Texas 2017 - 85th Regular

Texas House Bill HB496 Compare Versions

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

Old	New	Differences
1	1	85R3941 ATP-F
2	2	By: Minjarez H.B. No. 496
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of the Agreement Among the States to Elect
8	8	the President by National Popular Vote.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 11, Election Code, is amended by adding
11	11	Chapter 193 to read as follows:
12	12	CHAPTER 193. AGREEMENT AMONG THE STATES TO ELECT
13	13	THE PRESIDENT BY NATIONAL POPULAR VOTE
14	14	Sec. 193.001. EXECUTION OF INTERSTATE COMPACT. This state
15	15	enters into an agreement with all other states legally joining in
16	16	the agreement in substantially the following form:
17	17	AGREEMENT AMONG THE STATES TO ELECT
18	18	THE PRESIDENT BY NATIONAL POPULAR VOTE
19	19	ARTICLE I. MEMBERSHIP
20	20	Any State of the United States and the District of Columbia
21	21	may become a member of this agreement by enacting this agreement.
22	22	ARTICLE II. RIGHT OF THE PEOPLE IN MEMBER STATES TO VOTE FOR
23	23	PRESIDENT AND VICE PRESIDENT
24	24	Each member state shall conduct a statewide popular election
25	25	for President and Vice President of the United States.
26	26	ARTICLE III. MANNER OF APPOINTING PRESIDENTIAL
27	27	ELECTORS IN MEMBER STATES
28	28	A. Prior to the time set by law for the meeting and voting by
29	29	the presidential electors, the chief election official of each
30	30	member state shall determine the number of votes for each
31	31	presidential slate in each State of the United States and in the
32	32	District of Columbia in which votes have been cast in a statewide
33	33	popular election and shall add such votes together to produce a
34	34	"national popular vote total" for each presidential slate.
35	35	B. The chief election official of each member state shall
36	36	designate the presidential slate with the largest national popular
37	37	vote total as the "national popular vote winner."
38	38	C. The presidential elector certifying official of each
39	39	member state shall certify the appointment in that official's own
40	40	state of the elector slate nominated in that state in association
41	41	with the national popular vote winner.
42	42	D. At least six days before the day fixed by law for the
43	43	meeting and voting by the presidential electors, each member state
44	44	shall make a final determination of the number of popular votes cast
45	45	in the state for each presidential slate and shall communicate an
46	46	official statement of such determination within 24 hours to the
47	47	chief election official of each other member state.
48	48	E. The chief election official of each member state shall
49	49	treat as conclusive an official statement containing the number of
50	50	popular votes in a state for each presidential slate made by the day
51	51	established by federal law for making a state's final determination
52	52	conclusive as to the counting of electoral votes by Congress.
53	53	F. In event of a tie for the national popular vote winner,
54	54	the presidential elector certifying official of each member state
55	55	shall certify the appointment of the elector slate nominated in
56	56	association with the presidential slate receiving the largest
57	57	number of popular votes within that official's own state.
58	58	G. If, for any reason, the number of presidential electors
59	59	nominated in a member state in association with the national
60	60	popular vote winner is less than or greater than that state's number
61	61	of electoral votes, the presidential candidate on the presidential
62	62	slate that has been designated as the national popular vote winner
63	63	shall have the power to nominate the presidential electors for that
64	64	state and that state's presidential elector certifying official
65	65	shall certify the appointment of such nominees.
66	66	H. The chief election official of each member state shall
67	67	immediately release to the public all vote counts or statements of
68	68	votes as they are determined or obtained.
69	69	I. This article shall govern the appointment of
70	70	presidential electors in each member state in any year in which this
71	71	agreement is, on July 20, in effect in states cumulatively
72	72	possessing a majority of the electoral votes.
73	73	ARTICLE IV. OTHER PROVISIONS
74	74	A. This agreement shall take effect when states
75	75	cumulatively possessing a majority of the electoral votes have
76	76	enacted this agreement in substantially the same form and the
77	77	enactments by such states have taken effect in each state.
78	78	B. Any member state may withdraw from this agreement, except
79	79	that a withdrawal occurring six months or less before the end of a
80	80	President's term shall not become effective until a President or
81	81	Vice President shall have been qualified to serve the next term.
82	82	C. The chief executive of each member state shall promptly
83	83	notify the chief executive of all other states of when this
84	84	agreement has been enacted and has taken effect in that official's
85	85	state, when the state has withdrawn from this agreement, and when
86	86	this agreement takes effect generally.
87	87	D. This agreement shall terminate if the electoral college
88	88	is abolished.
89	89	E. If any provision of this agreement is held invalid, the
90	90	remaining provisions shall not be affected.
91	91	ARTICLE V. DEFINITIONS
92	92	For purposes of this agreement,
93	93	A. "chief executive" shall mean the Governor of a State of
94	94	the United States or the Mayor of the District of Columbia;
95	95	B. "elector slate" shall mean a slate of candidates who have
96	96	been nominated in a state for the position of presidential elector
97	97	in association with a presidential slate;
98	98	C. "chief election official" shall mean the state official
99	99	or body that is authorized to certify the total number of popular
100	100	votes for each presidential slate;
101	101	D. "presidential elector" shall mean an elector for
102	102	President and Vice President of the United States;
103	103	E. "presidential elector certifying official" shall mean
104	104	the state official or body that is authorized to certify the
105	105	appointment of the state's presidential electors;
106	106	F. "presidential slate" shall mean a slate of two persons,
107	107	the first of whom has been nominated as a candidate for President of
108	108	the United States and the second of whom has been nominated as a
109	109	candidate for Vice President of the United States, or any legal
110	110	successors to such persons, regardless of whether both names appear
111	111	on the ballot presented to the voter in a particular state;
112	112	G. "state" shall mean a State of the United States and the
113	113	District of Columbia; and
114	114	H. "statewide popular election" shall mean a general
115	115	election in which votes are cast for presidential slates by
116	116	individual voters and counted on a statewide basis.
117	117	Sec. 193.002. EFFECT OF TEXAS LAWS. If the laws of this
118	118	state conflict with the compact, the compact controls, except that
119	119	in the event of a conflict between the compact and the Texas
120	120	Constitution, as determined by the courts of this state, the Texas
121	121	Constitution controls.
122	122	SECTION 2. This Act takes effect September 1, 2017.