By: Estes, Campbell S.B. No. 1398
Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to rules governing the allocation of delegates to a
political party's national presidential nominating convention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 191.007, Election Code, is amended to
read as follows:
Sec. 191.007. ALLOCATION OF DELEGATES. (a) Each political
party holding a presidential primary election shall adopt a rule
for allocating delegates [based on the results of the presidential
primary election].
(b) A rule adopted under this section may utilize either a
proportional or winner-take-all method, based on the results of the
primary election, which may be based on:
(1) a direct tie to statewide popular vote totals;
(2) a direct tie to congressional or state senatorial
district popular vote totals; or
(3) an alternative disproportionate method that is
based on statewide, congressional district, or state senatorial
district popular vote totals.
(c) Subsection (b) does not apply to delegates allocated:
(1) among party and elected officials; or
(2) through an allocation based on participants
registering for or attending a caucus or similar process. [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, shall 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. 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.