Texas 2025 - 89th Regular

Texas House Bill HB4000 Compare Versions

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11 89R14834 MLH-D
22 By: Lowe H.B. No. 4000
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to providing for the statewide election of the speaker of
1010 the house of representatives by the voters of this state.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 52.092(c), Election Code, is amended to
1313 read as follows:
1414 (c) Statewide offices of the state government shall be
1515 listed in the following order:
1616 (1) governor;
1717 (2) lieutenant governor;
1818 (3) speaker of the house of representatives;
1919 (4) attorney general;
2020 (5) [(4)] comptroller of public accounts;
2121 (6) [(5)] commissioner of the General Land Office;
2222 (7) [(6)] commissioner of agriculture;
2323 (8) [(7)] railroad commissioner;
2424 (9) [(8)] chief justice, supreme court;
2525 (10) [(9)] justice, supreme court;
2626 (11) [(10)] presiding judge, court of criminal
2727 appeals;
2828 (12) [(11)] judge, court of criminal appeals.
2929 SECTION 2. Section 67.008, Election Code, is amended to
3030 read as follows:
3131 Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR, [AND]
3232 LIEUTENANT GOVERNOR, AND SPEAKER OF THE HOUSE. (a) In addition to
3333 the returns required by Section 67.007, each county clerk shall
3434 prepare separate county election returns of an election for the
3535 office of governor, [or] lieutenant governor, or speaker of the
3636 house of representatives that contain the same information as the
3737 returns for those offices prepared under Section 67.007.
3838 (b) The returns shall be delivered to the secretary of state
3939 as provided by Section 67.007.
4040 (c) The secretary of state shall retain the returns until
4141 the first day of the next regular legislative session, when the
4242 secretary shall deliver the returns to the speaker of the house of
4343 representatives or, for the office of speaker of the house, to the
4444 speaker pro tempore.
4545 (d) The county clerk shall retain a copy of the county
4646 returns for the offices to which this section applies [of governor
4747 and lieutenant governor] for the period for preserving the precinct
4848 election records.
4949 SECTION 3. Section 67.009(a), Election Code, is amended to
5050 read as follows:
5151 (a) Before each election for which county election returns
5252 are required, the secretary of state shall deliver to each county
5353 clerk in the territory covered by the election two copies of the
5454 officially prescribed form for reporting county election returns.
5555 The secretary shall also deliver two copies of the official form for
5656 the separate returns for the offices of governor, [and] lieutenant
5757 governor, and speaker of the house of representatives, if
5858 applicable.
5959 SECTION 4. Section 67.010(a), Election Code, is amended to
6060 read as follows:
6161 (a) The county election returns for an election for a
6262 statewide office other than governor, [or] lieutenant governor, or
6363 speaker of the house of representatives, a statewide measure, a
6464 district office, or president and vice-president of the United
6565 States shall be canvassed by the governor.
6666 SECTION 5. Section 67.011(a), Election Code, is amended to
6767 read as follows:
6868 (a) The county election returns for an election for the
6969 office of governor, [or] lieutenant governor, or speaker of the
7070 house of representatives shall be canvassed by the legislature and
7171 the official result declared by the speaker of the house of
7272 representatives in accordance with [Article IV,] Section 3, Article
7373 IV, [of the] Texas Constitution, or by the speaker pro tempore of
7474 the house of representatives in accordance with Section 9-a,
7575 Article III, Texas Constitution.
7676 SECTION 6. Section 67.015(e), Election Code, is amended to
7777 read as follows:
7878 (e) If a discrepancy exists between the legislature's
7979 canvass of the election for governor, [or] lieutenant governor, or
8080 speaker of the house of representatives and the register entries
8181 pertaining to any [either] of those offices that are made from the
8282 secretary of state's tabulation, the secretary shall make the
8383 entries in the register necessary to make it correspond to the
8484 legislature's canvass.
8585 SECTION 7. Section 67.016(g), Election Code, is amended to
8686 read as follows:
8787 (g) This section does not apply to the offices of governor,
8888 [and] lieutenant governor, and speaker of the house of
8989 representatives.
9090 SECTION 8. Section 203.001, Election Code, is amended to
9191 read as follows:
9292 Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter
9393 applies to the offices of speaker of the house of representatives,
9494 state senator, and state representative.
9595 SECTION 9. If this Act takes effect as provided by Section
9696 10 of this Act:
9797 (1) the initial election for the office of speaker of
9898 the house of representatives as provided by the proposed
9999 constitutional amendment shall be held at the general election for
100100 state and county officers conducted in 2026; and
101101 (2) the secretary of state by order may extend the
102102 deadline for filing as a candidate for the office of speaker in
103103 connection with the initial election in 2026 as necessary to
104104 provide a period of at least five business days during which a
105105 candidate may file for election as speaker.
106106 SECTION 10. This Act takes effect when the constitutional
107107 amendment proposed by the 89th Legislature, Regular Session, 2025,
108108 providing for the statewide election of the speaker of the house of
109109 representatives by the voters of this state takes effect if that
110110 proposed amendment is approved by the voters. If that amendment is
111111 not approved by the voters, this Act has no effect.