By:  Shapiro                                          S.B. No. 1530
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the filling of a vacancy in the office of precinct
 1-3     chair.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 171.022(a), Election Code, is amended to
 1-6     read as follows:
 1-7           (a)  A county executive committee consists of:
 1-8                 (1)  a county chair, who is the presiding officer,
 1-9     elected at the general primary election by majority vote of the
1-10     qualified voters of the county who vote in the primary on that
1-11     office or appointed by the county executive committee as provided
1-12     by this subchapter; and
1-13                 (2)  a precinct chair from each county election
1-14     precinct, elected at the general primary by majority vote of the
1-15     qualified voters of the precinct who vote in the primary on that
1-16     office, subject to Section 171.0221, or appointed by the county
1-17     chair [executive committee] as provided by this subchapter.
1-18           SECTION 2.  Section 171.024, Election Code, is amended to
1-19     read as follows:
1-20           Sec. 171.024.  FILLING VACANCY.  (a)  A vacancy on the [The]
1-21     county executive committee shall be filled [fill] by appointment
1-22     of:
1-23                 (1)  the committee, if the vacancy is in the office of
 2-1     county chair; or
 2-2                 (2)  the county chair, if the vacancy is in the office
 2-3     of precinct chair [any vacancy on the committee].
 2-4           (b)  A [Except as provided by Subsection (c), a] majority of
 2-5     the committee's membership must participate in filling a vacancy
 2-6     under Subsection (a)(1).  To be appointed [elected], a person must
 2-7     receive a favorable vote of a majority of the members voting.
 2-8           (c)  [A vacancy in the office of precinct chair may be filled
 2-9     without participation of the majority of the committee membership
2-10     if only one person is a candidate to fill the vacancy and the
2-11     person:]
2-12                 [(1)  was elected as a precinct chair in the most
2-13     recent primary election in the county; and]
2-14                 [(2)  is eligible to serve in the vacant office.]
2-15           [(d)]  A vacancy may not be filled before the beginning of
2-16     the term of office in which the vacancy occurs.
2-17           (d) [(e)]  After a vacancy is filled, the county chair shall
2-18     promptly deliver written notice of the replacement member's name
2-19     and address to the state chair and to the county clerk.
2-20           SECTION 3.  This Act takes effect July 1, 2001, if it
2-21     receives a vote of two-thirds of all the members elected to each
2-22     house, as provided by Section 39, Article III, Texas Constitution.
2-23     If this Act does not receive the vote necessary for effect on that
2-24     date, this Act takes effect September 1, 2001.