83R15746 ATP-D
By: Morrison H.B. No. 3102
Substitute the following for H.B. No. 3102:
By: Morrison C.S.H.B. No. 3102
A BILL TO BE ENTITLED
AN ACT
relating to political parties' governance and conventions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.001(a), Election Code, is amended to
read as follows:
(a) A person must be affiliated with a political party to be
eligible [to]:
(1) to serve as a delegate to or otherwise participate
in a convention held by the party under this code;
(2) to be elected as a member of or be appointed to
fill a vacancy on a state executive committee; [or]
(3) to be appointed to fill a vacancy on a county
executive committee; or
(4) for any other purpose within the party as adopted
by state party rules.
SECTION 2. Section 162.008, Election Code, is amended to
read as follows:
Sec. 162.008. AFFILIATION PROCEDURE: TAKING OATH
GENERALLY. (a) A [This section applies only to a] person may
[desiring to] affiliate with a political party at any time by taking
an oath of affiliation [during that part of a voting year in which
the general election for state and county officers is held that
follows:
[(1) the date of the precinct conventions held under
this title, for a party nominating by convention; or
[(2) 7 p.m. on general primary election day, for a
party holding a primary election].
(b) On request of a person desiring to affiliate with a
political party, a member of the county executive committee for the
county in which the person resides or other person authorized by
party rule shall administer the oath prescribed by Section
162.007(b).
(c) After administering the oath, the committee member or
authorized person shall stamp the party's name on the person's
registration certificate or issue the person an affiliation
certificate as provided by Section 162.007(c).
SECTION 3. Section 162.010, Election Code, is amended to
read as follows:
Sec. 162.010. DURATION OF AFFILIATION. (a) Except as
provided by Subsection (b), a [A] party affiliation expires at the
end of the voting year in which the person became affiliated.
(b) A party affiliation made in an odd-numbered year expires
on the first day on which a person may file an application for a
place on the general primary election ballot.
SECTION 4. Section 162.011(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if for the purpose of
participating in a political party's convention or other party
meeting or event the person presents to a party official:
(1) an affiliation certificate that the person knows
was not issued in compliance with this chapter; or
(2) a voter registration certificate with a party
affiliation stamp that the person knows was not obtained in
compliance with this chapter.
SECTION 5. Chapter 162, Election Code, is amended by adding
Section 162.017 to read as follows:
Sec. 162.017. PREREGISTRATION. (a) A political party
holding a precinct convention may preregister attendees for the
convention by electronic means or any other method the party may
adopt by rule.
(b) The party may, through the preregistration process,
collect the following information from attendees:
(1) demographic data;
(2) information needed to organize and prepare records
of the convention; and
(3) any additional information required by party rule.
(c) In a presidential election year, the party may collect
through preregistration declarations of support for presidential
candidates or a statement of uncommitted status. The party may by
rule use this information to aid in the selection of delegates to
its county or senatorial district convention.
(d) If a political party collects declarations of support
for presidential candidates or a statement of uncommitted status
through preregistration under Subsection (c), it must employ a
process by which an attendee may change the attendee's stated
preference before the precinct convention.
(e) The preregistration process must include the statement
described by Section 162.004(a) and require a preregistering
attendee to affiliate with the party by taking the oath described in
Section 162.007(b).
(f) The date and time at which preregistration opens and
closes may be set by party rule.
(g) A person who does not preregister to attend a precinct
convention under this section may register in person at the
convention and must have voting rights identical to those of a
person who preregistered.
SECTION 6. Section 163.004(a), Election Code, is amended to
read as follows:
(a) A political party's rules, including amendments to
rules, governing or affecting its general or runoff primary
elections, conventions held under this code, or nominees may be
adopted only by:
(1) a state convention; or
(2) the state executive committee as:
(A) a temporary rule, if adoption before the next
state convention is necessary; or
(B) a permanent rule, if the state executive
committee is expressly required or authorized by statute to adopt a
rule.
SECTION 7. The heading to Section 163.005, Election Code,
is amended to read as follows:
Sec. 163.005. FILING AND POSTING RULES [WITH SECRETARY OF
STATE]; EFFECTIVE DATE.
SECTION 8. Section 163.005, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) All rules, temporary or permanent, shall be posted on
the state party's Internet website.
SECTION 9. Section 163.006(a), Election Code, is amended to
read as follows:
(a) A rule on electoral affairs that is to become effective
in a year in which the party will hold precinct conventions under
this title must be filed with the secretary of state and posted on
the party's Internet website not later than the 30th day before the
date the party convenes its earliest [of convening the] precinct
conventions. The secretary of state may extend this deadline for
good cause.
SECTION 10. Section 171.0221(b), Election Code, is amended
to read as follows:
(b) The county chair shall prepare a document that shall be
posted [sign] that states: "Pursuant to Section 171.0221, Election
Code, (insert name of unopposed candidate for precinct chair), if
otherwise eligible, shall be declared elected to the office of
precinct chair at the time of the local canvass." The county chair
or entity contracted to hold the election shall distribute copies
of the document [sign] to the presiding judge of the election
precinct with the other election supplies. An election officer
shall post the document [sign] in one or more locations in the
polling place where it can be read by persons waiting to vote.
SECTION 11. Sections 171.024(a), (b), and (e), Election
Code, are amended to read as follows:
(a) The county executive committee shall fill by
appointment any vacancy on the committee. The state executive
committee may by rule adopt procedures for filling vacancies.
(b) The state executive committee shall adopt rules
regarding how many members of the county executive committee
constitute a quorum for the purpose of [Except as provided by
Subsection (c), a majority of the committee's membership must
participate in] filling a vacancy. To be elected, a person must
receive a favorable vote of a majority of the members voting.
(e) After a vacancy is filled, the county chair shall
promptly deliver written or electronic notice of the replacement
member's name and address to the state chair and to the county
clerk.
SECTION 12. Section 174.021, Election Code, is amended to
read as follows:
Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND
SENATORIAL DISTRICT CONVENTIONS. (a) The delegates to a political
party's county and senatorial district conventions held under this
chapter shall be selected in accordance with party rules at
precinct conventions held as provided by this subchapter.
(b) A political party may by rule allow a county to hold
precinct conventions before the county convention on the same day
and at the same place as the county convention. The rule may modify
other provisions of this subchapter as necessary for the county to
hold precinct conventions as provided by this subsection.
SECTION 13. Sections 174.022(a), (c), and (d), Election
Code, are amended to read as follows:
(a) The precinct conventions may be held at a time and place
as determined by rules adopted by the state executive committee of a
political party [in the regular county election precincts on:
[(1) general primary election day; and
[(2) a date determined by the county executive
committee that occurs not later than the fifth day after the date of
the general primary election].
(c) If [precinct] conventions are held on general primary
election day, the hour set for convening the conventions may not be
earlier than 7 p.m. or later than 9 p.m., but a convention may not
convene until the last voter has voted at the precinct polling
place. If [precinct] conventions are held on a day other than
general primary election day, the county executive committee shall
set the hour for convening or a time frame in which the conventions
must convene.
(d) The place selected for a [precinct] convention must meet
the same requirements for access by the elderly and persons with
physical disabilities as a polling place under Section 43.034(a).
SECTION 14. Sections 174.023(a) and (b), Election Code, are
amended to read as follows:
(a) The county chair shall post a notice of the date, hour,
and place for convening each [precinct] convention on the county or
state party's Internet website or other Internet location easily
found through a search engine. If the county party does not
maintain an Internet website, the chair shall post the notice on the
county commissioner's bulletin board [used for posting notice of
meetings of the commissioners court]. The notice must remain
posted continuously for the 10 days immediately preceding the date
of the convention.
(b) Not later than the 10th day before the date of the
precinct conventions, the county chair shall deliver to the county
clerk written notice either on paper or in electronic form of the
date, hour, and place for convening each precinct convention.
SECTION 15. Sections 174.025(a), (c), (d), and (e),
Election Code, are amended to read as follows:
(a) The state executive committee of a political party may
adopt a rule requiring the precinct chair to be the permanent chair
of the precinct convention unless the precinct chair is absent or
declines the position. If a rule is not adopted under this
subsection, the precinct chair is the temporary chair of the
precinct convention held under this subchapter.
(c) Before conducting business, the precinct [temporary]
chair shall prepare a list containing the name and residence
address of each person who is admitted to participate in the
convention.
(d) The precinct [temporary] chair shall call the
convention to order.
(e) The convention shall select a convention chair, if the
precinct chair is not the permanent chair, and a convention
secretary. The convention may select any other officers considered
necessary to conduct the convention's business.
SECTION 16. Section 174.026, Election Code, is amended to
read as follows:
Sec. 174.026. CONVENTION BUSINESS. After the convention is
organized, the convention shall select its delegates to the
subsequent [county or senatorial district] convention and conduct
any other convention business.
SECTION 17. Section 174.027, Election Code, is amended by
amending Subsection (d) and adding Subsection (g) to read as
follows:
(d) The county chair shall retain the copies of the lists
stored in paper or electronic files until the end of the voting year
in which they are received.
(g) An electronic submission to the county chair through a
system created by party rule constitutes a complete delivery under
Subsection (c).
SECTION 18. Section 174.062, Election Code, is amended to
read as follows:
Sec. 174.062. TYPE OF CONVENTION HELD. (a) A party may
adopt rules for holding conventions at any level before and
including the state convention. If a state executive committee has
not adopted other rules, conventions shall be held as follows:
(1) except [Except] as provided by Subdivision (3)
[Subsection (c)], a county convention shall be held in a county if
the county is not situated in more than one state senatorial
district; [.]
(2) if [(b) If] a county is situated in more than one
state senatorial district, instead of a county convention a
senatorial district convention shall be held in each part of the
county that is situated in a different senatorial district, unless
otherwise provided by party rule; or [.]
(3) if [(c) If] the county executive committee for a
political party determines that no suitable location for the county
convention is available in the county, the county executive
committee may apply to the state executive committee of that
political party to issue an order permitting the county convention
to be held at a location outside the county.
(b) An order under Subsection (a)(3) [this subsection] must
be entered in the minutes of the state executive committee not later
than the 30th day before the date the county convention is to be
held.
SECTION 19. Section 174.063(a), Election Code, is amended
to read as follows:
(a) Conventions [The county and senatorial district
conventions] shall be held on a day set by the state executive
committee by rule. These rules shall allow the committees at each
level of convention to set the hour and place for convening their
conventions [the third Saturday after general primary election day.
However, if that date occurs during Passover or on the day following
Good Friday, the conventions shall be held on the next Saturday that
does not occur during Passover or on the day following Good Friday].
SECTION 20. Sections 174.064(a) and (b), Election Code, are
amended to read as follows:
(a) A notice of the hour and place for convening each county
and senatorial district convention shall be posted electronically
on the county or state party's Internet website or on the bulletin
board used for posting notice of meetings of the commissioners
court. The notice must remain posted continuously for the 10 days
immediately preceding the date of the convention.
(b) Not later than the 10th day before the date of the county
and senatorial district conventions, written notice either on paper
or in electronic form of the hour and place for convening each
convention shall be delivered to the county clerk.
SECTION 21. Section 174.065, Election Code, is amended to
read as follows:
Sec. 174.065. ORGANIZING THE CONVENTION. (a) The state
executive committee of a political party may adopt a rule requiring
the county chair to be the permanent chair of the county convention
or requiring the senatorial district executive committee member or
chair of the district executive committee, as applicable, to be the
permanent chair of the senatorial district convention, unless the
person is absent or declines the position. If a rule is not adopted
under this subsection, the county chair is the temporary chair of a
county convention held under this subchapter. If a senatorial
district is situated in more than one county, the senatorial
district executive committee member from each county is the
temporary chair of the senatorial district convention held in the
territory that the committee member represents unless the state
executive committee has adopted a rule under this subsection. If a
senatorial district is not situated in more than one county, the
chair of the district executive committee is the temporary chair of
the senatorial district convention unless the state executive
committee has adopted a rule under this subsection.
(b) If the person designated as [temporary] chair by
Subsection (a) is absent or declines the position, a delegate to the
convention may act as temporary chair.
(c) The [temporary] chair shall call the convention to order
and deliver the lists of delegates prepared under Section 174.027
to the convention.
(d) The convention shall select a convention chair, if the
person listed in Subsection (a) is not the permanent chair, is not
present, or has declined the position, and a convention secretary
from among the delegates present. The convention may select any
other officers considered necessary to conduct the convention's
business.
SECTION 22. Section 174.067, Election Code, is amended to
read as follows:
Sec. 174.067. STATE CONVENTION DELEGATES SERVE UNTIL NEXT
PRIMARY ELECTION [FOR REMAINDER OF YEAR]. State convention
delegates selected under this subchapter serve as the delegates for
all state conventions held until the next general primary election
date [during the remainder of the year in which they are selected].
SECTION 23. Section 174.068, Election Code, is amended to
read as follows:
Sec. 174.068. VOTING AT CONVENTION. The state executive
committee may adopt rules concerning voting procedures for any
party convention. If the state executive committee fails to adopt
rules:
(1) the [(a) The] delegates selected by a particular
precinct convention who attend the county or senatorial district
convention are entitled to cast a number of votes equal to as many
delegates as that precinct convention was entitled to select; and
[.]
(2) a [(b) A] person may not vote a proxy at a county
or senatorial district convention.
SECTION 24. Section 174.069, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An electronic submission to the county chair through a
system created by party rule constitutes a complete delivery under
Subsection (b).
SECTION 25. Section 174.092(a), Election Code, is amended
to read as follows:
(a) The biennial state convention shall be convened on a
date selected by the state executive committee [any day in June or
July].
SECTION 26. Section 174.093, Election Code, is amended to
read as follows:
Sec. 174.093. NOTICE OF TIME AND PLACE. Before the date of
the party's precinct conventions held under this chapter, the state
chair shall post on the party's Internet website [deliver written
notice of] the date, hour, and place for convening the biennial
state convention [to the secretary of state, each county chair, and
each temporary chair of a senatorial district convention].
SECTION 27. Section 174.094, Election Code, is amended to
read as follows:
Sec. 174.094. ORGANIZING THE CONVENTION. (a) The state
executive committee may adopt a rule requiring the state chair to be
the permanent chair of the convention unless the state chair is
absent or declines the position. If a rule is not adopted under
this subsection, the state chair is the temporary chair of the
biennial state convention.
(b) The [temporary] chair shall call the convention to
order.
(c) The [temporary] chair shall prepare a list of the names
and residence addresses of the delegates and any alternate
delegates to the convention and shall deliver the list to the
convention.
(d) The convention shall select a convention chair, if the
state chair is not the permanent chair, and a convention secretary.
The convention may select any other officers considered necessary
to conduct the convention's business.
SECTION 28. Section 174.096, Election Code, is amended to
read as follows:
Sec. 174.096. VOTING AT CONVENTION. The state executive
committee shall adopt rules concerning the voting procedures for
the convention. If the state executive committee fails to adopt
rules:
(1) the [(a) The] delegates selected by a particular
county or senatorial district convention who attend the biennial
state convention are entitled to cast a number of votes equal to as
many delegates as that county or senatorial district convention was
entitled to select; [.]
(2) a [(b) A] person may not vote a proxy for
delegates from more than one county or senatorial district; and
(3) a[. A] person who votes a proxy for a delegate
from a county may not do so for a delegate from a senatorial
district and vice versa.
SECTION 29. Section 181.063, Election Code, is amended to
read as follows:
Sec. 181.063. HOUR AND PLACE OF PRECINCT AND COUNTY
CONVENTIONS. The hours and places for convening the county
convention and precinct conventions held under this chapter shall
be set as provided by Section 174.022 [174.022(b)] for setting the
hours and places of precinct conventions of a party holding a
primary election.
SECTION 30. Section 181.066, Election Code, is amended to
read as follows:
Sec. 181.066. ORGANIZING PRECINCT CONVENTION. (a) Unless
the state executive committee has adopted rules providing that the
precinct chair is the permanent chair, the [The] precinct chair is
the temporary chair of a precinct convention held under this
chapter. If the precinct chair is absent or declines the position,
a participant may act as a temporary chair.
(b) Before conducting business, the precinct chair or
temporary chair shall prepare a list containing the name and
residence address of each person who is admitted to participate in
the convention. In preparing the list, the chair shall use
information from preregistration if the party has adopted a
preregistration process under Section 162.017.
(c) The precinct chair or temporary chair shall call the
convention to order.
(d) The convention shall select a convention chair if a
temporary chair is acting as chair. The convention may select any
other officers considered necessary to conduct the convention's
business.
SECTION 31. Section 181.067, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) An electronic submission to the county chair through a
system created by party rule constitutes a complete delivery under
Subsection (b).
SECTION 32. Sections 191.031(a) and (c), Election Code, are
amended to read as follows:
(a) If a political party holding a primary election in a
presidential election year desires to send delegates to a national
presidential nominating convention of the party, the party shall
select the delegates at a state convention convened on a date
adopted by the state executive committee occurring in [any day in
June of] the presidential election year. Before the date of the
party's precinct conventions held under Chapter 174, the party's
state executive committee shall choose the date, hour, and place
for the state convention.
(c) Before the date of the party's precinct conventions, the
party's state chair shall post on the party's Internet website
[deliver written] notice of the date, hour, and place for the state
convention [to:
[(1) the secretary of state;
[(2) each county chair of the party; and
[(3) the temporary chair of each senatorial district
convention of the party].
SECTION 33. Sections 174.022(b) and 174.063(b) and (c),
Election Code, are repealed.
SECTION 34. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.