By Lindsay                                             S.B. No. 718
         76R4632 DRH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to primary election dates and procedures and related
 1-3     dates.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 41.007(a) and (b), Election Code, are
 1-6     amended to read as follows:
 1-7           (a)  The general primary election date is the first [second]
 1-8     Tuesday after the second Monday in September [in March] in each
 1-9     even-numbered year.
1-10           (b)  The runoff primary election date is the first [second]
1-11     Tuesday in October [April] following the general primary election.
1-12           SECTION 2.  Section 172.023(a), Election Code, is amended to
1-13     read as follows:
1-14           (a)  An application for a place on the general primary
1-15     election ballot must be filed not later than 6 p.m. on July 1
1-16     [January 2] in the primary election year unless the filing deadline
1-17     is extended under Subchapter C.
1-18           SECTION 3.  Section 181.0041, Election Code, is amended to
1-19     read as follows:
1-20           Sec. 181.0041.  REGISTRATION OF PARTY REQUIRED.  A political
1-21     party that intends to make nominations under this chapter for the
1-22     general election for state and county officers must register with
1-23     the secretary of state, in the manner prescribed by the secretary,
1-24     not later than the regular filing deadline for candidates in the
 2-1     general primary election [January 2 of the election year].
 2-2           SECTION 4.  Section 181.033(a), Election Code, is amended to
 2-3     read as follows:
 2-4           (a)  Except as provided by Subsection (b), an application for
 2-5     nomination by a convention must be filed not later than the regular
 2-6     filing deadline for candidates in the general primary election  [5
 2-7     p.m. on January 2 preceding the convention].
 2-8           SECTION 5.  Sections 181.061(b) and (c), Election Code, are
 2-9     amended to read as follows:
2-10           (b)  A party nominating by convention must make its
2-11     nominations for offices of districts situated in more than one
2-12     county at district conventions held on the second Saturday after
2-13     general primary election day [the second Tuesday in March].  A
2-14     district convention consists of delegates selected at the county
2-15     conventions held under Subsection (c).
2-16           (c)  A party nominating by convention must make its
2-17     nominations for county and precinct offices and for offices of
2-18     districts not situated in more than one county at county
2-19     conventions held on the first Saturday after general primary
2-20     election day [the second Tuesday in March].  A county convention
2-21     consists of delegates selected at precinct conventions held on
2-22     general primary election day [the second Tuesday in March] in the
2-23     regular county election precincts.
2-24           SECTION 6.  Section 182.005, Election Code, is amended to
2-25     read as follows:
2-26           Sec. 182.005.  NOMINATIONS MADE BY COUNTY CONVENTION.  A
2-27     political party must make its nominations under this chapter at a
 3-1     county convention held on the first Saturday after general primary
 3-2     election day [the second Tuesday in March of the election year].
 3-3     The convention consists of delegates selected at precinct
 3-4     conventions held on general primary election day [the second
 3-5     Tuesday in March] in the regular county election precincts.
 3-6           SECTION 7.  Sections 191.004(a) and (c), Election Code, are
 3-7     amended to read as follows:
 3-8           (a)  [A single ballot shall be used for the presidential
 3-9     primary election and general primary election.]  The secretary of
3-10     state shall prescribe the form of the presidential primary election
3-11     ballot[, which must accommodate the regular form for the general
3-12     primary election to the extent practicable].
3-13           (c)  A drawing to determine the order in which the
3-14     presidential candidates' names are printed on the ballot in the
3-15     county shall be conducted in accordance with procedures prescribed
3-16     by the secretary of state [conjunction with the regular drawing for
3-17     position on the general primary election ballot].  "Uncommitted"
3-18     shall be printed on the ballot following the candidates' names, if
3-19     applicable.
3-20           SECTION 8.  Section 191.005, Election Code, is amended to
3-21     read as follows:
3-22           Sec. 191.005.  PROCEDURES FOR CONDUCT OF PRESIDENTIAL PRIMARY
3-23     GENERALLY.  (a)  [The presidential primary election shall be held
3-24     in conjunction with the party's general primary election.]
3-25           [(b)]  Except as otherwise provided by this subchapter, the
3-26     presidential primary election shall be conducted and the results
3-27     canvassed, tabulated, and reported in accordance with the
 4-1     procedures prescribed by this code in relation to the general
 4-2     primary election to the extent those procedures can be made
 4-3     applicable.
 4-4           (b) [(c)]  The secretary of state shall prescribe any
 4-5     additional procedures necessary for the orderly and proper
 4-6     administration of the presidential primary election.
 4-7           SECTION 9.  The term of a person who is serving as a county
 4-8     or precinct chair of a political party on the effective date of
 4-9     this Act ends on the 20th day after the first Tuesday in October
4-10     2000.
4-11           SECTION 10.  The secretary of state by rule shall modify
4-12     applicable procedures, dates, and deadlines in the Election Code to
4-13     implement the changes in primary election dates made by this Act
4-14     and to ensure the orderly and proper administration of the general
4-15     election for state and county officers.
4-16           SECTION 11.  This Act takes effect September 1, 1999.
4-17           SECTION 12.  The importance of this legislation and the
4-18     crowded condition of the calendars in both houses create an
4-19     emergency and an imperative public necessity that the
4-20     constitutional rule requiring bills to be read on three several
4-21     days in each house be suspended, and this rule is hereby suspended.