S.B. No. 13
AN ACT
relating to dates of certain elections to be held in 2022.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 41, Election Code, is
amended by adding Section 41.0075 to read as follows:
Sec. 41.0075. PRIMARY ELECTION: TEMPORARY PROVISION. (a)
This section supersedes any conflicting statute with respect to a
primary election to be held in 2022.
(b) For the purposes of this section, a redistricting plan
"becomes law" on the earlier of:
(1) the date the governor signs an Act of the 87th
Legislature relating to the composition of the State Board of
Education, state legislative, or federal congressional districts;
or
(2) the date on which the time for gubernatorial
action on an Act of the 87th Legislature relating to the composition
of the State Board of Education, state legislative, or federal
congressional districts expires under Section 14, Article IV, Texas
Constitution.
(c) If a redistricting plan adopted following the 2020
federal census by the legislature that includes a State Board of
Education, state legislative, or federal congressional district
becomes law:
(1) on or before November 15, 2021, the following
dates related to the primary election for the election of officers
for the district shall apply:
(A) an application for a place on the general
primary election ballot must be filed not earlier than November 29,
2021, and not later than 6 p.m. on December 13, 2021;
(B) the general primary election date is March 1,
2022; and
(C) the runoff primary election date is May 24,
2022;
(2) after November 15, 2021, and on or before December
28, 2021, the following dates related to the primary election for
the election of officers for the district shall apply:
(A) an application for a place on the general
primary election ballot must be filed not earlier than January 10,
2022, and not later than 6 p.m. on January 24, 2022;
(B) the general primary election date is April 5,
2022; and
(C) the runoff primary election date is June 21,
2022; and
(3) after December 28, 2021, and on or before February
7, 2022, the following dates related to the primary election for the
election of officers for the district shall apply:
(A) an application for a place on the general
primary election ballot must be filed not earlier than February 21,
2022, and not later than 6 p.m. on March 7, 2022;
(B) the general primary election date is May 24,
2022; and
(C) the runoff primary election date is July 26,
2022.
(d) If a plan for a State Board of Education, state
legislative, or federal congressional district becomes law on dates
included under more than one subdivision of Subsection (c), the
latest dates provided for the filing period and the general and
runoff primary elections of all of the subdivisions applicable to
the effective date of a plan shall apply. The county chair shall
conduct the drawing to determine the order of the candidates' names
on the general primary election ballot in accordance with Section
172.082(c) after the date of the applicable filing deadline.
(e) If a redistricting plan to which this section applies
has not become law on or before February 7, 2022, the secretary of
state shall set the dates of the filing period and the general and
runoff primary elections for the election of officers of the
districts to which this section applies. In setting dates under
this subsection, the secretary of state shall ensure the efficient
and orderly administration of elections and shall, to the extent
practicable, set dates in a manner that allows the same interval of
time in relation to the date of the election as would be provided by
the application of other law.
(f) Except as provided by Subsection (h), a date set for the
filing period or the general primary election under Subsection (c)
or (d) shall be the date of any filing period provided under this
code or of any general primary election held under this code.
(g) Except as provided by this section, the secretary of
state shall adjust the schedule for canvassing election returns,
declaring results, or performing any other official act relating to
an election held on a date under this section as necessary for the
efficient and orderly administration of the election. To the
extent practicable, the secretary of state shall adjust schedules
under this subsection in a manner that allows the same interval of
time in relation to the date of the election as would be provided by
the application of other law.
(h) Notwithstanding any other provision of this code, an
election for the office of precinct chair held in 2022 shall be held
on the same date as the runoff primary election held in 2022 and the
precinct chair shall be elected by plurality vote. The secretary of
state shall set the dates of the filing period for the election of
the precinct chair and shall adjust the schedule for performing any
official act relating to an election held under this subsection as
necessary for the efficient and orderly administration of the
election.
(i) This section expires January 1, 2023.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 13 passed the Senate on
August 9, 2021, by the following vote: Yeas 28, Nays 1; and that
the Senate concurred in House amendment on August 29, 2021, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 13 passed the House, with
amendment, on August 27, 2021, by the following vote: Yeas 96,
Nays 25, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor