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BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3162

                                                                                                                By: Noriega, Melissa (Ellis)

                                                                                                                                       State Affairs

                                                                                                                                            5/20/2005

                                                                                                           Committee Report (Amended)

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 3162 gives the county executive committee member called for active duty the opportunity to appoint a replacement.  If the member chooses not to appoint a replacement, the current law comes into effect and a majority vote will be taken to select the replacement.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter B, Chapter 171, Election Code, by adding Section 171.0251, as follows:

 

Sec. 171.0251.  TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN MILITARY.  (a)  Defines "armed forces of the United States."

 

(b)  Provides that a member of the county executive committee who enters active duty in the armed forces of the United States as a result of being called to duty, drafted, or activated does not vacate the office held, but the committee member may appoint a replacement to serve as a temporary acting officer if the committee member will be on active duty for longer than 30 days.

 

(c)  Sets forth requirements for the temporary acting officer appointed as provided by Subsection (b).

 

(d)  Provides that the temporary acting officer appointed as provided by Subsection (b) has all the powers, privileges, and duties of the office and is entitled to the same compensation, payable in the same manner and from the same source, as the member of the county executive committee who is temporarily replaced.

 

(e)  Sets forth the required dates for which the temporary acting officer appointed as provided by Subsection (b) to perform the duties of the committee member.

 

SECTION 2.  Effective date: upon passage or September 1, 2005.

 

SUMMARY OF COMMITTEE CHANGES

 

COMMITTEE AMENDMENT NO. 1

 

Amends H.B. 3162 as follows:

 

On page 1, strike line 19 and substitute with the following:

 

unable to fulfill the member's duties, due to the member's obligations to the armed forces of the United States.