Texas 2009 - 81st Regular

Texas House Bill HB1892 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7161 JRJ-D
2	2	By: Berman H.B. No. 1892
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nominations by primary election by all political
8	8	parties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 172.001, Election Code, is amended to
11	11	read as follows:
12	12	Sec. 172.001. NOMINATING BY PRIMARY ELECTION REQUIRED. A
13	13	[Except as otherwise provided by this code, a] political party's
14	14	nominees in the general election for offices of state and county
15	15	government and the United States Congress must be nominated by
16	16	primary election, held as provided by this code [, if the party's
17	17	nominee for governor in the most recent gubernatorial general
18	18	election received 20 percent or more of the total number of votes
19	19	received by all candidates for governor in the election].
20	20	SECTION 2. Section 162.001(b), Election Code, is amended to
21	21	read as follows:
22	22	(b) The affiliation requirement prescribed by Subsections
23	23	(a)(2) and (3) applies only during a voting year in which the
24	24	general election for state and county officers is held and does not
25	25	apply until[:
26	26	[(1)] general primary election day[, for a party
27	27	holding a primary election; or
28	28	[(2) the date of the precinct conventions held under
29	29	this title, for a party nominating by convention].
30	30	SECTION 3. Section 162.008(a), Election Code, is amended to
31	31	read as follows:
32	32	(a) This section applies only to a person desiring to
33	33	affiliate with a political party during that part of a voting year
34	34	in which the general election for state and county officers is held
35	35	that follows[:
36	36	[(1) the date of the precinct conventions held under
37	37	this title, for a party nominating by convention; or
38	38	[(2)] 7 p.m. on general primary election day[, for a
39	39	party holding a primary election].
40	40	SECTION 4. Section 202.006(a), Election Code, is amended to
41	41	read as follows:
42	42	(a) A political party's state, district, county, or
43	43	precinct executive committee, as appropriate for the particular
44	44	office, may nominate a candidate for the unexpired term if[:
45	45	[(1) in the case of a party holding a primary
46	46	election,] the vacancy occurs after the 62nd day before general
47	47	primary election day[; or
48	48	[(2) in the case of a party nominating by convention,
49	49	the vacancy occurs after the fourth day before the date the
50	50	convention having the power to make a nomination for the office
51	51	convenes].
52	52	SECTION 5. Section 251.001(1), Election Code, is amended to
53	53	read as follows:
54	54	(1) "Candidate" means a person who knowingly and
55	55	willingly takes affirmative action for the purpose of gaining
56	56	nomination or election to public office or for the purpose of
57	57	satisfying financial obligations incurred by the person in
58	58	connection with the campaign for nomination or election. Examples
59	59	of affirmative action include:
60	60	(A) the filing of a campaign treasurer
61	61	appointment, except that the filing does not constitute candidacy
62	62	or an announcement of candidacy for purposes of the automatic
63	63	resignation provisions of Article XVI, Section 65, or Article XI,
64	64	Section 11, of the Texas Constitution;
65	65	(B) the filing of an application for a place on a
66	66	ballot;
67	67	(C) [the filing of an application for nomination
68	68	by convention;
69	69	[(D)] the filing of a declaration of intent to
70	70	become an independent candidate or a declaration of write-in
71	71	candidacy;
72	72	(D) [(E)] the making of a public announcement of
73	73	a definite intent to run for public office in a particular election,
74	74	regardless of whether the specific office is mentioned in the
75	75	announcement;
76	76	(E) [(F)] before a public announcement of
77	77	intent, the making of a statement of definite intent to run for
78	78	public office and the soliciting of support by letter or other mode
79	79	of communication;
80	80	(F) [(G)] the soliciting or accepting of a
81	81	campaign contribution or the making of a campaign expenditure; and
82	82	(G) [(H)] the seeking of the nomination of an
83	83	executive committee of a political party to fill a vacancy.
84	84	SECTION 6. Section 253.153(a), Election Code, is amended to
85	85	read as follows:
86	86	(a) A judicial candidate or officeholder, a
87	87	specific-purpose committee for supporting or opposing a judicial
88	88	candidate, or a specific-purpose committee for assisting a judicial
89	89	officeholder may not knowingly accept a political contribution
90	90	except during the period:
91	91	(1) beginning on:
92	92	(A) the 210th day before the date an application
93	93	for a place on the ballot [or for nomination by convention] for the
94	94	office is required to be filed, if the election is for a full term;
95	95	or
96	96	(B) the later of the 210th day before the date an
97	97	application for a place on the ballot [or for nomination by
98	98	convention] for the office is required to be filed or the date a
99	99	vacancy in the office occurs, if the election is for an unexpired
100	100	term; and
101	101	(2) ending on the 120th day after the date of:
102	102	(A) the general election for state and county
103	103	officers, if the candidate or officeholder has an opponent in the
104	104	general election;
105	105	(B) except as provided by Subsection (c), the
106	106	runoff primary election, if the candidate or officeholder is a
107	107	candidate in the runoff primary election and does not have an
108	108	opponent in the general election; or
109	109	(C) except as provided by Subsection (c), the
110	110	general primary election, if the candidate or officeholder is not a
111	111	candidate in the runoff primary election and does not have an
112	112	opponent in the general election.
113	113	SECTION 7. Section 571.079(a), Government Code, is amended
114	114	to read as follows:
115	115	(a) Not later than the 15th day after the date on which an
116	116	application for a place on the general primary election ballot [or
117	117	for nomination by convention] is required to be filed, the
118	118	commission shall post on its Internet website:
119	119	(1) the name and address of each candidate for an
120	120	office specified by Section 252.005(1), Election Code, who has
121	121	failed to pay a civil penalty imposed by the commission for failure
122	122	to file with the commission a required report or statement under
123	123	Chapter 254, Election Code, or Chapter 572; and
124	124	(2) for each candidate listed under Subdivision (1),
125	125	the amount of the penalty imposed and the amount paid, if any.
126	126	SECTION 8. (a) Subtitle C, Title 10, Election Code, is
127	127	repealed.
128	128	(b) Sections 162.007, 172.002, and 202.005, Election Code,
129	129	are repealed.
130	130	SECTION 9. The changes in law made by this Act apply
131	131	beginning with nominations made for an election held on or after
132	132	January 1, 2010.
133	133	SECTION 10. This Act takes effect immediately if it
134	134	receives a vote of two-thirds of all the members elected to each
135	135	house, as provided by Section 39, Article III, Texas Constitution.
136	136	If this Act does not receive the vote necessary for immediate
137	137	effect, this Act takes effect September 1, 2009.