87R30490 ADM-D
By: Burrows H.R. No. 2022
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 87th Legislature, Regular Session 2021, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 1987 (eligibility
requirements to hold a political party office and the election of
certain state officers of certain political parties at a primary
election) to consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill in proposed SECTION 1 of the
bill by adding Section 161.005(d), Election Code, to read as
follows:
(d) If an officer of a political party described by
Subsection (a-1) announces the officer's candidacy or becomes a
candidate for an elective office of the federal, state, or county
government, the announcement or candidacy constitutes an automatic
resignation from the office currently held by the officer. A
vacancy arising under this subsection must be filled in the same
manner as other vacancies for that office are filled.
Explanation: This change is necessary to clarify the
resignation requirements imposed by this bill.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill by adding the following SECTIONS
to the bill:
SECTION 2. Chapter 171, Election Code, is amended by adding
Subchapter A-1 to read as follows:
SUBCHAPTER A-1. STATE EXECUTIVE COMMITTEE FOR CERTAIN POLITICAL
PARTIES NOMINATING BY PRIMARY ELECTION
Sec. 171.011. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies to a political party holding a primary election
in this state if the party's candidate for governor has received the
greatest number of votes in at least six of the ten most recent
gubernatorial elections.
(b) A provision of Subchapter A applies to a political party
described by Subsection (a) except as provided by Subsection (c).
(c) To the extent of any conflict, a provision of this
subchapter prevails over a provision in Subchapter A.
Sec. 171.012. ELECTION OF STATE PARTY OFFICERS AT GENERAL
PRIMARY ELECTION. (a) The chair of a political party to which this
subchapter applies is elected to a regular term at the general
primary election by the majority of qualified voters of the state
who vote in the primary for that office.
(b) Members representing the senatorial or congressional
districts are elected to a regular term at the general primary
election by the majority of qualified voters of the state who reside
in the district and who vote in the primary for that office. It is
not required that the two members from each district be of the
opposite sex. Section 171.002(d) does not apply to a member elected
to represent a senatorial or congressional district under this
subchapter.
(c) If no candidate receives a majority of the votes, a
runoff to determine the office is conducted in the same manner as a
runoff primary election to determine a nomination for public
office. The candidates to be in a runoff are determined in the same
manner as candidates in a runoff for a nomination.
(d) The chair and members representing the senatorial or
congressional districts each serve for a term of four years
beginning the 20th day after runoff primary election day at the
primary election held in gubernatorial election years.
Sec. 171.013. ELECTIONS NOT HELD. (a) If only one
candidate's name is to be placed on the ballot for an office under
this subchapter, the election for that office is not held, and the
unopposed candidate, if otherwise eligible, shall be declared
elected to the office at the time of the canvass.
(b) The state chair shall prepare a document that shall be
posted that states: "Pursuant to Section 171.013, Election Code,
(insert name of unopposed candidate), if otherwise eligible, shall
be declared elected to the office of (insert name of office) at the
time of the local canvass."
(c) The county chair or entity contracted to hold the
election shall distribute copies of the document to the presiding
judge of the election precinct with the other election supplies. An
election officer shall post the document in one or more locations in
the polling place where it can be read by persons waiting to vote.
Sec. 171.014. RESIDENCE REQUIREMENT; DISTRICT BOUNDARIES.
(a) To be eligible to be a candidate for or to serve on the state
executive committee as a member representing a senatorial or
congressional district, a person must reside in the district in
addition to satisfying the other applicable eligibility
requirements.
(b) If a change in a district boundary results in either
more than one member residing in the district subject to the
boundary change or no member residing in the district subject to the
boundary change, a vacancy in the office representing that
senatorial or congressional district is created and shall be filled
in accordance with Section 171.003.
(c) For the purpose of determining whether a member
representing a senatorial or congressional district is a resident
of a particular county election precinct, a change in a district
boundary is not effective until February 1 following the adoption
of the order making the change, except as provided by Subsection
(d).
(d) If a change in a district boundary made by an order
adopted on or after February 1 of a primary election year is
scheduled to become effective before general primary election day,
the change is effective on the date the order is adopted for the
purpose specified by Subsection (c).
Sec. 171.015. WRITE-IN CANDIDATES. Write-in candidates are
not permitted for an office described by this subchapter.
SECTION 3. Section 172.021(b), Election Code, is amended
to read as follows:
(b) An application must, in addition to complying with
Section 141.031, be accompanied by the appropriate filing fee or a
petition in lieu of the filing fee that satisfies the requirements
prescribed by Section 141.062. A political party may not require
payment of a fee as a condition to applying for a place on the ballot
as a candidate for a party office [county chair or precinct chair].
SECTION 4. Section 172.061, Election Code, is amended to
read as follows:
Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for
Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter
applies to a candidate for a party office [county chair or precinct
chair].
(b) If a runoff candidate for a party office [county chair
or precinct chair] withdraws, the remaining candidate is considered
to be elected and the runoff election for that office is not held.
SECTION 5. Section 172.089, Election Code, is amended to
read as follows:
Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. (a) For a
party to which Subchapter A-1, Chapter 171, does not apply, the
[The] party offices of county chair and precinct chair shall be
listed on the primary election ballot after the public offices with
the office of county chair listed first.
(b) For a party to which Subchapter A-1, Chapter 171,
applies, the party offices of state chair, state executive
committee member, county chair, and precinct chair shall be listed
in that order on the primary election ballot after the public
offices.
SECTION 6. The heading to Section 172.118, Election Code,
is amended to read as follows:
Sec. 172.118. NOTICE OF PERSONS ELECTED AS PRECINCT AND
COUNTY PARTY OFFICERS.
SECTION 7. Section 257.005(a), Election Code, is amended to
read as follows:
(a) Except as provided by this section, the following are
subject to the requirements of this title that apply to a candidate
for public office:
(1) a candidate for state chair or state executive
committee member of a political party with a nominee on the ballot
in the most recent gubernatorial general election; and
(2) a candidate for election to the office of county
chair of a political party with a nominee on the ballot in the most
recent gubernatorial general election if the county has a
population of 350,000 or more.
SECTION 8. The term of a state chair or state executive
committee member of a political party to which Subchapter A-1,
Chapter 171, Election Code, as added by this Act, applies, serving
on the effective date of this Act ends on the 20th day after runoff
primary election day, 2022.
SECTION 9. Except as provided by Section 8 of this Act, this
Act applies only to a candidate for nomination or election to an
office the term of which begins on or after the effective date of
this Act.
Explanation: These changes are necessary to provide for the
election at a primary election of certain political party officers.