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By: Estes |
S.B. No. 1398 |
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(In the Senate - Filed March 7, 2013; March 18, 2013, read |
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first time and referred to Committee on State Affairs; |
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April 9, 2013, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 8, Nays 0; April 9, 2013, |
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sent to printer.) |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1398 |
By: Nichols |
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A BILL TO BE ENTITLED
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AN ACT
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relating to rules governing the allocation of delegates to a |
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political party's national presidential nominating convention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 191.007, Election Code, is amended to |
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read as follows: |
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Sec. 191.007. ALLOCATION OF DELEGATES. (a) Each political |
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party holding a presidential primary election shall adopt a rule |
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for allocating delegates [based on the results of the presidential
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primary election]. |
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(b) A rule adopted under this section may utilize either a |
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proportional or winner-take-all method, based on the results of the |
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primary election, which may be based on: |
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(1) a direct tie to statewide popular vote totals; |
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(2) a direct tie to congressional or state senatorial |
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district popular vote totals; or |
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(3) an alternative disproportionate method that is |
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based on statewide, congressional district, or state senatorial |
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district popular vote totals. |
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(c) Subsection (b) does not apply to delegates allocated: |
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(1) among party and elected officials; or |
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(2) through an allocation based on participants |
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registering for or attending a caucus or similar process. [At least
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75 percent of the total number of delegates who are to represent
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this state at the party's national presidential nominating
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convention, excluding delegates allocated among party and elected
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officials, shall be allocated in accordance with the rule among one
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or more of the candidates whose names appear on the presidential
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primary election ballot and, if applicable, the uncommitted
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status.] |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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* * * * * |