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79R8689 ATP-D

By:  Noriega                                                      H.B. No. 3162



A BILL TO BE ENTITLED

AN ACT

relating to the temporary replacement of a member of a political 
party's county executive committee who enters active military 
service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 171, Election Code, is 
amended by adding Section 171.0251 to read as follows:
	Sec. 171.0251.  TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN 
MILITARY.  (a)  In this section, "armed forces of the United States" 
means the United States Army, the United States Navy, the United 
States Air Force, the United States Marine Corps, the United States 
Coast Guard, any reserve or auxiliary component of any of those 
services, or the National Guard.
	(b)  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)  The temporary acting officer appointed as provided by 
Subsection (b) must be:
		(1)  a member of the same political party as the 
committee member being temporarily replaced; and
		(2)  qualified for office under Section 161.005.                       
	(d)  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)  The temporary acting officer appointed as provided by 
Subsection (b) shall perform the duties of the committee member 
until the earlier of:
		(1)  the date the active military service of the 
committee member who is temporarily replaced ends; or
		(2)  the date the term of office of the committee member 
who is temporarily replaced expires.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.