BILL ANALYSIS Senate Research Center S.B. 1398 83R10293 ADM-F By: Estes State Affairs 4/3/2013 As Filed BILL ANALYSIS Senate Research Center S.B. 1398 83R10293 ADM-F By: Estes State Affairs 4/3/2013 As Filed Senate Research Center S.B. 1398 83R10293 ADM-F By: Estes State Affairs 4/3/2013 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Texas is the largest Republican state in the Union and has a long and proud history of having political influence on the national stage. However, Texas Republicans have had a marginalized role in the selection of the Republican presidential nominee due to Texass late primary and the proportional delegate system it is compelled to utilize under the current Election Code. Current law requires the Republican Party to select 75 percent of its national delegates based on presidential primary results, and the remaining 25 percent are allocated among other candidates according to Republican Party of Texas (RPT) rules. RPT would like to be able to implement a winner-take-all system, thereby giving Texas Republicans a stronger voice in a presidential primary. As proposed, S.B. 1398 amends current law relating to rules governing the allocation of delegates to a political party's national presidential nominating convention. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 191.007, Election Code, as follows: Sec. 191.007. ALLOCATION OF DELEGATES. (a) Creates this subsection from existing text and makes no further change. (b) Authorizes a rule adopted under this section to utilize a winner-take-all method of allocation, which may be based on: (1) a direct tie to statewide popular vote totals; (2) a direct tie to congressional district popular vote totals; or (3) an alternative disproportionate method that is based on statewide or congressional district popular vote totals. (c) Provides that Subsection (b) does not apply to delegates allocated among party and elected officials. Deletes existing text requiring that at least 75 percent of the total number of delegates who are to represent this state at the party's national presidential nominating convention, excluding delegates allocated among party and elected officials, be allocated in accordance with the rule among one or more of the candidates whose names appear on the presidential primary election ballot and, if applicable, the uncommitted status. SECTION 2. Effective date: upon passage or September 1, 2013. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Texas is the largest Republican state in the Union and has a long and proud history of having political influence on the national stage. However, Texas Republicans have had a marginalized role in the selection of the Republican presidential nominee due to Texass late primary and the proportional delegate system it is compelled to utilize under the current Election Code. Current law requires the Republican Party to select 75 percent of its national delegates based on presidential primary results, and the remaining 25 percent are allocated among other candidates according to Republican Party of Texas (RPT) rules. RPT would like to be able to implement a winner-take-all system, thereby giving Texas Republicans a stronger voice in a presidential primary. As proposed, S.B. 1398 amends current law relating to rules governing the allocation of delegates to a political party's national presidential nominating convention. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 191.007, Election Code, as follows: Sec. 191.007. ALLOCATION OF DELEGATES. (a) Creates this subsection from existing text and makes no further change. (b) Authorizes a rule adopted under this section to utilize a winner-take-all method of allocation, which may be based on: (1) a direct tie to statewide popular vote totals; (2) a direct tie to congressional district popular vote totals; or (3) an alternative disproportionate method that is based on statewide or congressional district popular vote totals. (c) Provides that Subsection (b) does not apply to delegates allocated among party and elected officials. Deletes existing text requiring that at least 75 percent of the total number of delegates who are to represent this state at the party's national presidential nominating convention, excluding delegates allocated among party and elected officials, be allocated in accordance with the rule among one or more of the candidates whose names appear on the presidential primary election ballot and, if applicable, the uncommitted status. SECTION 2. Effective date: upon passage or September 1, 2013.