BILL ANALYSIS

 

 

Senate Research Center

H.B. 3456

84R25909 ADM-D

By: Paul; Miller, Rick (Estes)

 

State Affairs

 

5/21/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

H.B. 3456 requires the state chair to call a meeting of the district executive committee of a political party to convene either as a whole in one location or separately in each county in the district at any time after the precinct chairs take office to fill a vacancy in a nomination or to transact any other business by the committee. The bill requires the state chair to notify the members of the district executive committee in advance of the time, place, and purpose of any meeting or meetings. The bill requires, if a vacancy exists in the office of senatorial district chair for a county immediately before the date for conducting the regular drawing for a place on the general primary ballot, the appropriate county executive committee members to convene on that date at the hour and place specified by the county chair to elect that officer. The bill requires the members of the district executive committee, if the committee is meeting as a whole in one location, to elect a chair at the committee's first meeting from among the committee membership. The bill requires the members of the district executive committee meeting in each county, if the committee is meeting separately in each county, to elect a chair at the committee's first meeting from among the committee membership in that county. The bill, for the purposes of filling a vacancy in a nomination, requires the state chair to canvass the votes of the district executive committee when meeting separately in each county and to make the required certification of a replacement nominee for placement on the ballot.

 

H.B. 3456 amends current law relating to the composition of a district executive committee of a political party.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 171.054, Election Code, as follows:

 

Sec. 171.054.  COMMITTEE COMPOSITION:  DISTRICT SITUATED IN MORE THAN ONE COUNTY;  FIRST MEETING.  (a)  Provides that the district executive committee for a district situated in more than one county consists of the members of each county executive committee who reside in the district.

 

Deletes existing text of Subsection (a) providing that the district executive committee for a district situated in more than one county consists of the county chair of each county that is wholly situated in the district and one precinct chair from each county that is only partly situated in the district, elected by and from among the precinct chairs of the precincts in that part of the county.

 

(b) Requires the state chair to call a meeting of the district executive committee to convene either as a whole in one location or separately in each county in the district at any time after the precinct chairs take office to fill a vacancy in a nomination or to transact any other business by the committee, rather than requires the county chair, except as provided by Subsection (c), to call a meeting to convene at any time after the precinct chairs take office to elect the precinct chair who is to serve on a district executive committee. Requires the state chair to notify the members of the district executive committee in advance of the time, place, and purpose of any meeting or meetings, rather than requires the county chair to notify the appropriate precinct chairs in advance of the meeting of its time, place, and purpose.

 

Deletes existing text of Subsection (b) requiring the county chair to deliver to the state chair written notice of the name and address of the person elected not later than the third day after the date the district executive committee member is elected.

 

(c) Requires the appropriate county executive committee members, if a vacancy exists in the office of senatorial district chair for a county immediately before the date for conducting the regular drawing for a place on the general primary ballot, to convene on that date at the hour and place specified by the county chair to elect that officer, rather than requires the appropriate precinct chairs, if a vacancy exists in the office of precinct chair on a senatorial district executive committee immediately before the date for conducting the regular drawing for a place on the general primary ballot, to convene on that date at the hour and place specified by the county chair to elect that officer.

 

(d) Requires the members of the committee, if the district executive committee is meeting as a whole in one location, to elect a chair at the committee’s first meeting from among the committee membership, rather than requires the members of a district executive committee to elect a chair at the committee's first meeting from among the committee membership.  Requires the members meeting in each county, if the district executive committee is meeting separately in each county, to elect a chair at the committee's first meeting from among the committee membership in that county.

 

(e) Requires the state chair, for the purposes of filling a vacancy in a nomination, to canvass the votes of the district executive committee when meeting separately in each county and make the certification required by Section 145.037 (Certification of Replacement Nominee for Placement on Ballot). Deletes existing text requiring the state chair to call the first meeting of the district executive committee and to notify each committee member in advance of the meeting of its time, place, and purpose.

 

(f)  Requires the state executive committee to by rule determine the quorum requirements for a district executive committee to conduct business.

 

(g)  Authorizes the state executive committee to by rule require a specific deadline for filling vacancies on a district executive committee prior to that committee filling a vacancy in nomination for public office, but may not set the deadline for a date later than the date that the vacancy in nomination for public office must be filled.  Authorizes a rule adopted under this subsection to also include a requirement that a county executive committee publicly post on the committee's website the names and addresses of district executive committee members as of the deadline specified in the rule.

 

SECTION 2. Effective date: September 1, 2015.