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BILL ANALYSIS

 

 

                                                                                                                                           H.B. 3162

                                                                                                                           By: Noriega, Melissa

                                                                                        Defense Affairs & State-Federal Relations

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

A county executive committee is composed of a county chair and precinct chairs.  These committees collect filing fees, appoint watchers, canvas Primary results and set and publicize times and places for conventions.  Currently if a member of a county executive committee enters into active military service, they are by law required to resign their posts.

 

This bill allows a county executive committee to appoint a qualified replacement of the same affiliated party if a member is called, drafted, or activated into active military duty for longer than 30 days.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

In this bill, armed forces is defined as the United States Army, Navy, Air Force, Marine Corps, Coast Guard, any reserve of auxiliary component of any of those services, or the National Guard.  This bill states that a member of a county executive committee who enters active duty does not vacate the office, but allows the committee to appoint a temporary acting officer if the member will be on active duty for longer than 30 days.

 

The temporary acting officer must by a member of the same political party as the member, and must be qualified for office.  This bill also requires that the temporary acting officer be granted all the power, privileges and duties of the office and is entitled to the same compensation.

 

Finally, this bill provides that the temporary acting officer shall perform the duties of the office until the date the active military service of the member ends or the date the term of office of the member expires.

 

EFFECTIVE DATE

 

This Act takes effect immediately if it receives the necessary vote, otherwise it takes effect September 1, 2005.