BILL ANALYSIS

 

 

Senate Research Center

H.B. 1987

 

By: Vasut (Taylor)

 

State Affairs

 

5/19/2021

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under Election Code Section 161.005(a), to be eligible to be a candidate for or to serve as a county or precinct chair of a political party, a person must be a qualified voter of the county and not be a candidate for nomination or election to or be the holder of, an elective office of the federal, state, or county government. Section 161.005(c) exempts county or precinct chairs of political parties with state organizations that nominate by convention from these requirements.

 

Concerned parties have suggested that this resign-to-run or resign-to-serve requirement does not apply equally between local and state party officials. Current law also exempts political parties with state organizations who nominate by convention from this resign-to-run or resign-to-serve requirement. Concerned parties have suggested that this requirement should apply equally to those political parties.

 

The bill attempts to provide parity between local and state political party officials and treat political parties in the state equally by standardizing the requirements to serve as a party officer.

 

H.B. 1987 amends current law relating to eligibility requirements to hold a political party office.

 

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 161.005, Election Code, by amending Subsections (a) and (c) and adding Subsection (a-1), as follows:

 

(a) Requires a person, to be eligible to be a candidate for or to serve as an officer of a political party, rather than to serve as a county or precinct chair of a political party, to:

 

(1) except as provided by Subsection (c) (relating to authorizing certain individuals to serve as a county or precinct chair of a party with a state organization), not be a candidate for nomination or election to, or be the holder of, an elective office of the federal, state, or county government; and

 

(2)  if the office is a county or precinct chair of a political party, be a qualified voter of the county.

 

Makes nonsubstantive changes.

 

(a-1) Provides that, for purposes of Section 161.005 (Eligibility for Party Offices Generally), the following are officers of a political party: precinct chair, county chair, and a member, vice chair, and chair of a state executive committee of a political party.

 

(c) Provides that a candidate for nomination or election to, or the holder of, an elective office of the federal, state, or county government is eligible to serve as an officer, rather than to serve as a county or precinct chair, of a political party to which Chapter 181 (Party with State Organization) applies.

 

SECTION 2. Provides that this Act applies only to a candidate for nomination or election to an office the term of which begins on or after the effective date of this Act.

 

SECTION 3. Effective date: September 1, 2021.