Texas 2021 - 87th 2nd C.S.

Texas House Bill HB19 Compare Versions

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

Old	New	Differences
1	1	87S20048 MLH-F
2	2	By: Schofield H.B. No. 19
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practices and procedures of federal elections.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.002(a), Election Code, is amended to
10	10	read as follows:
11	11	(a) This code applies to all general, special, federal, and
12	12	primary elections held in this state.
13	13	SECTION 2. Section 1.005, Election Code, is amended to read
14	14	as follows:
15	15	Sec. 1.005. DEFINITIONS. In this code:
16	16	(1) "City secretary" includes a city clerk or, in a
17	17	city that has no city secretary or clerk, the city officer who
18	18	performs the duties of a city secretary.
19	19	(2) "County election precinct" means an election
20	20	precinct established under Section 42.001.
21	21	(3) "County office" means an office of the county
22	22	government that is voted on countywide.
23	23	(4) "District office" means an office of the federal
24	24	or state government that is not voted on statewide.
25	25	(4-a) "Federal election" means a primary or general
26	26	election for a federal office or a resulting runoff election.
27	27	(4-b) "Federal judge" means:
28	28	(A) a judge, former judge, or retired judge of a
29	29	United States court of appeals;
30	30	(B) a judge, former judge, or retired judge of a
31	31	United States district court;
32	32	(C) a judge, former judge, or retired judge of a
33	33	United States bankruptcy court; or
34	34	(D) a magistrate judge, former magistrate judge,
35	35	or retired magistrate judge of a United States district court.
36	36	(4-c) "Federal office" means the offices of president
37	37	and vice president of the United States, United States senator, or
38	38	United States representative.
39	39	(5) "Final canvass" means the canvass from which the
40	40	official result of an election is determined.
41	41	(6) "General election" means an election, other than a
42	42	primary election, that regularly recurs at fixed dates.
43	43	(7) "General election for state and county officers"
44	44	means the general election at which officers of the [federal,]
45	45	state[,] and county governments are elected.
46	46	(8) "Gubernatorial general election" means the
47	47	general election held every four years to elect a governor for a
48	48	full term.
49	49	(9) "Independent candidate" means a candidate in a
50	50	nonpartisan election or a candidate in a partisan election who is
51	51	not the nominee of a political party.
52	52	(10) "Law" means a constitution, statute, city
53	53	charter, or city ordinance.
54	54	(11) "Local canvass" means the canvass of the precinct
55	55	election returns.
56	56	(12) "Measure" means a question or proposal submitted
57	57	in an election for an expression of the voters' will.
58	58	(13) "Political subdivision" means a county, city, or
59	59	school district or any other governmental entity that:
60	60	(A) embraces a geographic area with a defined
61	61	boundary;
62	62	(B) exists for the purpose of discharging
63	63	functions of government; and
64	64	(C) possesses authority for subordinate
65	65	self-government through officers selected by it.
66	66	(14) "Primary election" means an election held by a
67	67	political party under Chapter 172 to select its nominees for public
68	68	office, and, unless the context indicates otherwise, the term
69	69	includes a [presidential] primary election for a federal office.
70	70	(15) "Proposition" means the wording appearing on a
71	71	ballot to identify a measure.
72	72	(16) "Registered voter" means a person registered to
73	73	vote in this state whose registration is effective.
74	74	(17) "Residence address" means the street address and
75	75	any apartment number, or the address at which mail is received if
76	76	the residence has no address, and the city, state, and zip code that
77	77	correspond to a person's residence.
78	78	(18) "Special election" means an election that is not
79	79	a general election or a primary election.
80	80	(18-a) "State judge" means:
81	81	(A) a judge, former judge, or retired judge of an
82	82	appellate court, a district court, a constitutional county court, a
83	83	county court at law, or a statutory probate court of this state;
84	84	(B) an associate judge appointed under Chapter
85	85	201, Family Code, or a retired associate judge or former associate
86	86	judge appointed under that chapter;
87	87	(C) a magistrate or associate judge appointed
88	88	under Chapter 54 or 54A, Government Code;
89	89	(D) a justice of the peace; or
90	90	(E) a municipal court judge.
91	91	(19) "Statewide office" means an office of the
92	92	[federal or] state government that is voted on statewide.
93	93	(21) "Uniform election date" means an election date
94	94	prescribed by Section 41.001.
95	95	(22) "Voting station" means the voting booth or other
96	96	place where voters mark their ballots or otherwise indicate their
97	97	votes at a polling place.
98	98	(23) "Voting year" means the 12-month period beginning
99	99	January 1 of each year.
100	100	(24) "Presidential primary election" means an
101	101	election held under Subchapter A, Chapter 191, at which a political
102	102	party's voters are given an opportunity to express their
103	103	preferences for the party's presidential candidates, or for an
104	104	"uncommitted" status if provided by party rule, for the purpose of
105	105	determining the allocation of the party's delegates from this state
106	106	to the party's national presidential nominating convention.
107	107	SECTION 3. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
108	108	20, Election Code, are designated as Subtitle A, Title 2, Election
109	109	Code, and a heading is added to Subtitle A to read as follows:
110	110	SUBTITLE A. GENERAL REQUIREMENTS
111	111	SECTION 4. Section 11.002(a), Election Code, is amended to
112	112	read as follows:
113	113	(a) In this code, "qualified voter" means a person who:
114	114	(1) is 18 years of age or older;
115	115	(2) is a United States citizen;
116	116	(3) has not been determined by a final judgment of a
117	117	court exercising probate jurisdiction to be:
118	118	(A) totally mentally incapacitated; or
119	119	(B) partially mentally incapacitated without the
120	120	right to vote;
121	121	(4) has not been finally convicted of a felony or, if
122	122	so convicted, has:
123	123	(A) fully discharged the person's sentence,
124	124	including any term of incarceration, parole, or supervision, or
125	125	completed a period of probation ordered by any court; or
126	126	(B) been pardoned or otherwise released from the
127	127	resulting disability to vote;
128	128	(5) is a resident of this state; and
129	129	(6) is a registered voter under this subtitle.
130	130	SECTION 5. Title 2, Election Code, is amended by adding
131	131	Subtitle B to read as follows:
132	132	SUBTITLE B. FEDERAL ELECTIONS
133	133	CHAPTER 21. GENERAL PROVISIONS
134	134	Sec. 21.001. DEFINITIONS. In this subtitle:
135	135	(1) "Federal ballot" means a ballot that only lists
136	136	elections and candidates for federal office.
137	137	(2) "State election" means an election that is not a
138	138	federal election.
139	139	Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a)
140	140	Notwithstanding other law, a federal election is a separate
141	141	election from any other election in this state.
142	142	(b) A federal election under this subtitle may not list on
143	143	the federal ballot any proposition or election for state or county
144	144	office.
145	145	(c) To the extent feasible, a federal election and a state
146	146	election shall be held separately and concurrently using the same
147	147	precincts and polling locations.
148	148	Sec. 21.003. RULES. (a) The secretary of state shall adopt
149	149	rules to enact this subtitle.
150	150	(b) The rules adopted under this section must reduce voter
151	151	disruption and confusion to the greatest extent possible, including
152	152	by using the same area in which voters are being accepted for voting
153	153	and the same voting stations for state and federal elections.
154	154	CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
155	155	Sec. 22.001. DEFINITION. In this chapter, "military
156	156	service voter" means:
157	157	(1) a member of the armed forces of the United States;
158	158	(2) a member of the merchant marine of the United
159	159	States;
160	160	(3) a member of the Texas National Guard;
161	161	(4) a member of the National Guard of another state
162	162	serving on active duty under an order of the president of the United
163	163	States;
164	164	(5) a member of a reserve component of the armed forces
165	165	of the United States serving on active duty under an order of the
166	166	president of the United States or activated on state orders; or
167	167	(6) a spouse or dependent of a member of a military
168	168	organization listed in Subdivisions (1) through (5).
169	169	Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To
170	170	be eligible to vote in a federal election in this state, a person
171	171	must:
172	172	(1) be a qualified voter as defined by Section 11.002
173	173	on the day the person offers to vote; or
174	174	(2) meet all requirements for voter eligibility under
175	175	federal law and:
176	176	(A) meet all of the requirements to be a
177	177	qualified voter under Section 11.002 except the requirement under
178	178	Section 11.002(a)(6) that the person be a registered voter under
179	179	Subtitle A, and be:
180	180	(i) a military service voter; or
181	181	(ii) domiciled in this state but
182	182	temporarily living outside the territorial limits of the United
183	183	States and the District of Columbia; or
184	184	(B) be unable to complete the registration
185	185	requirements under Subtitle A.
186	186	Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) The
187	187	secretary of state shall create and maintain a procedure by which a
188	188	person eligible under Section 22.002 may submit an application to
189	189	register to vote under this subtitle. The procedure under this
190	190	section must comply with all federal laws for voter registration.
191	191	(b) A person who submits an application for registration
192	192	under Chapter 13 that does not comply with all requirements under
193	193	Subtitle A but does comply with all requirements under federal law
194	194	shall be registered to vote under this subtitle.
195	195	(c) A person registered to vote under Subsection (b) who
196	196	submits an application for registration under Chapter 13 that is
197	197	accepted becomes registered to vote under Subtitle A.
198	198	CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
199	199	Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority
200	200	preparing a ballot for a concurrent federal and state election
201	201	shall prepare a separate federal ballot for voters registered under
202	202	this subtitle.
203	203	Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION.
204	204	(a) A voter registered to vote under Subtitle A may vote a full
205	205	ballot containing propositions and candidates for office in state
206	206	and federal elections.
207	207	(b) A voter registered to vote under this subtitle may only
208	208	vote a federal ballot.
209	209	Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and
210	210	reporting procedures for a state election shall be conducted under
211	211	the provisions of this code.
212	212	(b) To the extent possible, voting, tabulation, and
213	213	reporting procedures for a federal election shall be conducted
214	214	under the provisions of this code.
215	215	(c) To the extent that federal law conflicts with a
216	216	provision of this code, voting, tabulation, and reporting
217	217	procedures for a federal election shall be conducted under the
218	218	provisions of the applicable federal law.
219	219	SECTION 6. Subchapter A, Chapter 41, Election Code, is
220	220	amended by adding Section 41.003 to read as follows:
221	221	Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a)
222	222	The general election for federal officers shall be held on the first
223	223	Tuesday after the first Monday in November in even-numbered years.
224	224	(b) To the extent feasible, the general election for federal
225	225	officers shall be held concurrently with the general election for
226	226	state and county officers.
227	227	SECTION 7. The heading to Section 41.007, Election Code, is
228	228	amended to read as follows:
229	229	Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY
230	230	OFFICERS.
231	231	SECTION 8. Sections 41.007(a) and (d), Election Code, are
232	232	amended to read as follows:
233	233	(a) The general primary election date for state and county
234	234	officers is the first Tuesday in March in each even-numbered year.
235	235	(d) No [other] election other than a primary election for
236	236	federal officers may be held on the date of a primary election.
237	237	SECTION 9. Subchapter A, Chapter 41, Election Code, is
238	238	amended by adding Section 41.0075 to read as follows:
239	239	Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a)
240	240	The primary election date for federal officers is the first Tuesday
241	241	in March in each even-numbered year.
242	242	(b) The runoff primary election date for federal officers is
243	243	the fourth Tuesday in May following the primary election for
244	244	federal officers.
245	245	(c) The presidential primary election date is the first
246	246	Tuesday in March in each presidential election year.
247	247	(d) To the extent feasible, the primary election for federal
248	248	officers shall be held concurrently with the primary election for
249	249	state and county officers.
250	250	SECTION 10. Section 42.002(a), Election Code, is amended to
251	251	read as follows:
252	252	(a) The county election precincts are the election
253	253	precincts for the following elections:
254	254	(1) the general election for state and county
255	255	officers;
256	256	(2) a special election ordered by the governor;
257	257	(3) a primary election;
258	258	(4) a countywide election ordered by the commissioners
259	259	court, county judge, or other county authority, except an election
260	260	subject to Section 42.062(2); [and]
261	261	(5) a federal election; and
262	262	(6) as provided by Section 42.0621, any other election
263	263	held by a political subdivision on a uniform election date.
264	264	SECTION 11. Section 67.010(a), Election Code, is amended to
265	265	read as follows:
266	266	(a) The county election returns for an election for a
267	267	statewide office other than governor or lieutenant governor, a
268	268	statewide measure, a district office, or a federal office
269	269	[president and vice-president of the United States] shall be
270	270	canvassed by the governor.
271	271	SECTION 12. Section 84.014, Election Code, is amended to
272	272	read as follows:
273	273	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
274	274	APPLICATIONS. If an applicant provides a date of birth, driver's
275	275	license number, or social security number on the applicant's
276	276	application for an early voting ballot to be voted by mail that is
277	277	different from or in addition to the information maintained by the
278	278	voter registrar in accordance with Subtitle A, Title 2, the early
279	279	voting clerk shall notify the voter registrar. The voter registrar
280	280	shall update the voter's record with the information provided by
281	281	the applicant.
282	282	SECTION 13. Section 101.052, Election Code, is amended by
283	283	amending Subsections (e), (f), and (j) and adding Subsection (n) to
284	284	read as follows:
285	285	(e) An applicant who otherwise complies with applicable
286	286	requirements is entitled to receive a full ballot to be voted by
287	287	mail under this chapter if:
288	288	(1) the applicant submits a federal postcard
289	289	application to the early voting clerk on or before the 20th day
290	290	before election day; and
291	291	(2) the application contains the information that is
292	292	required for registration under Subtitle A, Title 2.
293	293	(f) The applicant is entitled to receive only a federal
294	294	ballot to be voted by mail under Chapter 114 if:
295	295	(1) the applicant submits the federal postcard
296	296	application to the early voting clerk after the date provided by
297	297	Subsection (e)(1) and before the deadline for submitting a regular
298	298	application for a ballot to be voted by mail; and
299	299	(2) the application contains the information that is
300	300	required for registration under Subtitle A, Title 2.
301	301	(j) If the early voting clerk determines that an application
302	302	that is submitted before the time prescribed by Subsection (e)(1)
303	303	does not contain the information that is required for registration
304	304	under Subtitle A, Title 2, the clerk shall notify the applicant of
305	305	that fact. If the applicant has provided a telephone number or an
306	306	address for receiving mail over the Internet, the clerk shall
307	307	notify the applicant by that medium.
308	308	(n) A federal postcard application that does not meet the
309	309	requirements of Subtitle A, Title 2, may still constitute
310	310	registration for federal elections if the federal postcard
311	311	application meets the requirements of Subtitle B, Title 2.
312	312	SECTION 14. Section 101.053(b), Election Code, is amended
313	313	to read as follows:
314	314	(b) If an applicant provides a date of birth, driver's
315	315	license number, or social security number on the applicant's
316	316	federal postcard application that is different from or in addition
317	317	to the information maintained by the voter registrar in accordance
318	318	with Subtitle A, Title 2, the early voting clerk shall notify the
319	319	voter registrar. The voter registrar shall update the voter's
320	320	record with the information provided by the applicant.
321	321	SECTION 15. Section 101.055, Election Code, is amended by
322	322	amending Subsection (a) and adding Subsection (a-1) to read as
323	323	follows:
324	324	(a) The submission of a federal postcard application that
325	325	complies with the [applicable] requirements of Subtitle A, Title 2,
326	326	by an unregistered applicant constitutes registration by the
327	327	applicant:
328	328	(1) for the purpose of voting in the election for state
329	329	and county officers for which a ballot is requested; and
330	330	(2) under Subtitle A, Title 2, if the federal postcard
331	331	application complies with the requirements under that subtitle,
332	332	unless the person indicates on the application that the person is
333	333	residing outside the United States indefinitely.
334	334	(a-1) The submission of a federal postcard application that
335	335	complies with the requirements of Subtitle B, Title 2, by an
336	336	unregistered applicant constitutes registration by the applicant:
337	337	(1) for the purpose of voting in the election for
338	338	federal officers for which a ballot is requested; and
339	339	(2) under Subtitle B, Title 2, if the federal postcard
340	340	application complies with the requirements under that subtitle,
341	341	unless the person indicates on the application that the person is
342	342	residing outside the United States indefinitely.
343	343	SECTION 16. Section 142.005, Election Code, is amended to
344	344	read as follows:
345	345	Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An
346	346	application for a place on the ballot must be filed with:
347	347	(1) the secretary of state, for a federal, statewide,
348	348	or district office; or
349	349	(2) the county judge, for a county or precinct office.
350	350	SECTION 17. Section 145.033, Election Code, is amended to
351	351	read as follows:
352	352	Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED.
353	353	A candidate must file a withdrawal request with:
354	354	(1) the secretary of state, for a federal, statewide,
355	355	or district office; or
356	356	(2) the authority responsible for having the official
357	357	ballot prepared, for a county or precinct office.
358	358	SECTION 18. Section 145.037(d), Election Code, is amended
359	359	to read as follows:
360	360	(d) The chair must deliver the certification to:
361	361	(1) the secretary of state, for a federal, statewide,
362	362	or district office; or
363	363	(2) the authority responsible for having the official
364	364	ballot prepared, for a county or precinct office.
365	365	SECTION 19. Section 146.024, Election Code, is amended to
366	366	read as follows:
367	367	Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A
368	368	declaration of write-in candidacy must be filed with:
369	369	(1) the secretary of state, for a federal, statewide,
370	370	or district office; or
371	371	(2) the county judge, for a county or precinct office.
372	372	SECTION 20. Section 161.008(a), Election Code, is amended
373	373	to read as follows:
374	374	(a) Except as provided by Subsection (c), the secretary of
375	375	state shall certify in writing for placement on the general
376	376	election ballot the name of each candidate nominated at a primary
377	377	election or convention of a political party for a federal,
378	378	statewide, or district office.
379	379	SECTION 21. Section 163.006(d), Election Code, is amended
380	380	to read as follows:
381	381	(d) Before January 15 of each year in which political
382	382	parties hold precinct conventions under this title, the secretary
383	383	of state shall deliver written notice of the requirements of this
384	384	section to the state chair of each party that had a nominee for a
385	385	federal, statewide, or district office on the most recent general
386	386	election ballot.
387	387	SECTION 22. Section 172.059(b), Election Code, is amended
388	388	to read as follows:
389	389	(b) A withdrawal request for the runoff primary must be
390	390	filed with the state chair, for a federal, statewide, or district
391	391	office, or with the county chair, for a county or precinct office.
392	392	SECTION 23. Section 172.121(a), Election Code, is amended
393	393	to read as follows:
394	394	(a) The state chair shall certify on the secretary of
395	395	state's website for placement on the runoff primary election ballot
396	396	the name of each general primary candidate for a federal,
397	397	statewide, or district office who is to be a candidate in the
398	398	runoff.
399	399	SECTION 24. Section 172.122(a), Election Code, is amended
400	400	to read as follows:
401	401	(a) The state chair shall certify by posting on the
402	402	secretary of state's website the name and address of each primary
403	403	candidate who is nominated for a federal, statewide, or district
404	404	office. The state chair shall execute and file digitally with the
405	405	secretary of state an affidavit certifying that the returns posted
406	406	on the secretary of state's website are the correct and complete
407	407	returns. The secretary of state shall adopt by rule a process to
408	408	allow the chair to submit the affidavit digitally.
409	409	SECTION 25. Section 173.063, Election Code, is amended to
410	410	read as follows:
411	411	Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair
412	412	shall deposit in the state primary fund each filing fee
413	413	accompanying an application for a place on the ballot filed with the
414	414	state chair:
415	415	(1) for a federal office;
416	416	(1-a) for a statewide office; or
417	417	(2) for a district office if the application is filed
418	418	after the regular filing deadline.
419	419	SECTION 26. Section 181.0311(a), Election Code, as
420	420	effective September 1, 2021, is amended to read as follows:
421	421	(a) In addition to any other requirements, to be considered
422	422	for nomination by convention, a candidate must:
423	423	(1) pay a filing fee to the secretary of state for a
424	424	federal, statewide, or district office or the county judge for a
425	425	county or precinct office; or
426	426	(2) submit to the secretary of state for a federal,
427	427	statewide, or district office or the county judge for a county or
428	428	precinct office a petition in lieu of a filing fee that satisfies
429	429	the requirements prescribed by Subsection (e) and Section 141.062.
430	430	SECTION 27. Section 181.032(a), Election Code, is amended
431	431	to read as follows:
432	432	(a) An application for nomination by a convention must be
433	433	filed with:
434	434	(1) the state chair, for a federal, statewide, or
435	435	district office; or
436	436	(2) the county chair, for a county or precinct office.
437	437	SECTION 28. Section 181.068(b), Election Code, is amended
438	438	to read as follows:
439	439	(b) Not later than the 20th day after the date of the
440	440	convention making the nomination, the presiding officer shall
441	441	deliver the certification to:
442	442	(1) the authority responsible for having the official
443	443	general election ballot prepared in the county, for certification
444	444	of a county or precinct office; or
445	445	(2) the secretary of state, for certification of a
446	446	federal, statewide, or district office.
447	447	SECTION 29. Sections 231.008(b) and (c), Election Code, are
448	448	amended to read as follows:
449	449	(b) If the judgment in a contest for an office affects the
450	450	preparation of the ballot for a succeeding election, the clerk
451	451	shall deliver a copy to the authority responsible for having the
452	452	official ballot prepared or, in the case of a federal, statewide, or
453	453	district office, to the authority responsible for certifying the
454	454	names of the candidates for placement on the ballot.
455	455	(c) If the judgment orders that a new general or special
456	456	election be held, the clerk shall deliver a copy to the authority
457	457	responsible for ordering the election. If the judgment orders a new
458	458	primary election, the clerk shall deliver a copy to the state chair
459	459	of the appropriate political party, in the case of a federal,
460	460	statewide, or district office, or to the county chair, in the case
461	461	of a county or precinct office.
462	462	SECTION 30. Section 232.013(d), Election Code, is amended
463	463	to read as follows:
464	464	(d) If the contested election is a primary, the district
465	465	clerk shall deliver a certified copy of the order setting the date
466	466	of the runoff to the state chair of the political party in the case
467	467	of a federal, statewide, or district office or to the county chair
468	468	in the case of a county or precinct office.
469	469	SECTION 31. Section 232.048(c), Election Code, is amended
470	470	to read as follows:
471	471	(c) The candidate receiving the most votes in a new election
472	472	ordered by a court in a primary election contest is the political
473	473	party's nominee, regardless of whether the candidate receives a
474	474	majority vote, if the date of the final canvass of the court-ordered
475	475	primary is on or after:
476	476	(1) the 85th day before the date of the succeeding
477	477	general election in the case of a federal, statewide, or district
478	478	office; or
479	479	(2) the 75th day before the date of the succeeding
480	480	general election in the case of a county or precinct office.
481	481	SECTION 32. Section 252.005, Election Code, is amended to
482	482	read as follows:
483	483	Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED:
484	484	CANDIDATE. An individual must file a campaign treasurer appointment
485	485	for the individual's own candidacy with:
486	486	(1) the commission, if the appointment is made for
487	487	candidacy for:
488	488	(A) a federal office;
489	489	(A-1) a statewide office;
490	490	(B) a district office filled by voters of more
491	491	than one county;
492	492	(C) a judicial district office filled by voters
493	493	of only one county;
494	494	(D) state senator;
495	495	(E) state representative; or
496	496	(F) the State Board of Education;
497	497	(2) the county clerk, if the appointment is made for
498	498	candidacy for a county office, a precinct office, or a district
499	499	office other than one included in Subdivision (1);
500	500	(3) the clerk or secretary of the governing body of the
501	501	political subdivision or, if the political subdivision has no clerk
502	502	or secretary, with the governing body's presiding officer, if the
503	503	appointment is made for candidacy for an office of a political
504	504	subdivision other than a county;
505	505	(4) the county clerk if:
506	506	(A) the appointment is made for candidacy for an
507	507	office of a political subdivision other than a county;
508	508	(B) the governing body for the political
509	509	subdivision has not been formed; and
510	510	(C) no boundary of the political subdivision
511	511	crosses a boundary of the county; or
512	512	(5) the commission if:
513	513	(A) the appointment is made for candidacy for an
514	514	office of a political subdivision other than a county;
515	515	(B) the governing body for the political
516	516	subdivision has not been formed; and
517	517	(C) the political subdivision is situated in more
518	518	than one county.
519	519	SECTION 33. Section 41.007(c), Election Code, is repealed.
520	520	SECTION 34. This Act takes effect on the 91st day after the
521	521	last day of the legislative session.