85R6403 ATP-D
 
  By: Fallon H.B. No. 1391
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring a presidential elector to vote for the
  candidates for president and vice-president who won the popular
  vote in this state for those offices; providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 192.003, Election Code, is amended to
  read as follows:
         Sec. 192.003.  METHOD OF BECOMING ELECTOR CANDIDATE. To
  become a presidential elector candidate or alternate elector, a
  person must be nominated as a political party's elector candidate
  or alternate elector in accordance with party rules or named as an
  elector candidate or alternate elector by an independent or
  write-in candidate for president.
         SECTION 2.  Section 192.006, Election Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The electors and alternate electors shall convene at the
  State Capitol at 2 p.m. on the first Monday after the second
  Wednesday in December following their election and shall perform
  their duties as prescribed by federal law.
         (d)  An elector must cast a ballot for a candidate for
  president or vice-president that corresponds to the candidates who
  received the most votes cast in this state for those offices.  An
  attempt to cast a ballot in a manner other than the manner required
  by this subsection:
               (1)  is not valid and is not considered a vote cast by
  an elector; and
               (2)  creates a vacancy in the position of the elector
  attempting to cast the ballot.
         SECTION 3.  Section 192.007, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A replacement elector for a vacancy created under
  Section 192.006(d)(2) must be from the list of alternate electors
  described by Section 192.031(c) or 192.032(i).
         SECTION 4.  Section 192.008(a), Election Code, is amended to
  read as follows:
         (a)  In performing their official duties, presidential
  electors and alternate electors are entitled to the same allowances
  for travel expenses as those granted to state employees.
         SECTION 5.  Subchapter A, Chapter 192, Election Code, is
  amended by adding Section 192.009 to read as follows:
         Sec. 192.009.  REQUIRED VOTE BY ELECTOR. (a) At the meeting
  of electors, an elector shall vote for the candidates for president
  and vice-president receiving the most votes in the general election
  for state and county officers.
         (b)  An elector who violates Subsection (a) is liable to this
  state for a civil penalty of $5,000.
         SECTION 6.  Section 192.031, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The party's state chair may provide a list of alternate
  electors for a vacancy created under Section 192.006(d)(2) in a
  number not to exceed the number of electors described by Subsection
  (a)(2)(B).
         SECTION 7.  Section 192.032, Election Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  An independent candidate may provide a list of alternate
  electors for a vacancy created under Section 192.006(d)(2) in a
  number not to exceed the number of electors described by Subsection
  (b)(2).
         SECTION 8.  This Act takes effect September 1, 2017.