By Denny                                        H.B. No. 2784

      75R5360 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the filling of a vacancy in a nomination of a political

 1-3     party.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 145.036(a) and (d), Election Code, are

 1-6     amended to read as follows:

 1-7           (a)  Except as provided by Subsection (b), if a candidate's

 1-8     name is to be omitted from the ballot under Section 145.035, the

 1-9     political party's state, district, county, or precinct executive

1-10     committee, as appropriate for the particular office, may nominate a

1-11     replacement candidate to fill the vacancy in the nomination.  The

1-12     filling of a vacancy under this section is subject to party rule

1-13     except as otherwise provided by this code.

1-14           (d)  For the purpose of filling a vacancy, a majority of the

1-15     committee's membership constitutes a quorum.  To be nominated, a

1-16     person must receive a favorable vote of a majority of the members

1-17     present.  A member of the committee making the replacement

1-18     nomination who is otherwise eligible to hold the office in which

1-19     the vacancy in nomination exists may be nominated under this

1-20     section.

1-21           SECTION 2.  This Act takes effect September 1, 1997.

1-22           SECTION 3.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended.