Texas 2023 88th Regular

Texas House Bill HB4636 Introduced / Bill

Filed 03/09/2023

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                    88R13144 MPF-F
 By: Orr H.B. No. 4636


 A BILL TO BE ENTITLED
 AN ACT
 relating to the eligibility of political party candidates or
 officers and certain procedures of the county executive committee.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 161.005(a), Election Code, is amended to
 read as follows:
 (a)  To be eligible to be a candidate for or to serve as an
 officer of a political party, a person must:
 (1)  except as provided by Subsection (c), not be a
 candidate for nomination or election to, or be the holder of, an
 elective office of the federal, state, or county government; [and]
 (2)  if the office is a county or precinct chair of a
 political party, be a qualified voter of the county; and
 (3)  have not been finally convicted of a felony from
 which the person has not been pardoned or otherwise released from
 the resulting disabilities.
 SECTION 2.  Section 171.022, Election Code, is amended by
 adding Subsection (e) to read as follows:
 (e)  The county chair may appoint ex officio, nonvoting
 members, as necessary, to assist the county executive committee in
 conducting business, to serve at the pleasure of the chair.
 SECTION 3.  Section 171.024(c), Election Code, is amended to
 read as follows:
 (c)  If a vacancy occurs in the office of precinct chair, the
 county chair shall appoint a replacement who meets the
 qualifications for office under Section 161.005(a) to serve for the
 remainder of the term. The county chair may form a vacancy
 committee to assist in filling vacancies under this subsection
 [Each party shall adopt rules to determine a percentage of
 committee membership that constitutes a quorum for purposes of
 filling a vacancy in the office of precinct chair. To be elected, a
 person must receive a favorable vote of a majority of the members
 voting].
 SECTION 4.  Section 171.026, Election Code, is amended to
 read as follows:
 Sec. 171.026.  MEETINGS; PROXY NOT ALLOWED. (a) The county
 chair shall set the schedule for meetings and the agenda for each
 meeting.
 (b)  A person may not participate in a county executive
 committee meeting as a proxy.
 (c)  A county executive committee meeting may be in person or
 by videoconference, as provided by Section 551.127, Government
 Code.
 SECTION 5.  The heading to Section 171.028, Election Code,
 is amended to read as follows:
 Sec. 171.028.  COUNTY CHAIR AUTHORITY AND TRANSITION.
 SECTION 6.  Section 171.028, Election Code, is amended by
 amending Subsection (a) and adding Subsection (e) to read as
 follows:
 (a)  Not later than the 30th day after the date the term of
 office of a new county chair begins, the person formerly serving as
 the county chair shall transfer to the new county chair:
 (1)  all local party [bank] accounts [over which the
 former county chair has authority]; and
 (2)  the following original records that are in the
 possession of the former county chair:
 (A)  precinct chair and county chair canvass
 results;
 (B)  candidate applications;
 (C)  paperwork related to the primary election;
 and
 (D)  other documents concerning party affairs.
 (e)  The county chair has authority over and is the
 administrator of all party accounts and contracts.
 SECTION 7.  Section 171.029, Election Code, is amended by
 adding Subsections (e) and (f) to read as follows:
 (e)  A precinct or county chair may be removed from office
 under this section if the precinct or county chair no longer meets
 the eligibility requirements under Section 161.005.
 (f)  A precinct or county chair may not be removed except as
 provided by this section.
 SECTION 8.  This Act takes effect September 1, 2023.