85R23180 ATP-D
By: Fallon, Raney, Murr H.B. No. 1391
Substitute the following for H.B. No. 1391:
By: Larson C.S.H.B. No. 1391
A BILL TO BE ENTITLED
AN ACT
relating to requiring a presidential elector to vote for the
candidates for president and vice president who won the popular
vote in this state for those offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 192.003, Election Code, is amended to
read as follows:
Sec. 192.003. METHOD OF BECOMING ELECTOR CANDIDATE. To
become a presidential elector candidate or alternate elector, a
person must be nominated as a political party's elector candidate
or alternate elector in accordance with party rules or named as an
elector candidate or alternate elector by an independent or
write-in candidate for president.
SECTION 2. Section 192.006, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The electors and alternate electors shall convene at the
State Capitol at 2 p.m. on the first Monday after the second
Wednesday in December following their election and shall perform
their duties as prescribed by federal law.
(d) An elector must cast a ballot for a candidate for
president or vice-president that corresponds to the candidates who
received the most votes cast in this state for those offices. An
attempt to cast a ballot in a manner other than the manner required
by this subsection:
(1) is not valid and is not considered a vote cast by
an elector; and
(2) creates a vacancy in the position of the elector
attempting to cast the ballot.
SECTION 3. Section 192.007, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A replacement elector for a vacancy created under
Section 192.006(d)(2) must be from the list of alternate electors
described by Section 192.031(c) or 192.032(i).
SECTION 4. Section 192.008(a), Election Code, is amended to
read as follows:
(a) In performing their official duties, presidential
electors and alternate electors are entitled to the same allowances
for travel expenses as those granted to state employees.
SECTION 5. Section 192.031, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) The party's state chair may provide a list of alternate
electors for a vacancy created under Section 192.006(d)(2) in a
number not to exceed the number of electors described by Subsection
(a)(2)(B).
SECTION 6. Section 192.032, Election Code, is amended by
adding Subsection (i) to read as follows:
(i) An independent candidate may provide a list of alternate
electors for a vacancy created under Section 192.006(d)(2) in a
number not to exceed the number of electors described by Subsection
(b)(2).
SECTION 7. This Act takes effect September 1, 2017.