76R12163 DRH-D                           
         By Keffer, Greenberg, Maxey, Madden, Burnam            H.B. No. 386
         Substitute the following for H.B. No. 386:
         By Madden                                          C.S.H.B. No. 386
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to ballot access by certain candidates.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 141.064, Election Code, is amended to
 1-5     read as follows:
 1-6           Sec. 141.064.  Method of Acquiring Signature.  A person
 1-7     circulating a petition must:
 1-8                 (1)  before permitting a person to sign, point out and
 1-9     read to the person each statement pertaining to the signer that
1-10     appears on the petition;
1-11                 (2)  witness each signature;
1-12                 (3)  ascertain that each date of signing is correct;
1-13     and
1-14                 (4)  before the petition is filed, verify each signer's
1-15     registration status [and ascertain that each registration number
1-16     entered on the petition is correct].
1-17           SECTION 2.  Section 142.006(a), Election Code, is amended to
1-18     read as follows:
1-19           (a)  An application for a place on the ballot must be filed
1-20     not later than 5 p.m. on July 1 of the election year [of the 30th
1-21     day after runoff primary election day], except as provided by
1-22     Section 202.007.
1-23           SECTION 3.  Section 142.009, Election Code, is amended to
1-24     read as follows:
 2-1           Sec. 142.009.  TIME FOR CIRCULATION OF PETITION [TO BE
 2-2     CIRCULATED AFTER PRIMARY].  A signature on a candidate's petition
 2-3     is invalid if the signer:
 2-4                 (1)  signed the petition before January 1 or after July
 2-5     1 of the election year [on or before general primary election day
 2-6     or, if a runoff primary is held for the office sought by the
 2-7     candidate, on or before runoff primary election day]; or
 2-8                 (2)  voted in the general or runoff primary election of
 2-9     a political party that made a nomination, at either primary, for
2-10     the office sought by the candidate.
2-11           SECTION 4.  Section 172.026, Election Code, is amended to
2-12     read as follows:
2-13           Sec. 172.026.  INVALID SIGNATURE [RESTRICTION ON PETITION
2-14     SIGNER].  A signature on [On signing] a petition to be filed under
2-15     Section 172.021 is invalid if, in the voting year in which the
2-16     primary election is held, the signer previously signed a petition:
2-17                 (1)  filed under Section 172.021 for another political
2-18     party's primary election; or
2-19                 (2)  to be filed under Chapter 181 or 182 to qualify
2-20     another political party to have the names of its nominees placed on
2-21     the ballot for the general election for state and county officers
2-22     [, the signer becomes ineligible to vote in a primary election or
2-23     participate in a convention of another political party during the
2-24     voting year in which the primary election is held].
2-25           SECTION 5.  Section 172.027, Election Code, is amended to
2-26     read as follows:
2-27           Sec. 172.027.  Statement on Petition.  The following
 3-1     statement must appear at the top of each page of a petition to be
 3-2     filed under Section 172.021:  "I know that the purpose of this
 3-3     petition is to entitle (insert candidate's name) to have his or her
 3-4     name placed on the ballot for the office of (insert office title,
 3-5     including any place number or other distinguishing number) for the
 3-6     (insert political party's name) primary election.  I understand
 3-7     that signing a petition to entitle a candidate of another political
 3-8     party to have the candidate's name placed on the primary election
 3-9     ballot or to entitle a political party to have its nominees placed
3-10     on the general election ballot is prohibited and that my signature
3-11     on any subsequent petition is invalid [by signing this petition I
3-12     become ineligible to vote in a primary election or participate in a
3-13     convention of another party, including a party not holding a
3-14     primary election, during the voting year in which this primary
3-15     election is held]."
3-16           SECTION 6.  Section 181.005(a), Election Code, is amended to
3-17     read as follows:
3-18           (a)  To be entitled to have the names of its nominees placed
3-19     on the general election ballot, a political party required to make
3-20     nominations by convention must file with the secretary of state,
3-21     not later than July 1 of the election year [the 75th day after the
3-22     date of the precinct conventions held under this chapter], lists of
3-23     precinct convention participants indicating that the number of
3-24     participants equals at least one percent of the total number of
3-25     votes received by all candidates for governor in the most recent
3-26     gubernatorial general election.  The lists must include each
3-27     participant's residence address and voter registration number.
 4-1           SECTION 7.  Section 181.006, Election Code, is amended to
 4-2     read as follows:
 4-3           Sec. 181.006.  Petition Supplementing Precinct Convention
 4-4     Lists.  (a)  If the number of precinct convention participants
 4-5     indicated on the lists filed under Section 181.005 is fewer than
 4-6     the number required for the political party to qualify to have the
 4-7     names of its nominees placed on the ballot, the party may qualify
 4-8     by filing a petition as provided by this section.
 4-9           (b)  A petition must:
4-10                 (1)  satisfy the requirements prescribed by Section
4-11     141.062 for a candidate's petition;
4-12                 (2)  contain signatures in a number that, when added to
4-13     the number of convention participants indicated on the lists,
4-14     equals at least  one percent of the total number of votes received
4-15     by all candidates for governor in the most recent gubernatorial
4-16     general election; and
4-17                 (3)  be filed with the secretary of state by the state
4-18     chair before the deadline for filing the lists of precinct
4-19     convention participants.
4-20           (c)  Except as provided by this section, the petition is
4-21     subject to the applicable provisions of Subchapter C, Chapter 141.
4-22           (d)  A signer's voter registration is not required to be in
4-23     any particular territory.
4-24           (e)  A copy of a request for the withdrawal of a signature
4-25     must be delivered to the state chair at the time the withdrawal
4-26     request is filed.
4-27           (f)  The following statement must appear at the top of each
 5-1     page of the petition:  "I know that the purpose of this petition is
 5-2     to entitle the _______ Party to have its nominees placed on the
 5-3     ballot in the general election for state and county officers.  I
 5-4     have not voted in a primary election or participated in a
 5-5     convention of another party during this voting year[, and I
 5-6     understand that I become ineligible to do so by signing this
 5-7     petition].  I understand that signing more than one petition to
 5-8     entitle a party to have its nominees placed on the general election
 5-9     ballot in the same election is prohibited and that my signature on
5-10     any subsequent petition is invalid.  If after signing this petition
5-11     I vote in the primary or participate in the convention of another
5-12     party, I understand my signature on this petition becomes invalid."
5-13           (g)  A person who has voted in a primary election or
5-14     participated in a convention of another party during the voting
5-15     year in which the petition is circulated is ineligible to sign the
5-16     petition, and the signature of such a person is invalid.
5-17           (h)  A signature is invalid if the person signed the petition
5-18     subsequent to signing a petition to qualify another political party
5-19     to have the names of its nominees placed on the ballot for the same
5-20     election, whether the other party is circulating the petition under
5-21     this chapter or under Chapter 182.
5-22           (i)  [On signing the petition, the person becomes ineligible
5-23     to affiliate with another party during the voting year in which the
5-24     petition is signed.]
5-25           [(j)]  The petition may not be circulated before January 1 of
5-26     the election year [until after the date of the party's precinct
5-27     conventions held under this chapter].  A signature obtained [on or]
 6-1     before that date is invalid.
 6-2           (j) [(k)]  The secretary of state shall post a notice of the
 6-3     receipt of a petition on the bulletin board used for posting notice
 6-4     of meetings of state governmental bodies.  Any person may challenge
 6-5     the validity of the petition by filing a written statement of the
 6-6     challenge with the secretary of state not later than the fifth day
 6-7     after the date notice is posted.  The secretary of state may verify
 6-8     the petition signatures regardless of whether the petition is
 6-9     timely challenged.
6-10           SECTION 8.  Section 181.033(a), Election Code, is amended to
6-11     read as follows:
6-12           (a)  Except as provided by Subsection (b), an application for
6-13     nomination by a convention must be filed not later than the filing
6-14     deadline of parties nominating candidates by primary election [5
6-15     p.m. on January 2 preceding the convention].
6-16           SECTION 9.  Section 181.061, Election Code, is amended to
6-17     read as follows:
6-18           Sec. 181.061.  Conventions at Which Nominations Made.  (a)  A
6-19     political party nominating by convention must make its nominations
6-20     for statewide offices at a state convention held not later than
6-21     July 15 [on the second Saturday in June] of the election year.  The
6-22     state convention consists of delegates selected at the county
6-23     conventions held under Subsection (c).
6-24           (b)  A party nominating by convention must make its
6-25     nominations for offices of districts situated in more than one
6-26     county at district conventions held not later than July 15 of the
6-27     election year [on the second Saturday after the second Tuesday in
 7-1     March].  A district convention consists of delegates selected at
 7-2     the county conventions held under Subsection (c).
 7-3           (c)  A party nominating by convention must make its
 7-4     nominations for county and precinct offices and for offices of
 7-5     districts not situated in more than one county at county
 7-6     conventions held not later than July 15 of the election year [on
 7-7     the first Saturday after the second Tuesday in March].  A county
 7-8     convention consists of delegates selected at precinct conventions
 7-9     held not later than July 15 of the election year [on the second
7-10     Tuesday in March in the regular county election precincts].
7-11           (d)  A party by rule may limit the delegates making
7-12     nominations to those from the territory from which the office
7-13     sought is elected.
7-14           SECTION 10.  Section 182.003, Election Code, is amended to
7-15     read as follows:
7-16           Sec. 182.003.  Qualifying for Placement on Ballot.  To be
7-17     entitled to have the names of its nominees placed on the general
7-18     election ballot, a political party making nominations under this
7-19     chapter must file with the county clerk, not later than July 15 of
7-20     the election year [the 75th day after the date of the precinct
7-21     conventions held under this chapter], lists of precinct convention
7-22     participants indicating that the number of participants equals at
7-23     least three percent of the total number of votes received in the
7-24     county by all candidates for governor in the most recent
7-25     gubernatorial general election.
7-26           SECTION 11.  Section 182.004(f), Election Code, is amended to
7-27     read as follows:
 8-1           (f)  Sections 181.006(f)-(i) [181.006(f)-(j)] apply to a
 8-2     petition circulated under this section.
 8-3           SECTION 12.  Section 182.005, Election Code, is amended to
 8-4     read as follows:
 8-5           Sec. 182.005.  Nominations Made by County Convention.  A
 8-6     political party must make its nominations under this chapter at a
 8-7     county convention held not later than July 15 [on the first
 8-8     Saturday after the second Tuesday in March] of the election year.
 8-9     The convention consists of delegates selected at precinct
8-10     conventions held not later than July 15 of the election year [on
8-11     the second Tuesday in March in the regular county election
8-12     precincts].  A party by rule may allow its precinct conventions to
8-13     be held as caucuses at its county convention.
8-14           SECTION 13.  Section 192.032, Election Code, is amended to
8-15     read as follows:
8-16           Sec. 192.032.  Independent Candidate's Entitlement to Place
8-17     on Ballot.  (a)  To be entitled to a place on the general election
8-18     ballot, an independent candidate for president of the United States
8-19     must make an application for a place on the ballot.
8-20           (b)  An application must:
8-21                 (1)  comply with Section 141.031, except that:
8-22                       (A)  the application is not required to include a
8-23     candidate's occupation, length of residence, or statement that the
8-24     candidate is aware of the nepotism law; and
8-25                       (B)  the application must contain the applicable
8-26     information required by Section 141.031(4) with respect to both the
8-27     presidential candidate and the running mate;
 9-1                 (2)  state the names and residence addresses of
 9-2     presidential elector candidates in a number equal to the number of
 9-3     presidential electors that federal law allocates to the state; and
 9-4                 (3)  be accompanied by:
 9-5                       (A)  a petition that satisfies the requirements
 9-6     prescribed by Section 141.062; and
 9-7                       (B)  written statements signed by the
 9-8     vice-presidential candidate and each of the presidential elector
 9-9     candidates indicating that each of them consents to be a candidate.
9-10           (c)  The application must be filed with the secretary of
9-11     state not later than July 1 [the second Monday in May] of the
9-12     presidential election year.
9-13           (d)  The minimum number of signatures that must appear on the
9-14     petition is one percent of the total vote received in the state by
9-15     all candidates for president in the most recent presidential
9-16     general election.
9-17           (e)  A petition signer's voter registration is not required
9-18     to be in any particular territory.
9-19           (f)  The following statement must appear at the top of each
9-20     page of the petition:  "I did not vote this year in a presidential
9-21     primary election. I understand that if this year I vote in the
9-22     primary of another party my signature becomes invalid on this
9-23     petition."
9-24           (g)  A signature on the petition is invalid if the signer:
9-25                 (1)  signs the petition on or before the date of the
9-26     presidential primary election in the presidential election year; or
9-27                 (2)  voted in a presidential primary election during
 10-1    the presidential  election year.
 10-2          (h)  A candidate in a presidential primary election is
 10-3    ineligible to be an independent candidate for president or
 10-4    vice-president of the United States in the succeeding general
 10-5    election.
 10-6          SECTION 14.  Section 181.063, Election Code, is repealed.
 10-7          SECTION 15.  This Act takes effect September 1, 1999.
 10-8          SECTION 16.  The importance of this legislation and the
 10-9    crowded condition of the calendars in both houses create an
10-10    emergency and an imperative public necessity that the
10-11    constitutional rule requiring bills to be read on three several
10-12    days in each house be suspended, and this rule is hereby suspended.