88R20076 PRL-F
By: Burrows H.B. No. 1635
Substitute the following for H.B. No. 1635:
By: Smith C.S.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. Section 163.007, Election Code, is amended to
read as follows:
Sec. 163.007. RULES ENFORCEABLE BY MANDAMUS. A rule on
electoral affairs is enforceable by writ of mandamus in the same
manner as if the rule were a statute. A rule on electoral affairs
that conflicts with state or federal law is void and unenforceable.
SECTION 3. Sections 172.0222(b) and (g), Election Code, are
amended to read as follows:
(b) On the filing of an application for a place on the
general primary election ballot, the authority with whom the
application is filed shall review the application to determine
whether it complies with state or federal law or with the
requirements as to form, content, and procedure that it must
satisfy for the candidate's name to be placed on the general primary
election ballot.
(g) If an application does not comply with the [applicable]
requirements described by Subsection (b), the authority shall
reject the application and immediately deliver to the candidate
written notice of the reason for the rejection.
SECTION 4. 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 5. 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 6. Section 173.033, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding any other provision of this chapter:
(1) a primary fund may not be used to pay expenses
incurred by a political party in connection with a primary election
conducted by a political party that has authorized a party official
to reject an application for a place on the primary election ballot
or declare a candidate ineligible for any reason not specified
under the laws of this state or federal law; and
(2) any funds disbursed to the primary fund of a
political party specified in Subdivision (1) shall be remitted to
the secretary of state immediately on request and deposited in the
state treasury for the financing of primary elections.
SECTION 7. 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 8. Sections 172.081 and 172.083, Election Code, are
repealed.
SECTION 9. This Act takes effect September 1, 2023.