a statewide or district office, or to the county chair [chairman],

38-61    in the case of a county or precinct office.

38-62          SECTION 230.  Section 232.013(d), Election Code, is amended

38-63    to read as follows:

38-64          (d)  If the contested election is a primary, the district

38-65    clerk shall deliver a certified copy of the order setting the date

38-66    of the runoff to the state chair [chairman] of the political party

38-67    in the case of a statewide or district office or to the county

38-68    chair [chairman] in the case of a county or precinct office.

38-69          SECTION 231.  Section 241.0061(a), Election Code, is amended

 39-1    to read as follows:

 39-2          (a)  Not later than the third day after the date the

 39-3    contestee's answer is received by the presiding officer of the

 39-4    house having jurisdiction, the contestant must file with the

 39-5    secretary of the senate or chief clerk of the house of

 39-6    representatives, as appropriate:

 39-7                (1)  a cost bond payable to the appropriate house and

 39-8    to the contestee in the amount of $5,000, having sufficient

 39-9    sureties approved by the presiding officer, and conditioned that

39-10    the contestant will pay all costs of the contest assessed against

39-11    the contestant [him];

39-12                (2)  a cash deposit in lieu of bond; or

39-13                (3)  an affidavit of inability to pay costs.

39-14          SECTION 232.  Section 241.008, Election Code, is amended to

39-15    read as follows:

39-16          Sec. 241.008.  Presiding Officer as Party.  If the presiding

39-17    officer of the house having jurisdiction is a party to a contest,

39-18    the house shall elect one of its members to perform the duties of

39-19    the presiding officer with respect to the contest.  The chair

39-20    [chairman] of the house's committee on administration shall perform

39-21    those duties until the substitute is elected.

39-22          SECTION 233.  Section 241.0091(a), Election Code, is amended

39-23    to read as follows:

39-24          (a)  The master may on the master's [his] own motion, or

39-25    shall on the motion of the committee, determine whether the

39-26    contestant's petition is frivolous or otherwise does not state the

39-27    grounds necessary to maintain the contest.

39-28          SECTION 234.  Section 241.015(c), Election Code, is amended

39-29    to read as follows:

39-30          (c)  The committee chair [chairman] shall file the report

39-31    with the secretary of the senate or the chief clerk of the house of

39-32    representatives, as appropriate.

39-33          SECTION 235.  Section 241.017(a), Election Code, is amended

39-34    to read as follows:

39-35          (a)  A contestant may withdraw the [his] election contest at

39-36    any time before the filing of the committee report by filing with

39-37    the committee chair [chairman] and the presiding officer of the

39-38    house a written statement of withdrawal signed by the contestant or

39-39    the contestant's [his] attorney.

39-40          SECTION 236.  Section 251.006(b), Election Code, is amended

39-41    to read as follows:

39-42          (b)  A candidate for an elective office of the federal

39-43    government shall file with the commission a copy of each document

39-44    relating to the [his] candidacy that is required to be filed under

39-45    federal law.  The document shall be filed within the same period in

39-46    which it is required to be filed under the federal law.

39-47          SECTION 237.  Section 251.032, Election Code, is amended to

39-48    read as follows:

39-49          Sec. 251.032.  Forms.  In addition to furnishing samples of

39-50    the appropriate forms to the authorities having administrative

39-51    duties under this title, the commission shall furnish the forms to

39-52    each political party's state executive committee and county chair

39-53    [chairman] of each county executive committee.

39-54          SECTION 238.  Section 252.004, Election Code, is amended to

39-55    read as follows:

39-56          Sec. 252.004.  Designation of Oneself.  An individual may

39-57    appoint himself or herself as campaign treasurer.

39-58          SECTION 239.  Section 252.013(b), Election Code, is amended

39-59    to read as follows:

39-60          (b)  A campaign treasurer who vacates the treasurer's [his]

39-61    position shall immediately notify the appointing authority in

39-62    writing of the vacancy.

39-63          SECTION 240.  Sections 253.035(f), (h), and (i), Election

39-64    Code, are amended to read as follows:

39-65          (f)  A person who converts a political contribution to the

39-66    person's [his] personal use in violation of this section is civilly

39-67    liable to the state for an amount equal to the amount of the

39-68    converted contribution plus reasonable court costs.

39-69          (h)  Except as provided by Section 253.0351 or 253.042, a

 40-1    candidate or officeholder who makes political expenditures from the

 40-2    candidate's or officeholder's [his] personal funds may reimburse

 40-3    those [his] personal funds from political contributions in the

 40-4    amount of those expenditures only if:

 40-5                (1)  the expenditures from personal funds were fully

 40-6    reported as political expenditures, including the payees, dates,

 40-7    purposes, and amounts of the expenditures, in the report required

 40-8    to be filed under this title that covers the period in which the

 40-9    expenditures from personal funds were made; and

40-10                (2)  the report on which the expenditures from personal

40-11    funds are disclosed clearly designates those expenditures as having

40-12    been made from the person's personal funds and that the

40-13    expenditures are subject to reimbursement.

40-14          (i)  "Personal use" does not include the use of contributions

40-15    for:

40-16                (1)  defending a criminal action or prosecuting or

40-17    defending a civil action brought by or against the person in the

40-18    person's [his] status as a candidate or officeholder; or

40-19                (2)  participating in an election contest or

40-20    participating in a civil action to determine a person's eligibility

40-21    to be a candidate for, or elected or appointed to, a public office

40-22    in this state.

40-23          SECTION 241.  Section 253.0351(a), Election Code, is amended

40-24    to read as follows:

40-25          (a)  A candidate or officeholder who makes political

40-26    expenditures from the candidate's or officeholder's [his] personal

40-27    funds may report the amount expended as a loan and may reimburse

40-28    those [his] personal funds from political contributions in the

40-29    amount of the reported loan.

40-30          SECTION 242.  Section 253.042(a), Election Code, is amended

40-31    to read as follows:

40-32          (a)  A candidate or officeholder who makes political

40-33    expenditures from the candidate's or officeholder's [his] personal

40-34    funds may not reimburse those [his] personal funds from political

40-35    contributions in amounts that in the aggregate exceed the following

40-36    amounts for each election in which the person's name appears on the

40-37    ballot:

40-38                (1)  for a statewide office other than governor,

40-39    $250,000; and

40-40                (2)  for governor, $500,000.

40-41          SECTION 243.  Section 253.061, Election Code, is amended to

40-42    read as follows:

40-43          Sec. 253.061.  Direct Expenditure of $100 or Less.  Except as

40-44    otherwise provided by law, an individual not acting in concert with

40-45    another person may make one or more direct campaign expenditures in

40-46    an election from the individual's [his] own property if:

40-47                (1)  the total expenditures on any one or more

40-48    candidates or measures do not exceed $100; and

40-49                (2)  the individual receives no reimbursement for the

40-50    expenditures.

40-51          SECTION 244.  Section 253.062(a), Election Code, is amended

40-52    to read as follows:

40-53          (a)  Except as otherwise provided by law, an individual not

40-54    acting in concert with another person may make one or more direct

40-55    campaign expenditures in an election from the individual's [his]

40-56    own property that exceed $100 on any one or more candidates or

40-57    measures if:

40-58                (1)  the individual complies with Chapter 254 as if the

40-59    individual were a campaign treasurer of a political committee; and

40-60                (2)  the individual receives no reimbursement for the

40-61    expenditures.

40-62          SECTION 245.  Section 254.064(d), Election Code, is amended

40-63    to read as follows:

40-64          (d)  If a person becomes an opposed candidate after a

40-65    reporting period prescribed by Subsection (b) or (c), the person

40-66    shall file the person's [his] first report not later than the

40-67    regular deadline for the report covering the period during which

40-68    the person becomes an opposed candidate.  The period covered by the

40-69    first report begins the day the candidate's campaign treasurer

 41-1    appointment is filed.

 41-2          SECTION 246.  Section 254.128(c), Election Code, is amended

 41-3    to read as follows:

 41-4          (c)  A campaign treasurer commits an offense if the campaign

 41-5    treasurer [he] fails to comply with this section.  An offense under

 41-6    this section is a Class A misdemeanor.

 41-7          SECTION 247.  Section 254.129(d), Election Code, is amended

 41-8    to read as follows:

 41-9          (d)  A campaign treasurer commits an offense if the campaign

41-10    treasurer [he] fails to comply with this section.  An offense under

41-11    this section is a Class B misdemeanor.

41-12          SECTION 248.  Section 254.204(b), Election Code, is amended

41-13    to read as follows:

41-14          (b)  A person who disposes of unexpended political

41-15    contributions under Subsection (a)(2) shall report each

41-16    contribution as if the person [he] were a campaign treasurer of a

41-17    specific-purpose committee.

41-18          SECTION 249.  Section 255.005(a), Election Code, is amended

41-19    to read as follows:

41-20          (a)  A person commits an offense if, with intent to injure a

41-21    candidate or influence the result of an election, the person

41-22    misrepresents the person's [his] identity or, if acting or

41-23    purporting to act as an agent, misrepresents the identity of the

41-24    agent's principal, in political advertising or a campaign

41-25    communication.

41-26          SECTION 250.  Sections 255.006(a) and (b), Election Code, are

41-27    amended to read as follows:

41-28          (a)  A person commits an offense if the person knowingly

41-29    enters into a contract or other agreement to print, publish, or

41-30    broadcast political advertising with the intent to represent to an

41-31    ordinary and prudent person that a candidate holds a public office

41-32    that the candidate [he] does not hold at the time the agreement is

41-33    made.

41-34          (b)  A person commits an offense if the person knowingly

41-35    represents in a campaign communication that a candidate holds a

41-36    public office that the candidate [he] does not hold at the time the

41-37    representation is made.

41-38          SECTION 251.  Section 257.003(c), Election Code, is amended

41-39    to read as follows:

41-40          (c)  Sections 254.001 and 254.032-254.037 apply to a report

41-41    required by this section as if the party chair [chairman] were a

41-42    campaign treasurer of a political committee and as if the

41-43    contributions or expenditures were political contributions or

41-44    political expenditures.

41-45          SECTION 252.  Section 257.005, Election Code, is amended by

41-46    amending the section heading and Subsection (a) to read as follows:

41-47          Sec. 257.005.  CANDIDATE FOR STATE CHAIR [CHAIRMAN] OF

41-48    POLITICAL PARTY.  (a)  A candidate for state chair [chairman] of a

41-49    political party with a nominee on the ballot in the most recent

41-50    gubernatorial general election is subject to the requirements of

41-51    this title that apply to a candidate for public office, except as

41-52    provided by this section.

41-53          SECTION 253.  Section 272.010(b), Election Code, is amended

41-54    to read as follows:

41-55          (b)  The voter registrar for each county containing an

41-56    election precinct subject to Section 272.002 shall maintain a

41-57    supply of the form required by Subsection (a) and shall keep a

41-58    notice in Spanish posted at the place in the registrar's [his]

41-59    office where voter registration is conducted stating that

41-60    application forms in Spanish are available.

41-61          SECTION 254.  Section 273.003(d), Election Code, is amended

41-62    to read as follows:

41-63          (d)  On the filing of an application, the district judge

41-64    shall issue an order impounding the records in a secure place under

41-65    the terms and conditions the judge considers necessary to keep them

41-66    under the judge's [his] custody and control during the examination

41-67    and for any additional time the judge directs.

41-68          SECTION 255.  Section 273.021(b), Election Code, is amended

41-69    to read as follows:

 42-1          (b)  The attorney general may appear before a grand jury in

 42-2    connection with an offense the attorney general [he] is authorized

 42-3    to prosecute under Subsection (a).

 42-4          SECTION 256.  Section 276.001(a), Election Code, is amended

 42-5    to read as follows:

 42-6          (a)  A person commits an offense if, in retaliation against a

 42-7    voter who has voted for or against a candidate or measure or a

 42-8    voter who has refused to reveal how the voter [he] voted, the

 42-9    person knowingly:

42-10                (1)  harms or threatens to harm the voter by an

42-11    unlawful act; or

42-12                (2)  with respect to a voter over whom the person has

42-13    authority in the scope of employment, subjects or threatens to

42-14    subject the voter to a loss or reduction of wages or another

42-15    benefit of employment.

42-16          SECTION 257.  This Act is intended only to change terminology

42-17    involving gender in the Election Code to appropriate gender-neutral

42-18    terminology.  The reenactment of text in this Act to effect this

42-19    change in terminology does not prevail over a conflicting change in

42-20    law, including a conflict in gender-neutral terminology, made by

42-21    another Act of the 75th Legislature, Regular Session, 1997, and

42-22    that conflicting change is given effect with the change in

42-23    terminology made by this Act.

42-24          SECTION 258.  This Act takes effect September 1, 1997.

42-25          SECTION 259.  The importance of this legislation and the

42-26    crowded condition of the calendars in both houses create an

42-27    emergency and an imperative public necessity that the

42-28    constitutional rule requiring bills to be read on three several

42-29    days in each house be suspended, and this rule is hereby suspended.

42-30                                 * * * * *