By: Larson (Senate Sponsor - Huffman) H.B. No. 630

(In the Senate - Received from the House April 23, 2013; April 25, 2013, read first time and referred to Committee on State Affairs; May 6, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; May 6, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 630 By: Huffman

A BILL TO BE ENTITLED

AN ACT

relating to the filling of vacancies on a political party's county executive committee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 171.024(b), (c), and (d), Election Code, are amended to read as follows:

(b) A [Except as provided by Subsection (c), a] majority of the committee's membership must participate in filling a vacancy in the office of county chair. To be elected, a person must receive a favorable vote of a majority of the members voting.

(c) Each party shall adopt rules to determine a percentage of committee membership that constitutes a quorum for purposes of filling a [A] vacancy in the office of precinct chair. To be elected, a person must receive a favorable vote of a majority of the members voting [may be filled without participation of the majority of the committee membership if only one person is a candidate to fill the vacancy and the person:

[(1) was elected as a precinct chair in the most recent primary election in the county; and

[(2) is eligible to serve in the vacant office].

(d) A vacancy in the office of county chair may not be filled before the beginning of the term of office in which the vacancy occurs.

SECTION 2. Subchapter E, Chapter 172, Election Code, is amended by adding Section 172.128 to read as follows:

Sec. 172.128. ALTERNATIVE PRIMARY PROCEDURE FOR COUNTIES WITHOUT COUNTY PARTY LEADERSHIP. (a) This section applies only to a primary election:

(1) that is required for the nomination of a political party to a state or county office; or

(2) for which a measure appears on the ballot.

(b) The state chair of a political party may contract with a county clerk, county tax assessor-collector, or county elections administrator, as appropriate, to hold a primary election in a county in which:

(1) the office of county chair is vacant and there is an insufficient number of members serving on the county executive committee to fill a vacancy on the committee; and

(2) the party is unable to establish a temporary executive committee under Section 171.027.

SECTION 3. 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, 2013.

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