By Hochberg                                            H.B. No. 265
         76R2324 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority with whom an application for a place on
 1-3     the primary election ballot for a legislative office is required to
 1-4     be filed.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 172.022(a), Election Code, is amended to
 1-7     read as follows:
 1-8           (a)  An application for a place on the general primary
 1-9     election ballot must be filed with:
1-10                 (1)  the secretary of state, for the office of state
1-11     senator or state representative;
1-12                 (2)  the state chair, for an office filled by voters of
1-13     more than one county other than an office covered by Subdivision
1-14     (1); or
1-15                 (3) [(2)]  the county chair or the secretary, if any,
1-16     of the county executive committee, for an office filled by voters
1-17     of a single county other than an office covered by Subdivision (1).
1-18           SECTION 2.  Section 172.028, Election Code, is amended to
1-19     read as follows:
1-20           Sec. 172.028.  [STATE CHAIR'S] CERTIFICATION OF NAMES FOR
1-21     PLACEMENT ON GENERAL PRIMARY BALLOT.  (a)  Except as provided by
1-22     Subsection (c), the secretary of state and state chair shall
1-23     certify in writing for placement on the general primary election
1-24     ballot the name of each candidate who files with the secretary or
 2-1     chair, as applicable, an application that complies with Section
 2-2     172.021(b).
 2-3           (b)  Not later than the 57th day before general primary
 2-4     election day, the certifying authority [state chair] shall deliver
 2-5     the certification to the county chair in each county in which the
 2-6     candidate's name is to appear on the ballot.
 2-7           (c)  A candidate's name may not be certified:
 2-8                 (1)  if, before delivering the certification, the
 2-9     certifying authority [state chair] learns that the name is to be
2-10     omitted from the ballot under Section 172.057; or
2-11                 (2)  for an office for which the candidate's
2-12     application is invalid under Section 141.033.
2-13           (d)  A copy of each certification shall be made available on
2-14     request, without charge, to each newspaper published in this state
2-15     and to each licensed radio and television station in this state.
2-16           SECTION 3.  Section 172.054(b), Election Code, is amended to
2-17     read as follows:
2-18           (b)  An application for an office sought by a withdrawn,
2-19     deceased, or ineligible candidate must be filed not later than 6
2-20     p.m. of the 60th day before general primary election day.  An
2-21     application filed by mail with the secretary of state or state
2-22     chair is not timely if received later than 5 p.m. of the 60th day
2-23     before general  primary election day.
2-24           SECTION 4.  Section 172.055(c), Election Code, is amended to
2-25     read as follows:
2-26           (c)  Not later than 24 hours after the candidate withdraws or
2-27     is declared ineligible or after the authority preparing the notice
 3-1     learns of the candidate's death, as applicable, the authority shall
 3-2     deliver a copy of the notice to:
 3-3                 (1)  at least one daily newspaper published in the
 3-4     county or, if none, at least one weekly newspaper published there,
 3-5     if any, for a notice prepared by the county chair;
 3-6                 (2)  at least three daily newspapers that regularly
 3-7     maintain a news representative at the State Capitol, for a notice
 3-8     applicable to a statewide office; or
 3-9                 (3)  at least one daily newspaper published in each
3-10     county wholly or partly situated in the district or, if none, at
3-11     least one weekly newspaper published there, if any, for a notice
3-12     prepared by the secretary of state or state chair for a district
3-13     office.
3-14           SECTION 5.  Subchapter C, Chapter 173, Election Code, is
3-15     amended by adding Section 173.065 to read as follows:
3-16      Sec. 173.065.  FEE PAID TO SECRETARY OF STATE. The secretary of
3-17     state shall deposit in, or allocate among, the appropriate primary
3-18     funds each filing fee accompanying an application for a place on
3-19     the ballot filed with the secretary.
3-20           SECTION 6.  This Act takes effect September 1, 1999.
3-21           SECTION 7.  The importance of this legislation and the
3-22     crowded condition of the calendars in both houses create an
3-23     emergency and an imperative public necessity that the
3-24     constitutional rule requiring bills to be read on three several
3-25     days in each house be suspended, and this rule is hereby suspended.