88R13146 PRL-F
By: Burrows H.B. No. 1635
A BILL TO BE ENTITLED
AN ACT
relating to the operation of political parties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.001, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A party official may not deny a person eligible to
affiliate with a political party under Section 162.002 the ability
to affiliate with the political party.
SECTION 2. Chapter 163, Election Code, is amended by adding
Section 163.0015 to read as follows:
Sec. 163.0015. RULES FOR PUBLIC OFFICES OTHER THAN
PRESIDENT OR VICE PRESIDENT. Notwithstanding any other provision
of this title, a political party may only adopt a rule governing or
affecting presidential or vice-presidential nominees. The
secretary of state shall adopt any rule governing or affecting
general or runoff primary elections or nominees for all other
public offices.
SECTION 3. Section 163.004(a), Election Code, is amended to
read as follows:
(a) A political party's rules, including amendments to
rules, governing or affecting its [general or runoff primary
elections,] conventions held under this code[,] or presidential or
vice-presidential nominees may be adopted only by:
(1) a state convention; or
(2) the state executive committee as:
(A) a temporary rule, if adoption before the next
state convention is necessary; or
(B) a permanent rule, if the state executive
committee is expressly required or authorized by statute to adopt a
rule.
SECTION 4. Sections 172.0222(g) and (h), Election Code, are
amended to read as follows:
(g) If an application does not comply with the applicable
requirements, the authority shall reject the application and
immediately deliver to the candidate written notice of the reason
for the rejection. The authority may not reject an application for
any reason not specified under this code.
(h) This section does not apply to a determination of a
candidate's eligibility. A candidate in a general or runoff primary
election may not be declared ineligible for any reason not
specified under this code.
SECTION 5. Section 172.053, Election Code, is amended to
read as follows:
Sec. 172.053. ADMINISTRATIVE DECLARATION OF INELIGIBILITY
AFTER POLLS CLOSE. Except for a judicial action in which a
candidate's eligibility is in issue, after the polls close on
primary election day and before the final canvass for the office
sought by the candidate is completed, a candidate for nomination
may be declared ineligible only by the presiding officer of the
primary's final canvassing authority for that office. A candidate
in a general or runoff primary election may not be declared
ineligible for any reason not specified under this code.
SECTION 6. Section 172.082(b), Election Code, is amended to
read as follows:
(b) The county chair or the county chair's designee shall
conduct the drawing [unless the county executive committee provides
by resolution that the drawing be conducted by the primary
committee].
SECTION 7. Section 172.111(b), Election Code, is amended to
read as follows:
(b) The county chair [executive committee] shall supervise
the overall conduct of a primary election in each county.
SECTION 8. Section 191.008(b), Election Code, is amended to
read as follows:
(b) The rules may not be inconsistent with national party
rules, this subchapter, or with rules adopted by the secretary of
state under this subchapter.
SECTION 9. Sections 172.081 and 172.083, Election Code, are
repealed.
SECTION 10. This Act takes effect September 1, 2023.