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2-18 (b) An application for an office sought by a withdrawn,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.