87R708 BRG-F
 
  By: Johnson S.B. No. 130
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of the Agreement Among the States to Elect
  the President by National Popular Vote.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 11, Election Code, is amended by adding
  Chapter 193 to read as follows:
  CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY
  NATIONAL POPULAR VOTE
         Sec. 193.001.  EXECUTION OF INTERSTATE COMPACT. This state
  enters into an agreement with all other states legally joining in
  the agreement in substantially the following form:
  AGREEMENT AMONG THE STATES TO ELECT THE PRESIDENT BY NATIONAL
  POPULAR VOTE
  ARTICLE I. MEMBERSHIP
         Any State of the United States and the District of Columbia
  may become a member of this agreement by enacting this agreement.
  ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR
  PRESIDENT AND VICE PRESIDENT
         Each member state shall conduct a statewide popular election
  for President and Vice President of the United States.
  ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL ELECTORS IN MEMBER
  STATES
         A.  Prior to the time set by law for the meeting and voting by
  the presidential electors, the chief election official of each
  member state shall determine the number of votes for each
  presidential slate in each State of the United States and in the
  District of Columbia in which votes have been cast in a statewide
  popular election and shall add such votes together to produce a
  "national popular vote total" for each presidential slate.
         B.  The chief election official of each member state shall
  designate the presidential slate with the largest national popular
  vote total as the "national popular vote winner."
         C.  The presidential elector certifying official of each
  member state shall certify the appointment in that official's own
  state of the elector slate nominated in that state in association
  with the national popular vote winner.
         D.  At least six days before the day fixed by law for the
  meeting and voting by the presidential electors, each member state
  shall make a final determination of the number of popular votes cast
  in the state for each presidential slate and shall communicate an
  official statement of such determination within 24 hours to the
  chief election official of each other member state.
         E.  The chief election official of each member state shall
  treat as conclusive an official statement containing the number of
  popular votes in a state for each presidential slate made by the day
  established by federal law for making a state's final determination
  conclusive as to the counting of electoral votes by Congress.
         F.  In event of a tie for the national popular vote winner,
  the presidential elector certifying official of each member state
  shall certify the appointment of the elector slate nominated in
  association with the presidential slate receiving the largest
  number of popular votes within that official's own state.
         G.  If, for any reason, the number of presidential electors
  nominated in a member state in association with the national
  popular vote winner is less than or greater than that state's number
  of electoral votes, the presidential candidate on the presidential
  slate that has been designated as the national popular vote winner
  shall have the power to nominate the presidential electors for that
  state and that state's presidential elector certifying official
  shall certify the appointment of such nominees.
         H.  The chief election official of each member state shall
  immediately release to the public all vote counts or statements of
  votes as they are determined or obtained.
         I.  This article shall govern the appointment of
  presidential electors in each member state in any year in which this
  agreement is, on July 20, in effect in states cumulatively
  possessing a majority of the electoral votes.
  ARTICLE IV. OTHER PROVISIONS
         A.  This agreement shall take effect when states
  cumulatively possessing a majority of the electoral votes have
  enacted this agreement in substantially the same form and the
  enactments by such states have taken effect in each state.
         B.  Any member state may withdraw from this agreement, except
  that a withdrawal occurring six months or less before the end of a
  President's term shall not become effective until a President or
  Vice President shall have been qualified to serve the next term.
         C.  The chief executive of each member state shall promptly
  notify the chief executive of all other states of when this
  agreement has been enacted and has taken effect in that official's
  state, when the state has withdrawn from this agreement, and when
  this agreement takes effect generally.
         D.  This agreement shall terminate if the electoral college
  is abolished.
         E.  If any provision of this agreement is held invalid, the
  remaining provisions shall not be affected.
  ARTICLE V. DEFINITIONS
         For purposes of this agreement,
         A.  "chief executive" shall mean the Governor of a State of
  the United States or the Mayor of the District of Columbia;
         B.  "elector slate" shall mean a slate of candidates who have
  been nominated in a state for the position of presidential elector
  in association with a presidential slate;
         C.  "chief election official" shall mean the state official
  or body that is authorized to certify the total number of popular
  votes for each presidential slate;
         D.  "presidential elector" shall mean an elector for
  President and Vice President of the United States;
         E.  "presidential elector certifying official" shall mean
  the state official or body that is authorized to certify the
  appointment of the state's presidential electors;
         F.  "presidential slate" shall mean a slate of two persons,
  the first of whom has been nominated as a candidate for President of
  the United States and the second of whom has been nominated as a
  candidate for Vice President of the United States, or any legal
  successors to such persons, regardless of whether both names appear
  on the ballot presented to the voter in a particular state;
         G.  "state" shall mean a State of the United States and the
  District of Columbia; and
         H.  "statewide popular election" shall mean a general
  election in which votes are cast for presidential slates by
  individual voters and counted on a statewide basis.
         Sec. 193.002.  EFFECT OF TEXAS LAWS. If the laws of this
  state conflict with the compact, the compact controls, except that
  in the event of a conflict between the compact and the Texas
  Constitution, as determined by the courts of this state, the Texas
  Constitution controls.
         SECTION 2.  This Act takes effect September 1, 2021.