H.B. No. 3102
 
 
 
 
AN ACT
  relating to political parties' governance and conventions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 162.001(a), Election Code, is amended to
  read as follows:
         (a)  A person must be affiliated with a political party to be
  eligible [to]:
               (1)  to serve as a delegate to or otherwise participate
  in a convention held by the party under this code;
               (2)  to be elected as a member of or be appointed to
  fill a vacancy on a state executive committee; [or]
               (3)  to be appointed to fill a vacancy on a county
  executive committee; or
               (4)  for any other purpose within the party as adopted
  by state party rules.
         SECTION 2.  Section 162.008, Election Code, is amended to
  read as follows:
         Sec. 162.008.  AFFILIATION PROCEDURE: TAKING OATH
  GENERALLY. (a) A [This section applies only to a] person may 
  [desiring to] affiliate with a political party at any time by taking
  an oath of affiliation [during that part of a voting year in which
  the general election for state and county officers is held that
  follows:
               [(1)     the date of the precinct conventions held under
  this title, for a party nominating by convention; or
               [(2)     7 p.m. on general primary election day, for a
  party holding a primary election].
         (b)  On request of a person desiring to affiliate with a
  political party, a member of the county executive committee for the
  county in which the person resides or other person authorized by
  party rule shall administer the oath prescribed by Section
  162.007(b).
         (c)  After administering the oath, the committee member or
  authorized person shall stamp the party's name on the person's
  registration certificate or issue the person an affiliation
  certificate as provided by Section 162.007(c).
         SECTION 3.  Section 162.010, Election Code, is amended to
  read as follows:
         Sec. 162.010.  DURATION OF AFFILIATION. (a) Except as
  provided by Subsection (b), a [A] party affiliation expires at the
  end of the voting year in which the person became affiliated.
         (b)  A party affiliation made in an odd-numbered year expires
  on the first day on which a person may file an application for a
  place on the general primary election ballot.
         SECTION 4.  Section 162.011(a), Election Code, is amended to
  read as follows:
         (a)  A person commits an offense if for the purpose of
  participating in a political party's convention or other party
  meeting or event the person presents to a party official:
               (1)  an affiliation certificate that the person knows
  was not issued in compliance with this chapter; or
               (2)  a voter registration certificate with a party
  affiliation stamp that the person knows was not obtained in
  compliance with this chapter.
         SECTION 5.  Chapter 162, Election Code, is amended by adding
  Section 162.017 to read as follows:
         Sec. 162.017.  PREREGISTRATION. (a)  A political party
  holding a precinct convention may preregister attendees for the
  convention by electronic means or any other method the party may
  adopt by rule.
         (b)  The party may, through the preregistration process,
  collect the following information from attendees:
               (1)  demographic data;
               (2)  information needed to organize and prepare records
  of the convention; and
               (3)  any additional information required by party rule.
         (c)  In a presidential election year, the party may collect
  through preregistration declarations of support for presidential
  candidates or a statement of uncommitted status.  The party may by
  rule use this information to aid in the selection of delegates to
  its county or senatorial district convention.
         (d)  If a political party collects declarations of support
  for presidential candidates or a statement of uncommitted status
  through preregistration under Subsection (c), it must employ a
  process by which an attendee may change the attendee's stated
  preference before the precinct convention.
         (e)  The preregistration process must include the statement
  described by Section 162.004(a) and require a preregistering
  attendee to affiliate with the party by taking the oath described in
  Section 162.007(b).
         (f)  The date and time at which preregistration opens and
  closes may be set by party rule.
         (g)  A person who does not preregister to attend a precinct
  convention under this section may register in person at the
  convention and must have voting rights identical to those of a
  person who preregistered.
         SECTION 6.  Section 163.004(a), Election Code, is amended to
  read as follows:
         (a)  A political party's rules, including amendments to
  rules, governing or affecting its general or runoff primary
  elections, conventions held under this code, or nominees may be
  adopted only by:
               (1)  a state convention; or
               (2)  the state executive committee as:
                     (A)  a temporary rule, if adoption before the next
  state convention is necessary; or
                     (B)  a permanent rule, if the state executive
  committee is expressly required or authorized by statute to adopt a
  rule.
         SECTION 7.  The heading to Section 163.005, Election Code,
  is amended to read as follows:
         Sec. 163.005.  FILING AND POSTING RULES [WITH SECRETARY OF
  STATE]; EFFECTIVE DATE.
         SECTION 8.  Section 163.005, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  All rules, temporary or permanent, shall be posted on
  the state party's Internet website.
         SECTION 9.  Section 163.006(a), Election Code, is amended to
  read as follows:
         (a)  A rule on electoral affairs that is to become effective
  in a year in which the party will hold precinct conventions under
  this title must be filed with the secretary of state and posted on
  the party's Internet website not later than the 30th day before the
  date the party convenes its earliest [of convening the] precinct
  conventions. The secretary of state may extend this deadline for
  good cause.
         SECTION 10.  Section 171.0221(b), Election Code, is amended
  to read as follows:
         (b)  The county chair shall prepare a document that shall be
  posted [sign] that states: "Pursuant to Section 171.0221, Election
  Code, (insert name of unopposed candidate for precinct chair), if
  otherwise eligible, shall be declared elected to the office of
  precinct chair at the time of the local canvass." The county chair
  or entity contracted to hold the election shall distribute copies
  of the document [sign] to the presiding judge of the election
  precinct with the other election supplies. An election officer
  shall post the document [sign] in one or more locations in the
  polling place where it can be read by persons waiting to vote.
         SECTION 11.  Sections 171.024(a), (b), and (e), Election
  Code, are amended to read as follows:
         (a)  The county executive committee shall fill by
  appointment any vacancy on the committee. The state executive
  committee may by rule adopt procedures for filling vacancies.
         (b)  The state executive committee shall adopt rules
  regarding how many members of the county executive committee
  constitute a quorum for the purpose of [Except as provided by
  Subsection (c), a majority of the committee's membership must
  participate in] filling a vacancy. To be elected, a person must
  receive a favorable vote of a majority of the members voting.
         (e)  After a vacancy is filled, the county chair shall
  promptly deliver written or electronic notice of the replacement
  member's name and address to the state chair and to the county
  clerk.
         SECTION 12.  Section 174.021, Election Code, is amended to
  read as follows:
         Sec. 174.021.  SELECTION OF DELEGATES TO COUNTY AND
  SENATORIAL DISTRICT CONVENTIONS. (a)  The delegates to a political
  party's county and senatorial district conventions held under this
  chapter shall be selected in accordance with party rules at
  precinct conventions held as provided by this subchapter.
         (b)  A political party may by rule allow a county to hold
  precinct conventions before the county convention on the same day
  and at the same place as the county convention.  The rule may modify
  other provisions of this subchapter as necessary for the county to
  hold precinct conventions as provided by this subsection.
         SECTION 13.  Sections 174.022(a), (c), and (d), Election
  Code, are amended to read as follows:
         (a)  The precinct conventions may be held at a time and place
  as determined by rules adopted by the state executive committee of a
  political party [in the regular county election precincts on:
               [(1)  general primary election day; and
               [(2)     a date determined by the county executive
  committee that occurs not later than the fifth day after the date of
  the general primary election].
         (c)  If [precinct] conventions are held on general primary
  election day, the hour set for convening the conventions may not be
  earlier than 7 p.m. or later than 9 p.m., but a  convention may not
  convene until the last voter has voted at the precinct polling
  place.  If [precinct] conventions are held on a day other than
  general primary election day, the county executive committee shall
  set the hour for convening or a time frame in which the conventions
  must convene.
         (d)  The place selected for a [precinct] convention must meet
  the same requirements for access by the elderly and persons with
  physical disabilities as a polling place under Section 43.034(a).
         SECTION 14.  Sections 174.023(a) and (b), Election Code, are
  amended to read as follows:
         (a)  The county chair shall post a notice of the date, hour,
  and place for convening each [precinct] convention on the county or
  state party's Internet website or other Internet location easily
  found through a search engine. If the county party does not
  maintain an Internet website, the chair shall post the notice on the
  county commissioner's bulletin board [used for posting notice of
  meetings of the commissioners court].  The notice must remain
  posted continuously for the 10 days immediately preceding the date
  of the convention.
         (b)  Not later than the 10th day before the date of the
  precinct conventions, the county chair shall deliver to the county
  clerk written notice either on paper or in electronic form of the
  date, hour, and place for convening each precinct convention.
         SECTION 15.  Sections 174.025(a), (c), (d), and (e),
  Election Code, are amended to read as follows:
         (a)  The state executive committee of a political party may
  adopt a rule requiring the precinct chair to be the permanent chair
  of the precinct convention unless the precinct chair is absent or
  declines the position.  If a rule is not adopted under this
  subsection, the precinct chair is the temporary chair of the
  precinct convention held under this subchapter.
         (c)  Before conducting business, the precinct [temporary]
  chair shall prepare a list containing the name and residence
  address of each person who is admitted to participate in the
  convention.
         (d)  The precinct [temporary] chair shall call the
  convention to order.
         (e)  The convention shall select a convention chair, if the
  precinct chair is not the permanent chair, and a convention
  secretary. The convention may select any other officers considered
  necessary to conduct the convention's business.
         SECTION 16.  Section 174.026, Election Code, is amended to
  read as follows:
         Sec. 174.026.  CONVENTION BUSINESS. After the convention is
  organized, the convention shall select its delegates to the
  subsequent [county or senatorial district] convention and conduct
  any other convention business.
         SECTION 17.  Section 174.027, Election Code, is amended by
  amending Subsection (d) and adding Subsection (g) to read as
  follows:
         (d)  The county chair shall retain the copies of the lists
  stored in paper or electronic files until the end of the voting year
  in which they are received.
         (g)  An electronic submission to the county chair through a
  system created by party rule constitutes a complete delivery under
  Subsection (c).
         SECTION 18.  Section 174.062, Election Code, is amended to
  read as follows:
         Sec. 174.062.  TYPE OF CONVENTION HELD. (a)  A party may
  adopt rules for holding conventions at any level before and
  including the state convention. If a state executive committee has
  not adopted other rules, conventions shall be held as follows:
               (1)  except [Except] as provided by Subdivision (3)
  [Subsection (c)], a county convention shall be held in a county if
  the county is not situated in more than one state senatorial
  district; [.]
               (2)  if [(b)  If] a county is situated in more than one
  state senatorial district, instead of a county convention a
  senatorial district convention shall be held in each part of the
  county that is situated in a different senatorial district, unless
  otherwise provided by party rule; or [.]
               (3)  if [(c)  If] the county executive committee for a
  political party determines that no suitable location for the county
  convention is available in the county, the county executive
  committee may apply to the state executive committee of that
  political party to issue an order permitting the county convention
  to be held at a location outside the county.
         (b)  An order under Subsection (a)(3) [this subsection] must
  be entered in the minutes of the state executive committee not later
  than the 30th day before the date the county convention is to be
  held.
         SECTION 19.  Section 174.063(a), Election Code, is amended
  to read as follows:
         (a)  Conventions [The county and senatorial district
  conventions] shall be held on a day set by the state executive
  committee by rule. These rules shall allow the committees at each
  level of convention to set the hour and place for convening their
  conventions [the third Saturday 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 20.  Sections 174.064(a) and (b), Election Code, are
  amended to read as follows:
         (a)  A notice of the hour and place for convening each county
  and senatorial district convention shall be posted electronically
  on the county or state party's Internet website or on the bulletin
  board used for posting notice of meetings of the commissioners
  court. The notice must remain posted continuously for the 10 days
  immediately preceding the date of the convention.
         (b)  Not later than the 10th day before the date of the county
  and senatorial district conventions, written notice either on paper
  or in electronic form of the hour and place for convening each
  convention shall be delivered to the county clerk.
         SECTION 21.  Section 174.065, Election Code, is amended to
  read as follows:
         Sec. 174.065.  ORGANIZING THE CONVENTION.  (a)  The state
  executive committee of a political party may adopt a rule requiring
  the county chair to be the permanent chair of the county convention
  or requiring the senatorial district executive committee member or
  chair of the district executive committee, as applicable, to be the
  permanent chair of the senatorial district convention, unless the
  person is absent or declines the position.  If a rule is not adopted
  under this subsection, the county chair is the temporary chair of a
  county convention held under this subchapter. If a senatorial
  district is situated in more than one county, the senatorial
  district executive committee member from each county is the
  temporary chair of the senatorial district convention held in the
  territory that the committee member represents unless the state
  executive committee has adopted a rule under this subsection. If a
  senatorial district is not situated in more than one county, the
  chair of the district executive committee is the temporary chair of
  the senatorial district convention unless the state executive
  committee has adopted a rule under this subsection.
         (b)  If the person designated as [temporary] chair by
  Subsection (a) is absent or declines the position, a delegate to the
  convention may act as temporary chair.
         (c)  The [temporary] chair shall call the convention to order
  and deliver the lists of delegates prepared under Section 174.027
  to the convention.
         (d)  The convention shall select a convention chair, if the
  person listed in Subsection (a) is not the permanent chair, is not
  present, or has declined the position, and a convention secretary
  from among the delegates present. The convention may select any
  other officers considered necessary to conduct the convention's
  business.
         SECTION 22.  Section 174.067, Election Code, is amended to
  read as follows:
         Sec. 174.067.  STATE CONVENTION DELEGATES SERVE UNTIL NEXT
  PRIMARY ELECTION [FOR REMAINDER OF YEAR]. State convention
  delegates selected under this subchapter serve as the delegates for
  all state conventions held until the next general primary election
  date [during the remainder of the year in which they are selected].
         SECTION 23.  Section 174.068, Election Code, is amended to
  read as follows:
         Sec. 174.068.  VOTING AT CONVENTION. The state executive
  committee may adopt rules concerning voting procedures for any
  party convention. If the state executive committee fails to adopt
  rules:
               (1)  the [(a) The] delegates selected by a particular
  precinct convention who attend the county or senatorial district
  convention are entitled to cast a number of votes equal to as many
  delegates as that precinct convention was entitled to select; and 
  [.]
               (2)  a [(b)  A] person may not vote a proxy at a county
  or senatorial district convention.
         SECTION 24.  Section 174.069, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  An electronic submission to the county chair through a
  system created by party rule constitutes a complete delivery under
  Subsection (b).
         SECTION 25.  Section 174.092(a), Election Code, is amended
  to read as follows:
         (a)  The biennial state convention shall be convened on a
  date selected by the state executive committee [any day in June or
  July].
         SECTION 26.  Section 174.093, Election Code, is amended to
  read as follows:
         Sec. 174.093.  NOTICE OF TIME AND PLACE. Before the date of
  the party's precinct conventions held under this chapter, the state
  chair shall post on the party's Internet website [deliver written
  notice of] the date, hour, and place for convening the biennial
  state convention [to the secretary of state, each county chair, and
  each temporary chair of a senatorial district convention].
         SECTION 27.  Section 174.094, Election Code, is amended to
  read as follows:
         Sec. 174.094.  ORGANIZING THE CONVENTION. (a) The state
  executive committee may adopt a rule requiring the state chair to be
  the permanent chair of the convention unless the state chair is
  absent or declines the position.  If a rule is not adopted under
  this subsection, the state chair is the temporary chair of the
  biennial state convention.
         (b)  The [temporary] chair shall call the convention to
  order.
         (c)  The [temporary] chair shall prepare a list of the names
  and residence addresses of the delegates and any alternate
  delegates to the convention and shall deliver the list to the
  convention.
         (d)  The convention shall select a convention chair, if the
  state chair is not the permanent chair, and a convention secretary.
  The convention may select any other officers considered necessary
  to conduct the convention's business.
         SECTION 28.  Section 174.096, Election Code, is amended to
  read as follows:
         Sec. 174.096.  VOTING AT CONVENTION. The state executive
  committee shall adopt rules concerning the voting procedures for
  the convention. If the state executive committee fails to adopt
  rules:
               (1)  the [(a) The] delegates selected by a particular
  county or senatorial district convention who attend the biennial
  state convention are entitled to cast a number of votes equal to as
  many delegates as that county or senatorial district convention was
  entitled to select; [.]
               (2)  a [(b)  A] person may not vote a proxy for
  delegates from more than one county or senatorial district; and
               (3)  a[. A] person who votes a proxy for a delegate
  from a county may not do so for a delegate from a senatorial
  district and vice versa.
         SECTION 29.  Section 181.063, Election Code, is amended to
  read as follows:
         Sec. 181.063.  HOUR AND PLACE OF PRECINCT AND COUNTY
  CONVENTIONS. The hours and places for convening the county
  convention and precinct conventions held under this chapter shall
  be set as provided by Section 174.022 [174.022(b)] for setting the
  hours and places of precinct conventions of a party holding a
  primary election.
         SECTION 30.  Section 181.066, Election Code, is amended to
  read as follows:
         Sec. 181.066.  ORGANIZING PRECINCT CONVENTION. (a) Unless
  the state executive committee has adopted rules providing that the
  precinct chair is the permanent chair, the [The] precinct chair is
  the temporary chair of a precinct convention held under this
  chapter. If the precinct chair is absent or declines the position,
  a participant may act as a temporary chair.
         (b)  Before conducting business, the precinct chair or
  temporary chair shall prepare a list containing the name and
  residence address of each person who is admitted to participate in
  the convention.  In preparing the list, the chair shall use
  information from preregistration if the party has adopted a
  preregistration process under Section 162.017.
         (c)  The precinct chair or temporary chair shall call the
  convention to order.
         (d)  The convention shall select a convention chair if a
  temporary chair is acting as chair. The convention may select any
  other officers considered necessary to conduct the convention's
  business.
         SECTION 31.  Section 181.067, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  An electronic submission to the county chair through a
  system created by party rule constitutes a complete delivery under
  Subsection (b).
         SECTION 32.  Sections 191.031(a) and (c), Election Code, are
  amended to read as follows:
         (a)  If a political party holding a primary election in a
  presidential election year desires to send delegates to a national
  presidential nominating convention of the party, the party shall
  select the delegates at a state convention convened on a date
  adopted by the state executive committee occurring in [any day in
  June of] the presidential election year. Before the date of the
  party's precinct conventions held under Chapter 174, the party's
  state executive committee shall choose the date, hour, and place
  for the state convention.
         (c)  Before the date of the party's precinct conventions, the
  party's state chair shall post on the party's Internet website
  [deliver written] notice of the date, hour, and place for the state
  convention [to:
               [(1)  the secretary of state;
               [(2)  each county chair of the party; and
               [(3)     the temporary chair of each senatorial district
  convention of the party].
         SECTION 33.  Sections 174.022(b) and 174.063(b) and (c),
  Election Code, are repealed.
         SECTION 34.  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3102 was passed by the House on May 8,
  2013, by the following vote:  Yeas 146, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3102 was passed by the Senate on May
  20, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor