87R30490 ADM-D
 
  By: Burrows H.R. No. 2022
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 87th Legislature, Regular Session 2021, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill 1987 (eligibility
  requirements to hold a political party office and the election of
  certain state officers of certain political parties at a primary
  election) to consider and take action on the following matters:
         (1)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 1 of the
  bill by adding Section 161.005(d), Election Code, to read as
  follows:
         (d)  If an officer of a political party described by
  Subsection (a-1) announces the officer's candidacy or becomes a
  candidate for an elective office of the federal, state, or county
  government, the announcement or candidacy constitutes an automatic
  resignation from the office currently held by the officer.  A
  vacancy arising under this subsection must be filled in the same
  manner as other vacancies for that office are filled.
         Explanation: This change is necessary to clarify the
  resignation requirements imposed by this bill.
         (2)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill by adding the following SECTIONS
  to the bill:
         SECTION 2.  Chapter 171, Election Code, is amended by adding
  Subchapter A-1 to read as follows:
  SUBCHAPTER A-1. STATE EXECUTIVE COMMITTEE FOR CERTAIN POLITICAL
  PARTIES NOMINATING BY PRIMARY ELECTION
         Sec. 171.011.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies to a political party holding a primary election
  in this state if the party's candidate for governor has received the
  greatest number of votes in at least six of the ten most recent
  gubernatorial elections.
         (b)  A provision of Subchapter A applies to a political party
  described by Subsection (a) except as provided by Subsection (c).
         (c)  To the extent of any conflict, a provision of this
  subchapter prevails over a provision in Subchapter A.
         Sec. 171.012.  ELECTION OF STATE PARTY OFFICERS AT GENERAL
  PRIMARY ELECTION. (a)  The chair of a political party to which this
  subchapter applies is elected to a regular term at the general
  primary election by the majority of qualified voters of the state
  who vote in the primary for that office.
         (b)  Members representing the senatorial or congressional
  districts are elected to a regular term at the general primary
  election by the majority of qualified voters of the state who reside
  in the district and who vote in the primary for that office. It is
  not required that the two members from each district be of the
  opposite sex.  Section 171.002(d) does not apply to a member elected
  to represent a senatorial or congressional district under this
  subchapter.
         (c)  If no candidate receives a majority of the votes, a
  runoff to determine the office is conducted in the same manner as a
  runoff primary election to determine a nomination for public
  office. The candidates to be in a runoff are determined in the same
  manner as candidates in a runoff for a nomination.
         (d)  The chair and members representing the senatorial or
  congressional districts each serve for a term of four years
  beginning the 20th day after runoff primary election day at the
  primary election held in gubernatorial election years.
         Sec. 171.013.  ELECTIONS NOT HELD. (a)  If only one
  candidate's name is to be placed on the ballot for an office under
  this subchapter, the election for that office is not held, and the
  unopposed candidate, if otherwise eligible, shall be declared
  elected to the office at the time of the canvass.
         (b)  The state chair shall prepare a document that shall be
  posted that states: "Pursuant to Section 171.013, Election Code,
  (insert name of unopposed candidate), if otherwise eligible, shall
  be declared elected to the office of (insert name of office) at the
  time of the local canvass."
         (c)  The county chair or entity contracted to hold the
  election shall distribute copies of the document to the presiding
  judge of the election precinct with the other election supplies. An
  election officer shall post the document in one or more locations in
  the polling place where it can be read by persons waiting to vote.
         Sec. 171.014.  RESIDENCE REQUIREMENT; DISTRICT BOUNDARIES.
  (a) To be eligible to be a candidate for or to serve on the state
  executive committee as a member representing a senatorial or
  congressional district, a person must reside in the district in
  addition to satisfying the other applicable eligibility
  requirements.
         (b)  If a change in a district boundary results in either
  more than one member residing in the district subject to the
  boundary change or no member residing in the district subject to the
  boundary change, a vacancy in the office representing that
  senatorial or congressional district is created and shall be filled
  in accordance with Section 171.003.
         (c)  For the purpose of determining whether a member
  representing a senatorial or congressional district is a resident
  of a particular county election precinct, a change in a district
  boundary is not effective until February 1 following the adoption
  of the order making the change, except as provided by Subsection
  (d).
         (d)  If a change in a district boundary made by an order
  adopted on or after February 1 of a primary election year is
  scheduled to become effective before general primary election day,
  the change is effective on the date the order is adopted for the
  purpose specified by Subsection (c).
         Sec. 171.015.  WRITE-IN CANDIDATES.  Write-in candidates are
  not permitted for an office described by this subchapter.
         SECTION 3.   Section 172.021(b), Election Code, is amended
  to read as follows:
         (b)  An application must, in addition to complying with
  Section 141.031, be accompanied by the appropriate filing fee or a
  petition in lieu of the filing fee that satisfies the requirements
  prescribed by Section 141.062. A political party may not require
  payment of a fee as a condition to applying for a place on the ballot
  as a candidate for a party office [county chair or precinct chair].
         SECTION 4.   Section 172.061, Election Code, is amended to
  read as follows:
         Sec. 172.061.  CANDIDATE FOR PARTY OFFICE. (a) Except for
  Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter
  applies to a candidate for a party office [county chair or precinct
  chair].
         (b)  If a runoff candidate for a party office [county chair
  or precinct chair] withdraws, the remaining candidate is considered
  to be elected and the runoff election for that office is not held.
         SECTION 5.   Section 172.089, Election Code, is amended to
  read as follows:
         Sec. 172.089.  ORDER OF PARTY OFFICES ON BALLOT. (a)  For a
  party to which Subchapter A-1, Chapter 171, does not apply, the 
  [The] party offices of county chair and precinct chair shall be
  listed on the primary election ballot after the public offices with
  the office of county chair listed first.
         (b)  For a party to which Subchapter A-1, Chapter 171,
  applies, the party offices of state chair, state executive
  committee member, county chair, and precinct chair shall be listed
  in that order on the primary election ballot after the public
  offices.
         SECTION 6.  The heading to Section 172.118, Election Code,
  is amended to read as follows:
         Sec. 172.118.  NOTICE OF PERSONS ELECTED AS PRECINCT AND
  COUNTY PARTY OFFICERS.
         SECTION 7.  Section 257.005(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by this section, the following are
  subject to the requirements of this title that apply to a candidate
  for public office:
               (1)  a candidate for state chair or state executive
  committee member of a political party with a nominee on the ballot
  in the most recent gubernatorial general election; and
               (2)  a candidate for election to the office of county
  chair of a political party with a nominee on the ballot in the most
  recent gubernatorial general election if the county has a
  population of 350,000 or more.
         SECTION 8.  The term of a state chair or state executive
  committee member of a political party to which Subchapter A-1,
  Chapter 171, Election Code, as added by this Act, applies, serving
  on the effective date of this Act ends on the 20th day after runoff
  primary election day, 2022.
         SECTION 9.  Except as provided by Section 8 of this Act, 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.
         Explanation: These changes are necessary to provide for the
  election at a primary election of certain political party officers.