Texas 2015 - 84th Regular

Texas House Bill HB1214 Compare Versions

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

Old	New	Differences
1	1	84R3605 JRJ-D
2	2	By: Larson H.B. No. 1214
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the date of the primary election and related
8	8	procedures.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 41.007(a), (b), and (c), Election Code,
11	11	are amended to read as follows:
12	12	(a) The general primary election date is the fourth [first]
13	13	Tuesday in January [March] in each even-numbered year.
14	14	(b) The runoff primary election date is the fourth Tuesday
15	15	in March [May] following the general primary election.
16	16	(c) The presidential primary election date is the fourth
17	17	[first] Tuesday in January [March] in each presidential election
18	18	year.
19	19	SECTION 2. Section 141.031(a), Election Code, is amended to
20	20	read as follows:
21	21	(a) A candidate's application for a place on the ballot that
22	22	is required by this code must:
23	23	(1) be in writing;
24	24	(2) be signed and sworn to by the candidate and
25	25	indicate the date that the candidate swears to the application;
26	26	(3) be timely filed with the appropriate authority;
27	27	and
28	28	(4) include:
29	29	(A) the candidate's name;
30	30	(B) the candidate's occupation;
31	31	(C) the office sought, including any place number
32	32	or other distinguishing number;
33	33	(D) an indication of whether the office sought is
34	34	to be filled for a full or unexpired term if the office sought and
35	35	another office to be voted on have the same title but do not have
36	36	place numbers or other distinguishing numbers;
37	37	(E) a statement that the candidate is a United
38	38	States citizen;
39	39	(F) a statement that the candidate has not been
40	40	determined by a final judgment of a court exercising probate
41	41	jurisdiction to be:
42	42	(i) totally mentally incapacitated; or
43	43	(ii) partially mentally incapacitated
44	44	without the right to vote;
45	45	(G) a statement that the candidate has not been
46	46	finally convicted of a felony from which the candidate has not been
47	47	pardoned or otherwise released from the resulting disabilities;
48	48	(H) the candidate's date of birth;
49	49	(I) the candidate's residence address or, if the
50	50	residence has no address, the address at which the candidate
51	51	receives mail and a concise description of the location of the
52	52	candidate's residence;
53	53	(J) the candidate's length of continuous
54	54	residence in the state and in the territory from which the office
55	55	sought is elected as of the date the candidate swears to the
56	56	application;
57	57	(K) the statement: "I, __________, of __________
58	58	County, Texas, being a candidate for the office of __________,
59	59	swear that I will support and defend the constitution and laws of
60	60	the United States and of the State of Texas"; [and]
61	61	(L) a statement that the candidate is aware of
62	62	the nepotism law, Chapter 573, Government Code; and
63	63	(M) a statement that the candidate is aware of
64	64	the provisions of Section 65, Article XVI, Texas Constitution.
65	65	SECTION 3. Section 162.003, Election Code, is amended to
66	66	read as follows:
67	67	Sec. 162.003. AFFILIATION BY VOTING IN PRIMARY. (a) A
68	68	person becomes affiliated with a political party when the person:
69	69	(1) is accepted to vote in the party's primary
70	70	election; or
71	71	(2) applies for and is provided an early voting or
72	72	limited primary ballot to be voted by mail.
73	73	(b) An affiliation under Subsection (a)(2) applies to the
74	74	voting year in which the primary election is held.
75	75	SECTION 4. Section 172.023(a), Election Code, is amended to
76	76	read as follows:
77	77	(a) An application for a place on the general primary
78	78	election ballot must be filed not later than 6 p.m. on the second
79	79	Monday in October [December] of an odd-numbered year unless the
80	80	filing deadline is extended under Subchapter C.
81	81	SECTION 5. Section 173.010, Election Code, is amended to
82	82	read as follows:
83	83	Sec. 173.010. FURNISHING RULES. During September
84	84	[November] preceding each primary election year, the secretary of
85	85	state shall deliver to the state chair and each county chair of each
86	86	political party holding a primary election a current set of the
87	87	rules adopted under this subchapter. If a rule or amendment of a
88	88	rule is adopted after delivery of the set, the secretary shall
89	89	deliver a copy of the rule or amendment not later than the 10th day
90	90	after the date of its adoption.
91	91	SECTION 6. Section 181.0041, Election Code, is amended to
92	92	read as follows:
93	93	Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
94	94	party that intends to make nominations under this chapter for the
95	95	general election for state and county officers must register with
96	96	the secretary of state, in the manner prescribed by the secretary,
97	97	not later than the regular filing deadline for candidates in the
98	98	general primary election [January 2 of the election year].
99	99	SECTION 7. Sections 181.061(b) and (c), Election Code, are
100	100	amended to read as follows:
101	101	(b) A party nominating by convention must make its
102	102	nominations for offices of districts situated in more than one
103	103	county at district conventions held on the second Saturday after
104	104	general primary election day [the second Tuesday in March]. A
105	105	district convention consists of delegates selected at the county
106	106	conventions held under Subsection (c).
107	107	(c) A party nominating by convention must make its
108	108	nominations for county and precinct offices and for offices of
109	109	districts not situated in more than one county at county
110	110	conventions held on the first Saturday after general primary
111	111	election day [the second Tuesday in March]. A county convention
112	112	consists of delegates selected at precinct conventions held on
113	113	general primary election day [the second Tuesday in March] in the
114	114	regular county election precincts.
115	115	SECTION 8. Section 182.005, Election Code, is amended to
116	116	read as follows:
117	117	Sec. 182.005. NOMINATIONS MADE BY COUNTY CONVENTION. A
118	118	political party must make its nominations under this chapter at a
119	119	county convention held on the first Saturday after general primary
120	120	election day [the second Tuesday in March of the election year].
121	121	The convention consists of delegates selected at precinct
122	122	conventions held on general primary election day [the second
123	123	Tuesday in March] in the regular county election precincts.
124	124	SECTION 9. Section 204.005, Election Code, is amended to
125	125	read as follows:
126	126	Sec. 204.005. VACANCY FILLED AT SPECIAL ELECTION. An [If a
127	127	vacancy occurs during an odd-numbered year or after the 62nd day
128	128	before general primary election day in an even-numbered year, the
129	129	remainder of the] unexpired term shall be filled by a special
130	130	election in the same manner as provided by Chapter 203 for the
131	131	legislature, except that:
132	132	(1) the minimum number of signatures that must appear
133	133	on a petition accompanying a candidate's application for a place on
134	134	the ballot is 5,000; and
135	135	(2) Section 203.013 does not apply.
136	136	SECTION 10. Sections 204.003 and 204.004, Election Code,
137	137	are repealed.
138	138	SECTION 11. The term of a person who is serving as a county
139	139	or precinct chair of a political party on the effective date of this
140	140	Act ends on the 20th day after the fourth Tuesday in March 2016.
141	141	SECTION 12. This Act takes effect September 1, 2015.