By: Giddings, et al. (Senate Sponsor - West) H.B. No. 2017
         (In the Senate - Received from the House April 16, 2007;
  April 19, 2007, read first time and referred to Committee on State
  Affairs; May 10, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 3;
  May 10, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 2017 By:  Ellis
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the date of the primary election and related
  procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 41.007(a), (b), and (c), Election Code,
  are amended to read as follows:
         (a)  The general primary election date is the first Tuesday
  in February [March] in each even-numbered year.
         (b)  The runoff primary election date is the second Tuesday
  in March [April] following the general primary election.
         (c)  The presidential primary election date is the first
  Tuesday in February [March] in each presidential election year.
         SECTION 2.  Section 141.031, Election Code, is amended to
  read as follows:
         Sec. 141.031.  GENERAL REQUIREMENTS FOR APPLICATION.  A
  candidate's application for a place on the ballot that is required
  by this code must:
               (1)  be in writing;
               (2)  be signed and sworn to by the candidate and
  indicate the date that the candidate swears to the application;
               (3)  be timely filed with the appropriate authority;
  and
               (4)  include:
                     (A)  the candidate's name;
                     (B)  the candidate's occupation;
                     (C)  the office sought, including any place number
  or other distinguishing number;
                     (D)  an indication of whether the office sought is
  to be filled for a full or unexpired term if the office sought and
  another office to be voted on have the same title but do not have
  place numbers or other distinguishing numbers;
                     (E)  a statement that the candidate is a United
  States citizen;
                     (F)  a statement that the candidate has not been
  determined mentally incompetent by a final judgment of a court;
                     (G)  a statement that the candidate has not been
  finally convicted of a felony from which the candidate has not been
  pardoned or otherwise released from the resulting disabilities;
                     (H)  the candidate's date of birth;
                     (I)  the candidate's residence address or, if the
  residence has no address, the address at which the candidate
  receives mail and a concise description of the location of the
  candidate's residence;
                     (J)  the candidate's length of continuous
  residence in the state and in the territory from which the office
  sought is elected as of the date the candidate swears to the
  application;
                     (K)  the statement: "I, __________, of __________
  County, Texas, being a candidate for the office of __________,
  swear that I will support and defend the constitution and laws of
  the United States and of the State of Texas"; [and]
                     (L)  a statement that the candidate is aware of
  the nepotism law, Chapter 573, Government Code; and
                     (M)  a statement that the candidate is aware of
  the provisions of Section 65, Article XVI, Texas Constitution.
         SECTION 3.  Section 141.034, Election Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (c), an [An]
  application for a place on the ballot may not be challenged for
  compliance with the applicable requirements as to form, content,
  and procedure after the day before the beginning of early voting by
  personal appearance for the election for which the application is
  made.
         (c)  An application for a place on the ballot for the general
  primary election must be challenged for compliance with the
  applicable requirements as to form, content, and procedure not
  later than the 15th day after the date of the regular filing
  deadline.
         SECTION 4.  Section 145.003, Election Code, is amended by
  amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  A candidate in an election other than the general
  election for state and county officers or the general primary
  election may be declared ineligible before the beginning of early
  voting by personal appearance by the authority with whom an
  application for a place on the ballot for the office sought by the
  candidate is required to be filed.
         (c-1)  Except as provided by Subsection (d), a candidate in
  the general primary election may be declared ineligible not later
  than the 15th day after the date of the regular filing deadline by
  the authority with whom an application for a place on the ballot for
  the office sought by the candidate is required to be filed.
         SECTION 5.  Section 162.003, Election Code, is amended to
  read as follows:
         Sec. 162.003.  AFFILIATION BY VOTING IN PRIMARY. (a) A
  person becomes affiliated with a political party when the person:
               (1)  is accepted to vote in the party's primary
  election; or
               (2)  applies for and is provided an early voting or
  limited primary ballot to be voted by mail.
         (b)  An affiliation under Subsection (a)(2) applies to the
  voting year in which the primary election is held.
         SECTION 6.  Section 172.023, Election Code, is amended to
  read as follows:
         Sec. 172.023.  REGULAR FILING PERIOD.  (a)  An application
  for a place on the general primary election ballot must be filed
  after 8 a.m. on October 15 and not later than 6 p.m. on November 15
  in the odd-numbered year preceding general primary election day
  [January 2 in the primary election year] unless the filing deadline
  is extended under Subchapter C.
         (b)  [An application, other than an application for the
  office of precinct chair, may not be filed earlier than the 30th day
  before the date of the regular filing deadline.]  An application for
  the office of precinct chair may not be filed earlier than the 90th
  day before the date of the regular filing deadline.
         SECTION 7.  Section 172.028(b), Election Code, is amended to
  read as follows:
         (b)  Not later than the 10th [57th] day after the regular
  filing deadline for candidates in the [before] general primary
  election [day], the state chair shall deliver the certification to
  the county chair in each county in which the candidate's name is to
  appear on the ballot.
         SECTION 8.  Section 172.052(a), Election Code, is amended to
  read as follows:
         (a)  A candidate for nomination may not withdraw from the
  general primary election after the second [62nd] day following the
  regular filing deadline for candidates in the [before] general
  primary election [day].
         SECTION 9.  Sections 172.054(a) and (b), Election Code, are
  amended to read as follows:
         (a)  The deadline for filing an application for a place on
  the general primary election ballot is extended as provided by this
  section if a candidate who has made an application that complies
  with the applicable requirements:
               (1)  dies on or after the fifth day before the date of
  the regular filing deadline and on or before the second day after
  the date of the regular filing deadline [the 62nd day before general
  primary election day];
               (2)  holds the office for which the application was
  made and withdraws or is declared ineligible on or after the date of
  the regular filing deadline and on or before the second day after
  the date of the regular filing deadline [the 62nd day before general
  primary election day]; or
               (3)  withdraws or is declared ineligible during the
  period prescribed by Subdivision (2), and at the time of the
  withdrawal or declaration of ineligibility no other candidate has
  made an application that complies with the applicable requirements
  for the office sought by the withdrawn or ineligible candidate.
         (b)  An application for an office sought by a withdrawn,
  deceased, or ineligible candidate must be filed not later than 6
  p.m. on the fourth day after the date of the regular filing deadline
  for candidates in the [of the 60th day before] general primary
  election [day]. An application filed by mail with the state chair
  is not timely if received later than 5 p.m. on the fourth day after
  the date of the regular filing deadline for candidates in the [of
  the 60th day before] general primary election [day].
         SECTION 10.  Section 173.010, Election Code, is amended to
  read as follows:
         Sec. 173.010.  FURNISHING RULES. During September
  [November] preceding each primary election year, the secretary of
  state shall deliver to the state chair and each county chair of each
  political party holding a primary election a current set of the
  rules adopted under this subchapter. If a rule or amendment of a
  rule is adopted after delivery of the set, the secretary shall
  deliver a copy of the rule or amendment not later than the 10th day
  after the date of its adoption.
         SECTION 11.  Section 174.063(a), Election Code, is amended
  to read as follows:
         (a)  The county and senatorial district conventions shall be
  held on the fourth [third] Saturday in March after general primary
  election day. However, if that date occurs during Passover or on
  the day following Good Friday, the conventions shall be held on the
  next Saturday that does not occur during Passover or on the day
  following Good Friday.
         SECTION 12.  Section 181.0041, Election Code, is amended to
  read as follows:
         Sec. 181.0041.  REGISTRATION OF PARTY REQUIRED.  A political
  party that intends to make nominations under this chapter for the
  general election for state and county officers must register with
  the secretary of state, in the manner prescribed by the secretary,
  not later than the regular filing deadline for candidates in the
  general primary election [January 2 of the election year].
         SECTION 13.  Section 181.033(a), Election Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), an application for
  nomination by a convention must be filed not later than the regular
  filing deadline for candidates in the general primary election [5
  p.m. on January 2 preceding the convention].
         SECTION 14.  Sections 181.061(b) and (c), Election Code, are
  amended to read as follows:
         (b)  A party nominating by convention must make its
  nominations for offices of districts situated in more than one
  county at district conventions held on the second Saturday after
  general primary election day [the second Tuesday in March]. A
  district convention consists of delegates selected at the county
  conventions held under Subsection (c).
         (c)  A party nominating by convention must make its
  nominations for county and precinct offices and for offices of
  districts not situated in more than one county at county
  conventions held on the first Saturday after general primary
  election day [the second Tuesday in March].  A county convention
  consists of delegates selected at precinct conventions held on
  general primary election day [the second Tuesday in March] in the
  regular county election precincts.
         SECTION 15.  Section 182.005, Election Code, is amended to
  read as follows:
         Sec. 182.005.  NOMINATIONS MADE BY COUNTY CONVENTION.  A
  political party must make its nominations under this chapter at a
  county convention held on the first Saturday after general primary
  election day [the second Tuesday in March of the election year].
  The convention consists of delegates selected at precinct
  conventions held on general primary election day [the second
  Tuesday in March] in the regular county election precincts.
         SECTION 16.  The term of a person who is serving as a county
  or precinct chair of a political party on the effective date of this
  Act ends on the 20th day after the second Tuesday in March 2008.
         SECTION 17.  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, 2007.
 
  * * * * *