89R14834 MLH-D

By: Lowe H.B. No. 4000

A BILL TO BE ENTITLED

AN ACT

relating to providing for the statewide election of the speaker of the house of representatives by the voters of this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.092(c), Election Code, is amended to read as follows:

(c) Statewide offices of the state government shall be listed in the following order:

(1) governor;

(2) lieutenant governor;

(3) speaker of the house of representatives;

(4) attorney general;

(5) [(4)] comptroller of public accounts;

(6) [(5)] commissioner of the General Land Office;

(7) [(6)] commissioner of agriculture;

(8) [(7)] railroad commissioner;

(9) [(8)] chief justice, supreme court;

(10) [(9)] justice, supreme court;

(11) [(10)] presiding judge, court of criminal appeals;

(12) [(11)] judge, court of criminal appeals.

SECTION 2. Section 67.008, Election Code, is amended to read as follows:

Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR, [AND] LIEUTENANT GOVERNOR, AND SPEAKER OF THE HOUSE. (a) In addition to the returns required by Section 67.007, each county clerk shall prepare separate county election returns of an election for the office of governor, [or] lieutenant governor, or speaker of the house of representatives that contain the same information as the returns for those offices prepared under Section 67.007.

(b) The returns shall be delivered to the secretary of state as provided by Section 67.007.

(c) The secretary of state shall retain the returns until the first day of the next regular legislative session, when the secretary shall deliver the returns to the speaker of the house of representatives or, for the office of speaker of the house, to the speaker pro tempore.

(d) The county clerk shall retain a copy of the county returns for the offices to which this section applies [of governor and lieutenant governor] for the period for preserving the precinct election records.

SECTION 3. Section 67.009(a), Election Code, is amended to read as follows:

(a) Before each election for which county election returns are required, the secretary of state shall deliver to each county clerk in the territory covered by the election two copies of the officially prescribed form for reporting county election returns. The secretary shall also deliver two copies of the official form for the separate returns for the offices of governor, [and] lieutenant governor, and speaker of the house of representatives, if applicable.

SECTION 4. Section 67.010(a), Election Code, is amended to read as follows:

(a) The county election returns for an election for a statewide office other than governor, [or] lieutenant governor, or speaker of the house of representatives, a statewide measure, a district office, or president and vice-president of the United States shall be canvassed by the governor.

SECTION 5. Section 67.011(a), Election Code, is amended to read as follows:

(a) The county election returns for an election for the office of governor, [or] lieutenant governor, or speaker of the house of representatives shall be canvassed by the legislature and the official result declared by the speaker of the house of representatives in accordance with [Article IV,] Section 3, Article IV, [of the] Texas Constitution, or by the speaker pro tempore of the house of representatives in accordance with Section 9-a, Article III, Texas Constitution.

SECTION 6. Section 67.015(e), Election Code, is amended to read as follows:

(e) If a discrepancy exists between the legislature's canvass of the election for governor, [or] lieutenant governor, or speaker of the house of representatives and the register entries pertaining to any [either] of those offices that are made from the secretary of state's tabulation, the secretary shall make the entries in the register necessary to make it correspond to the legislature's canvass.

SECTION 7. Section 67.016(g), Election Code, is amended to read as follows:

(g) This section does not apply to the offices of governor, [and] lieutenant governor, and speaker of the house of representatives.

SECTION 8. Section 203.001, Election Code, is amended to read as follows:

Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter applies to the offices of speaker of the house of representatives, state senator, and state representative.

SECTION 9. If this Act takes effect as provided by Section 10 of this Act:

(1) the initial election for the office of speaker of the house of representatives as provided by the proposed constitutional amendment shall be held at the general election for state and county officers conducted in 2026; and

(2) the secretary of state by order may extend the deadline for filing as a candidate for the office of speaker in connection with the initial election in 2026 as necessary to provide a period of at least five business days during which a candidate may file for election as speaker.

SECTION 10. This Act takes effect when the constitutional amendment proposed by the 89th Legislature, Regular Session, 2025, providing for the statewide election of the speaker of the house of representatives by the voters of this state takes effect if that proposed amendment is approved by the voters. If that amendment is not approved by the voters, this Act has no effect.