| 1 | 1 | | 88R25030 MPF-F |
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| 2 | 2 | | By: Orr, et al. H.B. No. 4636 |
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| 3 | 3 | | Substitute the following for H.B. No. 4636: |
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| 4 | 4 | | By: Capriglione C.S.H.B. No. 4636 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility of political party candidates or |
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| 10 | 10 | | officers and certain procedures of the county executive committee. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 161.005, Election Code, is amended by |
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| 13 | 13 | | amending Subsection (a) and adding Subsections (d), (e), and (f) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (a) To be eligible to be a candidate for or to serve as an |
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| 16 | 16 | | officer of a political party, a person must: |
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| 17 | 17 | | (1) except as provided by Subsection (c), not be a |
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| 18 | 18 | | candidate for nomination or election to, or be the holder of, an |
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| 19 | 19 | | elective office of the federal, state, or county government; [and] |
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| 20 | 20 | | (2) if the office is a county or precinct chair of a |
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| 21 | 21 | | political party, be a qualified voter of the county; and |
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| 22 | 22 | | (3) have not been finally convicted of a felony from |
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| 23 | 23 | | which the person has not been pardoned or otherwise released from |
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| 24 | 24 | | the resulting disabilities. |
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| 25 | 25 | | (d) A county chair automatically vacates the office on the |
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| 26 | 26 | | chair's failure to meet the eligibility requirements under this |
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| 27 | 27 | | section. |
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| 28 | 28 | | (e) A precinct chair automatically vacates the office on the |
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| 29 | 29 | | chair's failure to meet the eligibility requirements under this |
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| 30 | 30 | | section or Section 171.023. |
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| 31 | 31 | | (f) A county or precinct chair may not be removed except as |
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| 32 | 32 | | provided by Section 171.029. |
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| 33 | 33 | | SECTION 2. Section 171.022, Election Code, is amended by |
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| 34 | 34 | | adding Subsection (e) to read as follows: |
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| 35 | 35 | | (e) The county chair may appoint ex officio, nonvoting |
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| 36 | 36 | | members, as necessary, to assist the county executive committee in |
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| 37 | 37 | | conducting business, to serve at the pleasure of the chair. |
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| 38 | 38 | | SECTION 3. Sections 171.024(a) and (c), Election Code, are |
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| 39 | 39 | | amended to read as follows: |
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| 40 | 40 | | (a) The county executive committee, or the county chair |
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| 41 | 41 | | under Subsection (c), shall fill by appointment any vacancy on the |
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| 42 | 42 | | committee. The state executive committee may by rule adopt |
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| 43 | 43 | | procedures for filling vacancies that are not inconsistent with |
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| 44 | 44 | | this chapter. |
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| 45 | 45 | | (c) If a vacancy occurs in the office of precinct chair, the |
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| 46 | 46 | | county chair shall appoint a replacement who meets the |
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| 47 | 47 | | qualifications for office under Section 161.005(a) to serve for the |
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| 48 | 48 | | remainder of the term, subject to confirmation by the county |
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| 49 | 49 | | executive committee. The county chair may form a vacancy committee |
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| 50 | 50 | | to assist in filling vacancies under this subsection. Each party |
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| 51 | 51 | | shall adopt rules to determine a percentage of committee membership |
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| 52 | 52 | | that constitutes a quorum for purposes of filling a vacancy in the |
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| 53 | 53 | | office of precinct chair. To be confirmed [elected], a person must |
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| 54 | 54 | | receive a favorable vote of a majority of the members voting. |
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| 55 | 55 | | SECTION 4. Section 171.026, Election Code, is amended to |
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| 56 | 56 | | read as follows: |
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| 57 | 57 | | Sec. 171.026. MEETINGS; PROXY NOT ALLOWED. (a) The county |
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| 58 | 58 | | chair shall set the schedule for meetings and the agenda for each |
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| 59 | 59 | | meeting. |
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| 60 | 60 | | (b) A person may not participate in a county executive |
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| 61 | 61 | | committee meeting as a proxy. |
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| 62 | 62 | | (c) A county executive committee meeting may be in person or |
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| 63 | 63 | | by videoconference. |
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| 64 | 64 | | SECTION 5. The heading to Section 171.028, Election Code, |
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| 65 | 65 | | is amended to read as follows: |
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| 66 | 66 | | Sec. 171.028. COUNTY CHAIR AUTHORITY AND TRANSITION. |
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| 67 | 67 | | SECTION 6. Section 171.028, Election Code, is amended by |
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| 68 | 68 | | amending Subsection (a) and adding Subsection (e) to read as |
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| 69 | 69 | | follows: |
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| 70 | 70 | | (a) Not later than the 30th day after the date the term of |
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| 71 | 71 | | office of a new county chair begins, the person formerly serving as |
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| 72 | 72 | | the county chair shall transfer to the new county chair: |
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| 73 | 73 | | (1) all local party [bank] accounts [over which the |
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| 74 | 74 | | former county chair has authority]; and |
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| 75 | 75 | | (2) the following original records that are in the |
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| 76 | 76 | | possession of the former county chair: |
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| 77 | 77 | | (A) precinct chair and county chair canvass |
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| 78 | 78 | | results; |
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| 79 | 79 | | (B) candidate applications; |
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| 80 | 80 | | (C) paperwork related to the primary election; |
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| 81 | 81 | | and |
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| 82 | 82 | | (D) other documents concerning party affairs. |
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| 83 | 83 | | (e) The county chair has authority over and is the |
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| 84 | 84 | | administrator of all party accounts and contracts. |
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| 85 | 85 | | SECTION 7. This Act takes effect September 1, 2023. |
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