88R25030 MPF-F
By: Orr, et al. H.B. No. 4636
Substitute the following for H.B. No. 4636:
By: Capriglione C.S.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, Election Code, is amended by
amending Subsection (a) and adding Subsections (d), (e), and (f) 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.
(d) A county chair automatically vacates the office on the
chair's failure to meet the eligibility requirements under this
section.
(e) A precinct chair automatically vacates the office on the
chair's failure to meet the eligibility requirements under this
section or Section 171.023.
(f) A county or precinct chair may not be removed except as
provided by Section 171.029.
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. Sections 171.024(a) and (c), Election Code, are
amended to read as follows:
(a) The county executive committee, or the county chair
under Subsection (c), shall fill by appointment any vacancy on the
committee. The state executive committee may by rule adopt
procedures for filling vacancies that are not inconsistent with
this chapter.
(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, subject to confirmation by the county
executive committee. 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 confirmed [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.
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. This Act takes effect September 1, 2023.