Texas 2017 - 85th Regular

Texas House Bill HB1996 Compare Versions

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

Old	New	Differences
1	1	85R4075 JRJ-D
2	2	By: Anchia H.B. No. 1996
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to nonpartisan primary elections; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 1.005(6) and (14), Election Code, are
10	10	amended to read as follows:
11	11	(6) "General election" means an election, other than a
12	12	primary election held by a political party under Chapter 172 or a
13	13	presidential primary election, that regularly recurs at fixed
14	14	dates.
15	15	(14) "Primary election" means, where the context
16	16	indicates, a general [an] election held [by a political party under
17	17	Chapter 172] to select candidates [its nominees] for public office,
18	18	and, unless the context indicates otherwise, the term includes an
19	19	election held by a political party under Chapter 172 to select party
20	20	officers and a presidential primary election.
21	21	SECTION 2. Section 13.122(a), Election Code, is amended to
22	22	read as follows:
23	23	(a) In addition to the other statements and spaces for
24	24	entering information that appear on an officially prescribed
25	25	registration application form, each official form must include:
26	26	(1) the statement: "I understand that giving false
27	27	information to procure a voter registration is perjury and a crime
28	28	under state and federal law.";
29	29	(2) a space for the applicant's registration number;
30	30	(3) a space for the applicant's Texas driver's license
31	31	number or number of a personal identification card issued by the
32	32	Department of Public Safety;
33	33	(4) a space for the applicant's telephone number;
34	34	(5) a space for the applicant's social security
35	35	number;
36	36	(6) a space for the applicant's sex;
37	37	(7) a statement indicating that the furnishing of the
38	38	applicant's telephone number and sex is optional;
39	39	(8) a space or box for indicating whether the
40	40	applicant or voter is submitting new registration information or a
41	41	change in current registration information;
42	42	(9) a statement instructing a voter who is using the
43	43	form to make a change in current registration information to enter
44	44	the voter's name and the changed information in the appropriate
45	45	spaces on the form;
46	46	(10) a statement that if the applicant declines to
47	47	register to vote, that fact will remain confidential and will be
48	48	used only for voter registration purposes;
49	49	(11) a statement that if the applicant does register
50	50	to vote, information regarding the agency or office to which the
51	51	application is submitted will remain confidential and will be used
52	52	only for voter registration purposes;
53	53	(12) a space or box for indicating whether the
54	54	applicant is interested in working as an election judge;
55	55	(13) a statement warning that a conviction for making
56	56	a false statement may result in imprisonment for up to the maximum
57	57	amount of time provided by law, a fine of up to the maximum amount
58	58	provided by law, or both the imprisonment and the fine;
59	59	(14) a space or box for indicating the applicant's
60	60	party affiliation or alignment, if any; and
61	61	(15) [(14)] any other voter registration information
62	62	required by federal law or considered appropriate and required by
63	63	the secretary of state.
64	64	SECTION 3. Section 31.032(a), Election Code, is amended to
65	65	read as follows:
66	66	(a) The position of county elections administrator is
67	67	filled by appointment of the county election commission, which
68	68	consists of:
69	69	(1) the county judge, as chair;
70	70	(2) the county clerk, as vice chair;
71	71	(3) the county tax assessor-collector, as secretary;
72	72	and
73	73	(4) the county chair of each political party that
74	74	holds a [made nominations by] primary election in the year [for the
75	75	last general election for state and county officers] preceding the
76	76	date of the meeting at which the appointment is made.
77	77	SECTION 4. Section 31.124(b), Election Code, is amended to
78	78	read as follows:
79	79	(b) A county election officer of each county shall deliver
80	80	written notice of the time and place of the meeting required by
81	81	Subsection (a) not later than 72 hours before the meeting date to
82	82	the county chair of each political party that made nominations in
83	83	the most recent presidential [by] primary election [for the general
84	84	election for state and county officers] preceding the date of the
85	85	meeting.
86	86	SECTION 5. Section 31.153(a), Election Code, is amended to
87	87	read as follows:
88	88	(a) The joint elections commission consists of:
89	89	(1) from each county that has adopted an order to have
90	90	its elections conducted by the joint elections administrator, the
91	91	county judge, county clerk, and county tax assessor-collector;
92	92	(2) from each county described in Subdivision (1), the
93	93	county chair of each political party that made nominations in the
94	94	most recent presidential [by] primary election [for the last
95	95	general election for state and county officers] preceding the date
96	96	of the meeting at which the appointment is made; and
97	97	(3) a representative from each participating entity
98	98	other than a county.
99	99	SECTION 6. Section 32.002(c), Election Code, is amended to
100	100	read as follows:
101	101	(c) The presiding judge and alternate presiding judge must
102	102	be affiliated or aligned with different political parties, subject
103	103	to this subsection. Before July of each year in a county to which
104	104	Subsection (a)(1) applies or before August of each year in a county
105	105	to which Subsection (a)(2) applies, the county chair of a political
106	106	party whose candidate for president [governor] received the highest
107	107	or second highest number of votes in the county in the most recent
108	108	presidential [gubernatorial] general election shall submit in
109	109	writing to the commissioners court a list of names of persons in
110	110	order of preference for each precinct who are eligible for
111	111	appointment as an election judge. The county chair may supplement
112	112	the list of names of persons until the 20th day before a general
113	113	election or the 15th day before a special election in case an
114	114	appointed election judge becomes unable to serve. The
115	115	commissioners court shall appoint the first person meeting the
116	116	applicable eligibility requirements from the list submitted in
117	117	compliance with this subsection by the party with the highest
118	118	number of votes in the precinct in the most recent presidential
119	119	general election as the presiding judge and the first person
120	120	meeting the applicable eligibility requirements from the list
121	121	submitted in compliance with this subsection by the party with the
122	122	second highest number of votes in the precinct as the alternate
123	123	presiding judge. If the candidates for president [governor] of two
124	124	political parties received the same number of votes in the
125	125	precinct, the first person meeting the applicable eligibility
126	126	requirements from the list submitted by the party whose candidate
127	127	for president [governor] received the highest number of votes in
128	128	the county shall be appointed as the presiding judge and the first
129	129	person meeting the applicable eligibility requirements from the
130	130	list submitted by the party whose candidate for president
131	131	[governor] received the second highest number of votes in the
132	132	county shall be appointed as the alternate presiding judge. The
133	133	commissioners court may reject the list if the persons whose names
134	134	are submitted on the list are determined not to meet the applicable
135	135	eligibility requirements.
136	136	SECTION 7. Sections 32.034(b) and (e), Election Code, are
137	137	amended to read as follows:
138	138	(b) The county chair of a political party whose candidate
139	139	for president [governor] received the highest or second highest
140	140	number of votes in the county in the most recent presidential
141	141	[gubernatorial] general election may, not later than the 25th day
142	142	before a general election or the 10th day before a special election
143	143	to which Subsection (a) applies, submit to a presiding judge a list
144	144	containing the names of at least two persons who are eligible for
145	145	appointment as a clerk. If a timely list is submitted, the presiding
146	146	judge shall appoint at least one clerk from the list, except as
147	147	provided by Subsection (c).
148	148	(e) If a presiding judge has not been appointed at the time
149	149	the county chair of a political party is required to submit a list
150	150	of names for the appointment of a clerk under this section, the list
151	151	of names shall be submitted to the county chair of the political
152	152	party whose candidate for president [governor] received the most
153	153	votes in the precinct in the most recent presidential
154	154	[gubernatorial] election and to the commissioners court. The
155	155	county chair, or the commissioners court in a county without a
156	156	county chair, shall appoint clerks from the list in the same manner
157	157	provided for a presiding judge to appoint clerks by this section.
158	158	SECTION 8. Sections 41.007(a) and (b), Election Code, are
159	159	amended to read as follows:
160	160	(a) The date for the general primary election and for a
161	161	primary election held by a political party under Chapter 172 [date]
162	162	is the first Tuesday in March in each even-numbered year.
163	163	(b) The runoff [primary] election date for a primary
164	164	election held by a political party under Chapter 172 is the fourth
165	165	Tuesday in May following the general primary election.
166	166	SECTION 9. Section 51.002(b), Election Code, is amended to
167	167	read as follows:
168	168	(b) For the general election for state and county officers
169	169	and for a special election for an officer regularly elected at the
170	170	general election, the county election board consists of the county
171	171	judge, county clerk, voter registrar, sheriff, and county chair of
172	172	each political party that holds a [required to nominate candidates
173	173	by] primary election. For other elections, the board consists of
174	174	the county judge, county clerk, voter registrar, and sheriff.
175	175	SECTION 10. Section 52.091(b), Election Code, is amended to
176	176	read as follows:
177	177	(b) Columns of parties specified by Subsection (a)(1) shall
178	178	be arranged in descending order of the number of votes received
179	179	statewide by each party's candidate for president [governor] in the
180	180	most recent presidential [gubernatorial] general election,
181	181	beginning on the left with the party whose candidate received the
182	182	highest number of votes. Columns of parties that did not have a
183	183	candidate for president [governor] in the most recent presidential
184	184	[gubernatorial] general election shall appear after the columns of
185	185	parties that had a candidate, and the order of their columns shall
186	186	be determined by a drawing conducted by the secretary of state.
187	187	SECTION 11. Section 85.062(e), Election Code, is amended to
188	188	read as follows:
189	189	(e) In an election covered by Subsection (d), a temporary
190	190	branch polling place that is movable may be established only with
191	191	the approval of the county clerk. If a movable temporary branch
192	192	polling place is established on the request of a political party,
193	193	each other political party whose nominee for president [governor]
194	194	in the most recent presidential [gubernatorial] general election
195	195	received more than 10 percent of the total number of votes received
196	196	by all candidates for president [governor] in the election is
197	197	entitled to establishment of such a polling place. The election
198	198	officers serving a polling place covered by this subsection must be
199	199	affiliated or aligned with different political parties to the
200	200	extent possible. The secretary of state, after consulting the state
201	201	chair of each affected political party, shall prescribe the
202	202	procedures necessary to implement this subsection.
203	203	SECTION 12. Sections 87.002(c) and (d), Election Code, are
204	204	amended to read as follows:
205	205	(c) In the general election for state and county officers,
206	206	each county chair of a political party with an affiliated candidate
207	207	[nominees] on the general election ballot shall submit to the
208	208	county election board a list of names of persons eligible to serve
209	209	on the early voting ballot board. The county election board shall
210	210	appoint at least one person from each list to serve as a member of
211	211	the early voting ballot board. The same number of members must be
212	212	appointed from each list.
213	213	(d) In addition to the members appointed under Subsection
214	214	(c), the county election board shall appoint the presiding judge
215	215	from the list provided under that subsection by the political party
216	216	whose nominee for president [governor] received the most votes in
217	217	the county in the most recent presidential [gubernatorial] general
218	218	election.
219	219	SECTION 13. Section 87.027(d), Election Code, is amended to
220	220	read as follows:
221	221	(d) The early voting clerk shall determine the number of
222	222	members who are to compose the signature verification committee and
223	223	shall state that number in the order calling for the committee's
224	224	appointment. A committee must consist of not fewer than five
225	225	members. In an election in which party alignment is indicated on the
226	226	ballot, each county chair of a political party with a nominee or
227	227	aligned candidate on the ballot shall submit to the appointing
228	228	authority a list of names of persons eligible to serve on the
229	229	signature verification committee. The authority shall appoint at
230	230	least two persons from each list to serve as members of the
231	231	committee. The same number of members must be appointed from each
232	232	list. The authority shall appoint the chair of the committee from
233	233	the list provided by the political party whose nominee for
234	234	president [governor] received the most votes in the county in the
235	235	most recent presidential [gubernatorial] general election. A
236	236	vacancy on the committee shall be filled by appointment from the
237	237	original list or from a new list submitted by the appropriate county
238	238	chair.
239	239	SECTION 14. Section 141.001(a), Election Code, is amended
240	240	to read as follows:
241	241	(a) To be eligible to be a candidate for, or elected or
242	242	appointed to, a public elective office in this state, a person must:
243	243	(1) be a United States citizen;
244	244	(2) be 18 years of age or older on the first day of the
245	245	term to be filled at the election or on the date of appointment, as
246	246	applicable;
247	247	(3) have not been determined by a final judgment of a
248	248	court exercising probate jurisdiction to be:
249	249	(A) totally mentally incapacitated; or
250	250	(B) partially mentally incapacitated without the
251	251	right to vote;
252	252	(4) have not been finally convicted of a felony from
253	253	which the person has not been pardoned or otherwise released from
254	254	the resulting disabilities;
255	255	(5) have resided continuously in the state for 12
256	256	months and in the territory from which the office is elected for six
257	257	months immediately preceding the following date:
258	258	(A) for a candidate whose name is to appear on a
259	259	general primary election ballot, the date of the regular filing
260	260	deadline for a candidate's application for a place on the ballot;
261	261	(B) for a [an independent] candidate for office
262	262	in an election where candidates are not nominated by primary
263	263	election, the date of the regular filing deadline for a candidate's
264	264	application for a place on the ballot;
265	265	(C) for a write-in candidate, the date of the
266	266	election at which the candidate's name is written in;
267	267	(D) for a party nominee who is nominated by any
268	268	method other than by primary election, the date the nomination is
269	269	made; and
270	270	(E) for an appointee to an office, the date the
271	271	appointment is made;
272	272	(6) on the date described by Subdivision (5), be
273	273	registered to vote in the territory from which the office is
274	274	elected; and
275	275	(7) satisfy any other eligibility requirements
276	276	prescribed by law for the office.
277	277	SECTION 15. Subchapter A, Chapter 141, Election Code, is
278	278	amended by adding Sections 141.005 and 141.006 to read as follows:
279	279	Sec. 141.005. PRIMARY ELECTION REQUIRED. (a) Except as
280	280	otherwise provided by this code, candidates in the general election
281	281	for offices of state and county government and the United States
282	282	Congress must be chosen by primary election as provided by this
283	283	code.
284	284	(b) All eligible voters may vote in a primary election
285	285	described by this section without regard to political party
286	286	alignment.
287	287	(c) A political party or state executive committee may not
288	288	nominate candidates in the general election for offices of state
289	289	and county government and the United States Congress. This
290	290	subsection may not be interpreted to prohibit a political party or
291	291	state executive committee from endorsing, supporting, or opposing
292	292	those candidates.
293	293	(d) The secretary of state shall adopt rules to implement
294	294	this section.
295	295	Sec. 141.006. DETERMINATION OF CANDIDATES FOR GENERAL
296	296	ELECTION. (a) Notwithstanding any other provision of this code,
297	297	the two candidates who receive the highest and second highest
298	298	number of votes in a primary election held to choose candidates for
299	299	the general election for offices of state and county government and
300	300	the United States Congress are the candidates for that election.
301	301	(b) The secretary of state shall adopt rules to implement
302	302	this section.
303	303	SECTION 16. Subchapter B, Chapter 141, Election Code, is
304	304	amended by adding Section 141.030 to read as follows:
305	305	Sec. 141.030. APPLICATION REQUIRED. (a) To be entitled to
306	306	a place on the general primary election ballot under Section
307	307	141.005, a candidate must make an application for a place on the
308	308	ballot.
309	309	(b) An application must, in addition to complying with
310	310	Section 141.031, be accompanied by the appropriate filing fee or a
311	311	petition in lieu of the filing fee that satisfies the requirements
312	312	prescribed by Section 141.062.
313	313	(c) A candidate may indicate the candidate's party
314	314	affiliation or alignment, if any, on the application.
315	315	(d) An application filed by mail is considered to be filed
316	316	at the time of its receipt by the appropriate authority.
317	317	(e) The circulation of a petition to be filed under this
318	318	subchapter in connection with a candidate's application for a place
319	319	on the ballot does not constitute candidacy or an announcement of
320	320	candidacy for purposes of the automatic resignation provisions of
321	321	Section 65, Article XVI, or Section 11, Article XI, Texas
322	322	Constitution.
323	323	(f) A candidate for an office specified by Section
324	324	141.0315(a)(8), (10), or (12), or for justice of the peace in a
325	325	county with a population of more than 1.5 million, who chooses to
326	326	pay the filing fee must also accompany the application with a
327	327	petition for a place on the primary ballot as a candidate for
328	328	judicial office that complies with the requirements prescribed for
329	329	the petition authorized by Subsection (b), except that the minimum
330	330	number of signatures that must appear on the petition required by
331	331	this subsection is 250. If the candidate chooses to file the
332	332	petition authorized by Subsection (b) in lieu of the filing fee, the
333	333	minimum number of signatures required for that petition is
334	334	increased by 250. Signatures on a petition filed under this
335	335	subsection or Subsection (b) by a candidate covered by this
336	336	subsection may not be obtained on the grounds of a county courthouse
337	337	or courthouse annex.
338	338	(g) A candidate for the office of chief justice or justice,
339	339	supreme court, or presiding judge or judge, court of criminal
340	340	appeals, who chooses to pay the filing fee must also accompany the
341	341	application with a petition that complies with the requirements
342	342	prescribed for a petition authorized by Subsection (b), except that
343	343	the minimum number of signatures that must appear on the petition
344	344	required by this subsection is 50 from each court of appeals
345	345	district.
346	346	SECTION 17. Section 172.024, Election Code, is transferred
347	347	to Subchapter B, Chapter 141, Election Code, and redesignated as
348	348	Section 141.0315, Election Code, to read as follows:
349	349	Sec. 141.0315 [172.024]. FILING FEE. (a) The filing fee
350	350	for a candidate for nomination in the general primary election is as
351	351	follows:
352	352	(1) United States senator$5,000
353	353	(2) office elected statewide, except United States
354	354	senator3,750
355	355	(3) United States representative3,125
356	356	(4) state senator1,250
357	357	(5) state representative750
358	358	(6) member, State Board of Education300
359	359	(7) chief justice or justice, court of appeals, other
360	360	than a justice specified by Subdivision (8)1,875
361	361	(8) chief justice or justice of a court of appeals that
362	362	serves a court of appeals district in which a county with a
363	363	population of more than one million is wholly or partly
364	364	situated2,500
365	365	(9) district judge or judge specified by Section
366	366	52.092(d) for which this schedule does not otherwise prescribe a
367	367	fee1,500
368	368	(10) district or criminal district judge of a court in
369	369	a judicial district wholly contained in a county with a population
370	370	of more than 1.5 million2,500
371	371	(11) judge, statutory county court, other than a judge
372	372	specified by Subdivision (12)1,500
373	373	(12) judge of a statutory county court in a county with
374	374	a population of more than 1.5 million2,500
375	375	(13) district attorney, criminal district attorney,
376	376	or county attorney performing the duties of a district
377	377	attorney1,250
378	378	(14) county commissioner, district clerk, county
379	379	clerk, sheriff, county tax assessor-collector, county treasurer,
380	380	or judge, constitutional county court:
381	381	(A) county with a population of 200,000 or
382	382	more1,250
383	383	(B) county with a population of under
384	384	200,000750
385	385	(15) justice of the peace or constable:
386	386	(A) county with a population of 200,000 or
387	387	more1,000
388	388	(B) county with a population of under
389	389	200,000375
390	390	(16) county surveyor75
391	391	(17) office of the county government for which this
392	392	schedule does not otherwise prescribe a fee750
393	393	(b) If a fee prescribed by Subsection (a) is declared
394	394	invalid by a final judgment of a court, the secretary of state shall
395	395	prescribe a filing fee consistent with the judgment to replace the
396	396	invalidated fee.
397	397	SECTION 18. Subchapter B, Chapter 141, Election Code, is
398	398	amended by adding Section 141.0316 to read as follows:
399	399	Sec. 141.0316. NUMBER OF PETITION SIGNATURES REQUIRED. The
400	400	minimum number of signatures that must appear on the petition
401	401	authorized by Section 141.030(b) is:
402	402	(1) 5,000, for a statewide office; or
403	403	(2) for a district, county, or precinct office, the
404	404	lesser of:
405	405	(A) 500; or
406	406	(B) two percent of the total vote received in the
407	407	district, county, or precinct, as applicable, by all the candidates
408	408	for governor in the most recent gubernatorial general election,
409	409	unless that number is under 50, in which case the required number of
410	410	signatures is the lesser of:
411	411	(i) 50; or
412	412	(ii) 20 percent of that total vote.
413	413	SECTION 19. Section 141.039, Election Code, is amended to
414	414	read as follows:
415	415	Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to
416	416	the other statements and spaces for entering information that
417	417	appear on an officially prescribed form for an application for a
418	418	place on the ballot, each official form for an application that a
419	419	candidate is required to file under this code must include:
420	420	(1) a space for indicating the form in which the
421	421	candidate's name is to appear on the ballot;
422	422	(2) a space for the candidate's mailing address;
423	423	(3) spaces for the candidate's home and office
424	424	telephone numbers and e-mail address; [and]
425	425	(4) a statement informing candidates that the
426	426	furnishing of the telephone numbers or e-mail address is optional;
427	427	and
428	428	(5) in an election where nominating partisan
429	429	candidates is authorized, space for the candidate to list a party
430	430	affiliation.
431	431	SECTION 20. Section 141.070(a), Election Code, is amended
432	432	to read as follows:
433	433	(a) If, since the most recent presidential [gubernatorial]
434	434	general election, a district or precinct from which an officer of
435	435	the federal, state, or county government is elected is created or
436	436	has had its boundary changed, the number of votes received in the
437	437	district or precinct by a political party's presidential
438	438	[gubernatorial] candidate or by all the presidential
439	439	[gubernatorial] candidates shall be estimated, as provided by this
440	440	section, for the purpose of computing the number of signatures
441	441	required on a candidate's petition.
442	442	SECTION 21. Section 145.001(e), Election Code, is amended
443	443	to read as follows:
444	444	(e) This section does not apply to a candidate:
445	445	(1) for president or vice-president of the United
446	446	States; or
447	447	(2) chosen by general primary election.
448	448	SECTION 22. Sections 145.003(b) and (h), Election Code, are
449	449	amended to read as follows:
450	450	(b) A candidate in the general election for state and county
451	451	officers may be declared ineligible before the 30th day preceding
452	452	election day by[:
453	453	[(1) the party officer responsible for certifying the
454	454	candidate's name for placement on the general election ballot, in
455	455	the case of a candidate who is a political party's nominee; or
456	456	[(2)] the authority with whom the candidate's
457	457	application for a place on the ballot is required to be filed[, in
458	458	the case of an independent candidate].
459	459	(h) If a candidate is declared ineligible [after the
460	460	deadline for omitting an ineligible candidate's name from the
461	461	ballot], the authority making the declaration shall promptly
462	462	certify in writing the declaration of ineligibility to the
463	463	canvassing authority for the election.
464	464	SECTION 23. The heading to Subchapter D, Chapter 145,
465	465	Election Code, is amended to read as follows:
466	466	SUBCHAPTER D. CANDIDATE IN ELECTION IN WHICH CANDIDATES ARE NOT
467	467	CHOSEN BY [OTHER THAN] GENERAL PRIMARY ELECTION [FOR STATE AND
468	468	COUNTY OFFICERS]
469	469	SECTION 24. Section 146.0231(a), Election Code, is amended
470	470	to read as follows:
471	471	(a) The filing fee for a write-in candidate is the amount
472	472	prescribed by Section 141.0315 [172.024] for a candidate [for
473	473	nomination] for the same office in a general primary election.
474	474	SECTION 25. Section 146.0232, Election Code, is amended to
475	475	read as follows:
476	476	Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The
477	477	minimum number of signatures that must appear on the petition
478	478	authorized by Section 146.023(b) is the number prescribed by
479	479	Section 141.0316 [172.025] to appear on a petition of a candidate
480	480	[for nomination] for the same office in a general primary election.
481	481	SECTION 26. Chapter 161, Election Code, is amended by
482	482	adding Section 161.0035 to read as follows:
483	483	Sec. 161.0035. PARTY PRIMARY ELECTIONS. In this title, any
484	484	reference to a general primary election, primary election, or
485	485	nominating convention means an election or convention restricted to
486	486	the selection of:
487	487	(1) party officers; or
488	488	(2) a party's nominees for president or
489	489	vice-president.
490	490	SECTION 27. Section 163.006(d), Election Code, is amended
491	491	to read as follows:
492	492	(d) Before January 15 of each year in which political
493	493	parties hold precinct conventions under this title, the secretary
494	494	of state shall deliver written notice of the requirements of this
495	495	section to the state chair of each party that had a nominee for
496	496	president or vice-president [a statewide or district office] on the
497	497	most recent general election ballot.
498	498	SECTION 28. The heading to Subtitle B, Title 10, Election
499	499	Code, is amended to read as follows:
500	500	SUBTITLE B. PARTIES SELECTING PARTY OFFICERS [NOMINATING] BY
501	501	PRIMARY ELECTION
502	502	SECTION 29. Section 172.002(c), Election Code, is amended
503	503	to read as follows:
504	504	(c) For a political party to be entitled to hold a primary
505	505	election [under this section], the state chair, not later than one
506	506	year before general election day, must deliver written notice to
507	507	the secretary of state that the party will hold a primary election
508	508	in the general election year.
509	509	SECTION 30. Section 172.061(a), Election Code, is amended
510	510	to read as follows:
511	511	(a) Except for Section [Sections 172.058(b),] 172.059(c),
512	512	[and 172.060(b),] this subchapter applies to a candidate for county
513	513	chair or precinct chair.
514	514	SECTION 31. Section 172.088(e), Election Code, is amended
515	515	to read as follows:
516	516	(e) The minimum number of signatures that must appear on the
517	517	petition is five percent of the total vote received by all
518	518	candidates for president [governor] in the party's most recent
519	519	presidential [gubernatorial] general primary election.
520	520	SECTION 32. Section 172.089, Election Code, is amended to
521	521	read as follows:
522	522	Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
523	523	offices of county chair and precinct chair shall be listed on the
524	524	primary election ballot after the candidates for the presidential
525	525	and vice-presidential nomination [public offices] with the office
526	526	of county chair listed first.
527	527	SECTION 33. Section 172.112, Election Code, is amended to
528	528	read as follows:
529	529	Sec. 172.112. WRITE-IN VOTING. Write-in voting in a
530	530	primary election is [not] permitted only [except in the general
531	531	primary election] for the offices of county chair and precinct
532	532	chair.
533	533	SECTION 34. Section 172.126(b), Election Code, is amended
534	534	to read as follows:
535	535	(b) The county clerk shall determine whether to consolidate
536	536	election precincts under Section 42.009 and shall designate the
537	537	location of the polling place in a consolidated precinct. To the
538	538	extent possible, a polling place shall be designated that will
539	539	accommodate the precinct conventions of each political party. [If a
540	540	polling place, whether for a regular or consolidated precinct, is
541	541	not suitable for more than one precinct convention, the polling
542	542	place may be used by the party whose candidate for governor received
543	543	the most votes in the county in the most recent gubernatorial
544	544	general election.]
545	545	SECTION 35. Section 173.083(d), Election Code, is amended
546	546	to read as follows:
547	547	(d) The final installment may not be paid until a report is
548	548	filed in compliance with Section 173.084 [and, in the case of a
549	549	county chair, a report is also filed in compliance with Section
550	550	172.124]. On the filing of the report, the secretary of state shall
551	551	calculate the amount of the final installment and prepare and
552	552	deliver to the comptroller of public accounts a certified statement
553	553	indicating that amount and the appropriate county or state chair's
554	554	name.
555	555	SECTION 36. Section 191.001, Election Code, is amended to
556	556	read as follows:
557	557	Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY
558	558	ELECTION. To be entitled to have its nominees for president and
559	559	vice-president of the United States placed on the general election
560	560	ballot in a particular presidential election year, a political
561	561	party must hold a presidential primary election in this state if:
562	562	(1) [in the presidential election year, the party is
563	563	required by this code to nominate its candidates for state and
564	564	county offices by primary election;
565	565	[(2)] a presidential primary election is authorized
566	566	under national party rules; and
567	567	(2) [(3)] before January 1 of the presidential
568	568	election year, the national party has determined that it will hold a
569	569	national presidential nominating convention that year.
570	570	SECTION 37. The heading to Section 191.031, Election Code,
571	571	is amended to read as follows:
572	572	Sec. 191.031. NATIONAL PRESIDENTIAL NOMINATING CONVENTION
573	573	[PARTY HOLDING PRIMARY ELECTION].
574	574	SECTION 38. Sections 191.031(a) and (b), Election Code, are
575	575	amended to read as follows:
576	576	(a) If a political party [holding a primary election in a
577	577	presidential election year] desires to send delegates to a national
578	578	presidential nominating convention of the party, the party shall
579	579	select the delegates at a state convention convened on a date
580	580	adopted by the state executive committee occurring in the
581	581	presidential election year. [Before the date of the party's
582	582	precinct conventions held under Chapter 174, the party's state
583	583	executive committee shall choose the date, hour, and place for the
584	584	state convention.]
585	585	(b) The state convention shall consist of delegates
586	586	selected at the party's county and senatorial district conventions
587	587	[held under Chapter 174].
588	588	SECTION 39. Section 202.004(a), Election Code, is amended
589	589	to read as follows:
590	590	(a) A candidate [political party's nominee] for an
591	591	unexpired term must be chosen [nominated] by primary election if[:
592	592	[(1) the political party is making nominations by
593	593	primary election for the general election in which the vacancy is to
594	594	be filled; and
595	595	[(2)] the vacancy occurs on or before the fifth day
596	596	before the date of the regular deadline for candidates to file
597	597	applications for a place on the general primary ballot.
598	598	SECTION 40. Section 203.005(b), Election Code, is amended
599	599	to read as follows:
600	600	(b) An application must, in addition to complying with
601	601	Section 141.031:
602	602	(1) state the political party with which the candidate
603	603	is aligned or, if the candidate is not aligned with a party, state
604	604	that fact; and
605	605	(2) be accompanied by:
606	606	(A) a filing fee in the amount prescribed by
607	607	Section 141.0315 [172.024] for a candidate for [nomination for] the
608	608	same office in a general primary election; or
609	609	(B) a petition that satisfies the requirements
610	610	prescribed by Section 141.062.
611	611	SECTION 41. Section 257.005(a), Election Code, is amended
612	612	to read as follows:
613	613	(a) Except as provided by this section, the following are
614	614	subject to the requirements of this title that apply to a candidate
615	615	for public office:
616	616	(1) a candidate for state chair of a political party
617	617	with an affiliated candidate [a nominee] on the ballot in the most
618	618	recent gubernatorial general election; and
619	619	(2) a candidate for election to the office of county
620	620	chair of a political party with an affiliated candidate [a nominee]
621	621	on the ballot in the most recent gubernatorial general election if
622	622	the county has a population of 350,000 or more.
623	623	SECTION 42. The following provisions of the Election Code
624	624	are repealed:
625	625	(1) Subtitle C, Title 10;
626	626	(2) Chapter 142;
627	627	(3) Subchapters B and C, Chapter 145;
628	628	(4) Sections 161.008, 162.015, 162.016, 172.001,
629	629	172.117, 172.119, 172.121, 172.122, 172.123, 172.124, 191.032,
630	630	202.005, 202.006, 202.007, 204.004, and 232.046; and
631	631	(5) Sections 172.002(a), 172.058(b), 172.060(b), and
632	632	172.084(c), (d), and (e).
633	633	SECTION 43. This Act takes effect September 1, 2017.