1 | 1 | | 89R14834 MLH-D |
---|
2 | 2 | | By: Lowe H.B. No. 4000 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to providing for the statewide election of the speaker of |
---|
10 | 10 | | the house of representatives by the voters of this state. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 52.092(c), Election Code, is amended to |
---|
13 | 13 | | read as follows: |
---|
14 | 14 | | (c) Statewide offices of the state government shall be |
---|
15 | 15 | | listed in the following order: |
---|
16 | 16 | | (1) governor; |
---|
17 | 17 | | (2) lieutenant governor; |
---|
18 | 18 | | (3) speaker of the house of representatives; |
---|
19 | 19 | | (4) attorney general; |
---|
20 | 20 | | (5) [(4)] comptroller of public accounts; |
---|
21 | 21 | | (6) [(5)] commissioner of the General Land Office; |
---|
22 | 22 | | (7) [(6)] commissioner of agriculture; |
---|
23 | 23 | | (8) [(7)] railroad commissioner; |
---|
24 | 24 | | (9) [(8)] chief justice, supreme court; |
---|
25 | 25 | | (10) [(9)] justice, supreme court; |
---|
26 | 26 | | (11) [(10)] presiding judge, court of criminal |
---|
27 | 27 | | appeals; |
---|
28 | 28 | | (12) [(11)] judge, court of criminal appeals. |
---|
29 | 29 | | SECTION 2. Section 67.008, Election Code, is amended to |
---|
30 | 30 | | read as follows: |
---|
31 | 31 | | Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR, [AND] |
---|
32 | 32 | | LIEUTENANT GOVERNOR, AND SPEAKER OF THE HOUSE. (a) In addition to |
---|
33 | 33 | | the returns required by Section 67.007, each county clerk shall |
---|
34 | 34 | | prepare separate county election returns of an election for the |
---|
35 | 35 | | office of governor, [or] lieutenant governor, or speaker of the |
---|
36 | 36 | | house of representatives that contain the same information as the |
---|
37 | 37 | | returns for those offices prepared under Section 67.007. |
---|
38 | 38 | | (b) The returns shall be delivered to the secretary of state |
---|
39 | 39 | | as provided by Section 67.007. |
---|
40 | 40 | | (c) The secretary of state shall retain the returns until |
---|
41 | 41 | | the first day of the next regular legislative session, when the |
---|
42 | 42 | | secretary shall deliver the returns to the speaker of the house of |
---|
43 | 43 | | representatives or, for the office of speaker of the house, to the |
---|
44 | 44 | | speaker pro tempore. |
---|
45 | 45 | | (d) The county clerk shall retain a copy of the county |
---|
46 | 46 | | returns for the offices to which this section applies [of governor |
---|
47 | 47 | | and lieutenant governor] for the period for preserving the precinct |
---|
48 | 48 | | election records. |
---|
49 | 49 | | SECTION 3. Section 67.009(a), Election Code, is amended to |
---|
50 | 50 | | read as follows: |
---|
51 | 51 | | (a) Before each election for which county election returns |
---|
52 | 52 | | are required, the secretary of state shall deliver to each county |
---|
53 | 53 | | clerk in the territory covered by the election two copies of the |
---|
54 | 54 | | officially prescribed form for reporting county election returns. |
---|
55 | 55 | | The secretary shall also deliver two copies of the official form for |
---|
56 | 56 | | the separate returns for the offices of governor, [and] lieutenant |
---|
57 | 57 | | governor, and speaker of the house of representatives, if |
---|
58 | 58 | | applicable. |
---|
59 | 59 | | SECTION 4. Section 67.010(a), Election Code, is amended to |
---|
60 | 60 | | read as follows: |
---|
61 | 61 | | (a) The county election returns for an election for a |
---|
62 | 62 | | statewide office other than governor, [or] lieutenant governor, or |
---|
63 | 63 | | speaker of the house of representatives, a statewide measure, a |
---|
64 | 64 | | district office, or president and vice-president of the United |
---|
65 | 65 | | States shall be canvassed by the governor. |
---|
66 | 66 | | SECTION 5. Section 67.011(a), Election Code, is amended to |
---|
67 | 67 | | read as follows: |
---|
68 | 68 | | (a) The county election returns for an election for the |
---|
69 | 69 | | office of governor, [or] lieutenant governor, or speaker of the |
---|
70 | 70 | | house of representatives shall be canvassed by the legislature and |
---|
71 | 71 | | the official result declared by the speaker of the house of |
---|
72 | 72 | | representatives in accordance with [Article IV,] Section 3, Article |
---|
73 | 73 | | IV, [of the] Texas Constitution, or by the speaker pro tempore of |
---|
74 | 74 | | the house of representatives in accordance with Section 9-a, |
---|
75 | 75 | | Article III, Texas Constitution. |
---|
76 | 76 | | SECTION 6. Section 67.015(e), Election Code, is amended to |
---|
77 | 77 | | read as follows: |
---|
78 | 78 | | (e) If a discrepancy exists between the legislature's |
---|
79 | 79 | | canvass of the election for governor, [or] lieutenant governor, or |
---|
80 | 80 | | speaker of the house of representatives and the register entries |
---|
81 | 81 | | pertaining to any [either] of those offices that are made from the |
---|
82 | 82 | | secretary of state's tabulation, the secretary shall make the |
---|
83 | 83 | | entries in the register necessary to make it correspond to the |
---|
84 | 84 | | legislature's canvass. |
---|
85 | 85 | | SECTION 7. Section 67.016(g), Election Code, is amended to |
---|
86 | 86 | | read as follows: |
---|
87 | 87 | | (g) This section does not apply to the offices of governor, |
---|
88 | 88 | | [and] lieutenant governor, and speaker of the house of |
---|
89 | 89 | | representatives. |
---|
90 | 90 | | SECTION 8. Section 203.001, Election Code, is amended to |
---|
91 | 91 | | read as follows: |
---|
92 | 92 | | Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter |
---|
93 | 93 | | applies to the offices of speaker of the house of representatives, |
---|
94 | 94 | | state senator, and state representative. |
---|
95 | 95 | | SECTION 9. If this Act takes effect as provided by Section |
---|
96 | 96 | | 10 of this Act: |
---|
97 | 97 | | (1) the initial election for the office of speaker of |
---|
98 | 98 | | the house of representatives as provided by the proposed |
---|
99 | 99 | | constitutional amendment shall be held at the general election for |
---|
100 | 100 | | state and county officers conducted in 2026; and |
---|
101 | 101 | | (2) the secretary of state by order may extend the |
---|
102 | 102 | | deadline for filing as a candidate for the office of speaker in |
---|
103 | 103 | | connection with the initial election in 2026 as necessary to |
---|
104 | 104 | | provide a period of at least five business days during which a |
---|
105 | 105 | | candidate may file for election as speaker. |
---|
106 | 106 | | SECTION 10. This Act takes effect when the constitutional |
---|
107 | 107 | | amendment proposed by the 89th Legislature, Regular Session, 2025, |
---|
108 | 108 | | providing for the statewide election of the speaker of the house of |
---|
109 | 109 | | representatives by the voters of this state takes effect if that |
---|
110 | 110 | | proposed amendment is approved by the voters. If that amendment is |
---|
111 | 111 | | not approved by the voters, this Act has no effect. |
---|