Texas 2021 - 87th 3rd C.S.

Texas House Bill HB13 Compare Versions

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

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