Bill Text: TX HB1204 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to nonpartisan primary elections; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-02-26 - Referred to Elections [HB1204 Detail]

Download: Texas-2019-HB1204-Introduced.html

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86R4751 SRS-D
By: Anchia H.B. No. 1204

A BILL TO BE ENTITLED
AN ACT
relating to nonpartisan primary elections; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1.005(6) and (14), Election Code, are
amended to read as follows:
(6) "General election" means an election, other than a
primary election held by a political party under Chapter 172 or a
presidential primary election, that regularly recurs at fixed
dates.
(14) "Primary election" means, where the context
indicates, a general [an] election held [by a political party under
Chapter 172] to select candidates [its nominees] for public office,
and, unless the context indicates otherwise, the term includes an
election held by a political party under Chapter 172 to select party
officers and a presidential primary election.
SECTION 2. Section 13.122(a), Election Code, is amended to
read as follows:
(a) In addition to the other statements and spaces for
entering information that appear on an officially prescribed
registration application form, each official form must include:
(1) the statement: "I understand that giving false
information to procure a voter registration is perjury and a crime
under state and federal law.";
(2) a space for the applicant's registration number;
(3) a space for the applicant's Texas driver's license
number or number of a personal identification card issued by the
Department of Public Safety;
(4) a space for the applicant's telephone number;
(5) a space for the applicant's social security
number;
(6) a space for the applicant's sex;
(7) a statement indicating that the furnishing of the
applicant's telephone number and sex is optional;
(8) a space or box for indicating whether the
applicant or voter is submitting new registration information or a
change in current registration information;
(9) a statement instructing a voter who is using the
form to make a change in current registration information to enter
the voter's name and the changed information in the appropriate
spaces on the form;
(10) a statement that if the applicant declines to
register to vote, that fact will remain confidential and will be
used only for voter registration purposes;
(11) a statement that if the applicant does register
to vote, information regarding the agency or office to which the
application is submitted will remain confidential and will be used
only for voter registration purposes;
(12) a space or box for indicating whether the
applicant is interested in working as an election judge;
(13) a statement warning that a conviction for making
a false statement may result in imprisonment for up to the maximum
amount of time provided by law, a fine of up to the maximum amount
provided by law, or both the imprisonment and the fine;
(14) a space or box for indicating the applicant's
party affiliation or alignment, if any; and
(15) [(14)] any other voter registration information
required by federal law or considered appropriate and required by
the secretary of state.
SECTION 3. Section 31.032(a), Election Code, is amended to
read as follows:
(a) The position of county elections administrator is
filled by appointment of the county election commission, which
consists of:
(1) the county judge, as chair;
(2) the county clerk, as vice chair;
(3) the county tax assessor-collector, as secretary;
and
(4) the county chair of each political party that
holds a [made nominations by] primary election in the year [for the
last general election for state and county officers] preceding the
date of the meeting at which the appointment is made.
SECTION 4. Section 31.124(b), Election Code, is amended to
read as follows:
(b) A county election officer of each county shall deliver
written notice of the time and place of the meeting required by
Subsection (a) not later than 72 hours before the meeting date to
the county chair of each political party that made nominations in
the most recent presidential [by] primary election [for the general
election for state and county officers] preceding the date of the
meeting.
SECTION 5. Section 31.153(a), Election Code, is amended to
read as follows:
(a) The joint elections commission consists of:
(1) from each county that has adopted an order to have
its elections conducted by the joint elections administrator, the
county judge, county clerk, and county tax assessor-collector;
(2) from each county described in Subdivision (1), the
county chair of each political party that made nominations in the
most recent presidential [by] primary election [for the last
general election for state and county officers] preceding the date
of the meeting at which the appointment is made; and
(3) a representative from each participating entity
other than a county.
SECTION 6. Section 32.002(c), Election Code, is amended to
read as follows:
(c) The presiding judge and alternate presiding judge must
be affiliated or aligned with different political parties, subject
to this subsection. Before July of each year in a county to which
Subsection (a)(1) applies or before August of each year in a county
to which Subsection (a)(2) applies, the county chair of a political
party whose candidate for president [governor] received the highest
or second highest number of votes in the county in the most recent
presidential [gubernatorial] general election shall submit in
writing to the commissioners court a list of names of persons in
order of preference for each precinct who are eligible for
appointment as an election judge. The county chair may supplement
the list of names of persons until the 20th day before a general
election or the 15th day before a special election in case an
appointed election judge becomes unable to serve. The
commissioners court shall appoint the first person meeting the
applicable eligibility requirements from the list submitted in
compliance with this subsection by the party with the highest
number of votes in the precinct in the most recent presidential
general election as the presiding judge and the first person
meeting the applicable eligibility requirements from the list
submitted in compliance with this subsection by the party with the
second highest number of votes in the precinct as the alternate
presiding judge. If the candidates for president [governor] of two
political parties received the same number of votes in the
precinct, the first person meeting the applicable eligibility
requirements from the list submitted by the party whose candidate
for president [governor] received the highest number of votes in
the county shall be appointed as the presiding judge and the first
person meeting the applicable eligibility requirements from the
list submitted by the party whose candidate for president
[governor] received the second highest number of votes in the
county shall be appointed as the alternate presiding judge. The
commissioners court may reject the list if the persons whose names
are submitted on the list are determined not to meet the applicable
eligibility requirements.
SECTION 7. Sections 32.034(b) and (e), Election Code, are
amended to read as follows:
(b) The county chair of a political party whose candidate
for president [governor] received the highest or second highest
number of votes in the county in the most recent presidential
[gubernatorial] general election may, not later than the 25th day
before a general election or the 10th day before a special election
to which Subsection (a) applies, submit to a presiding judge a list
containing the names of at least two persons who are eligible for
appointment as a clerk. If a timely list is submitted, the presiding
judge shall appoint at least one clerk from the list, except as
provided by Subsection (c).
(e) If a presiding judge has not been appointed at the time
the county chair of a political party is required to submit a list
of names for the appointment of a clerk under this section, the list
of names shall be submitted to the county chair of the political
party whose candidate for president [governor] received the most
votes in the precinct in the most recent presidential
[gubernatorial] election and to the commissioners court. The
county chair, or the commissioners court in a county without a
county chair, shall appoint clerks from the list in the same manner
provided for a presiding judge to appoint clerks by this section.
SECTION 8. Sections 41.007(a) and (b), Election Code, are
amended to read as follows:
(a) The date for the general primary election and for a
primary election held by a political party under Chapter 172 [date]
is the first Tuesday in March in each even-numbered year.
(b) The runoff [primary] election date for a primary
election held by a political party under Chapter 172 is the fourth
Tuesday in May following the general primary election.
SECTION 9. Section 51.002(b), Election Code, is amended to
read as follows:
(b) For the general election for state and county officers
and for a special election for an officer regularly elected at the
general election, the county election board consists of the county
judge, county clerk, voter registrar, sheriff, and county chair of
each political party that holds a [required to nominate candidates
by] primary election. For other elections, the board consists of
the county judge, county clerk, voter registrar, and sheriff.
SECTION 10. Section 52.091(b), Election Code, is amended to
read as follows:
(b) Columns of parties specified by Subsection (a)(1) shall
be arranged in descending order of the number of votes received
statewide by each party's candidate for president [governor] in the
most recent presidential [gubernatorial] general election,
beginning on the left with the party whose candidate received the
highest number of votes. Columns of parties that did not have a
candidate for president [governor] in the most recent presidential
[gubernatorial] general election shall appear after the columns of
parties that had a candidate, and the order of their columns shall
be determined by a drawing conducted by the secretary of state.
SECTION 11. Section 85.062(e), Election Code, is amended to
read as follows:
(e) In an election covered by Subsection (d), a temporary
branch polling place that is movable may be established only with
the approval of the county clerk. If a movable temporary branch
polling place is established on the request of a political party,
each other political party whose nominee for president [governor]
in the most recent presidential [gubernatorial] general election
received more than 10 percent of the total number of votes received
by all candidates for president [governor] in the election is
entitled to establishment of such a polling place. The election
officers serving a polling place covered by this subsection must be
affiliated or aligned with different political parties to the
extent possible. The secretary of state, after consulting the state
chair of each affected political party, shall prescribe the
procedures necessary to implement this subsection.
SECTION 12. Sections 87.002(c) and (d), Election Code, are
amended to read as follows:
(c) In the general election for state and county officers,
each county chair of a political party with an affiliated candidate
[nominees] on the general election ballot shall submit to the
county election board a list of names of persons eligible to serve
on the early voting ballot board. The county election board shall
appoint at least one person from each list to serve as a member of
the early voting ballot board. The same number of members must be
appointed from each list.
(d) In addition to the members appointed under Subsection
(c), the county election board shall appoint the presiding judge
from the list provided under that subsection by the political party
whose nominee for president [governor] received the most votes in
the county in the most recent presidential [gubernatorial] general
election.
SECTION 13. Section 87.027(d), Election Code, is amended to
read as follows:
(d) The early voting clerk shall determine the number of
members who are to compose the signature verification committee and
shall state that number in the order calling for the committee's
appointment. A committee must consist of not fewer than five
members. In an election in which party alignment is indicated on the
ballot, each county chair of a political party with a nominee or
aligned candidate on the ballot shall submit to the appointing
authority a list of names of persons eligible to serve on the
signature verification committee. The authority shall appoint at
least two persons from each list to serve as members of the
committee. The same number of members must be appointed from each
list. The authority shall appoint the chair of the committee from
the list provided by the political party whose nominee for
president [governor] received the most votes in the county in the
most recent presidential [gubernatorial] general election. A
vacancy on the committee shall be filled by appointment from the
original list or from a new list submitted by the appropriate county
chair.
SECTION 14. Section 141.001(a), Election Code, is amended
to read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
(3) have not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) have not been finally convicted of a felony from
which the person has not been pardoned or otherwise released from
the resulting disabilities;
(5) have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for a [an independent] candidate for office
in an election where candidates are not nominated by primary
election, the date of the regular filing deadline for a candidate's
application for a place on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made;
(6) on the date described by Subdivision (5), be
registered to vote in the territory from which the office is
elected; and
(7) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 15. Subchapter A, Chapter 141, Election Code, is
amended by adding Sections 141.005 and 141.006 to read as follows:
Sec. 141.005. PRIMARY ELECTION REQUIRED. (a) Except as
otherwise provided by this code, candidates in the general election
for offices of state and county government and the United States
Congress must be chosen by primary election as provided by this
code.
(b) All eligible voters may vote in a primary election
described by this section without regard to political party
alignment.
(c) A political party or state executive committee may not
nominate candidates in the general election for offices of state
and county government and the United States Congress. This
subsection may not be interpreted to prohibit a political party or
state executive committee from endorsing, supporting, or opposing
those candidates.
(d) The secretary of state shall adopt rules to implement
this section.
Sec. 141.006. DETERMINATION OF CANDIDATES FOR GENERAL
ELECTION. (a) Notwithstanding any other provision of this code,
the two candidates who receive the highest and second highest
number of votes in a primary election held to choose candidates for
the general election for offices of state and county government and
the United States Congress are the candidates for that election.
(b) The secretary of state shall adopt rules to implement
this section.
SECTION 16. Subchapter B, Chapter 141, Election Code, is
amended by adding Section 141.030 to read as follows:
Sec. 141.030. APPLICATION REQUIRED. (a) To be entitled to
a place on the general primary election ballot under Section
141.005, a candidate must make an application for a place on the
ballot.
(b) An application must, in addition to complying with
Section 141.031, be accompanied by the appropriate filing fee or a
petition in lieu of the filing fee that satisfies the requirements
prescribed by Section 141.062.
(c) A candidate may indicate the candidate's party
affiliation or alignment, if any, on the application.
(d) An application filed by mail is considered to be filed
at the time of its receipt by the appropriate authority.
(e) The circulation of a petition to be filed under this
subchapter in connection with a candidate's application for a place
on the ballot does not constitute candidacy or an announcement of
candidacy for purposes of the automatic resignation provisions of
Section 65, Article XVI, or Section 11, Article XI, Texas
Constitution.
(f) A candidate for an office specified by Section
141.0315(a)(8), (10), or (12), or for justice of the peace in a
county with a population of more than 1.5 million, who chooses to
pay the filing fee must also accompany the application with a
petition for a place on the primary ballot as a candidate for
judicial office that complies with the requirements prescribed for
the petition authorized by Subsection (b), except that the minimum
number of signatures that must appear on the petition required by
this subsection is 250. If the candidate chooses to file the
petition authorized by Subsection (b) in lieu of the filing fee, the
minimum number of signatures required for that petition is
increased by 250. Signatures on a petition filed under this
subsection or Subsection (b) by a candidate covered by this
subsection may not be obtained on the grounds of a county courthouse
or courthouse annex.
(g) A candidate for the office of chief justice or justice,
supreme court, or presiding judge or judge, court of criminal
appeals, who chooses to pay the filing fee must also accompany the
application with a petition that complies with the requirements
prescribed for a petition authorized by Subsection (b), except that
the minimum number of signatures that must appear on the petition
required by this subsection is 50 from each court of appeals
district.
SECTION 17. Section 172.024, Election Code, is transferred
to Subchapter B, Chapter 141, Election Code, and redesignated as
Section 141.0315, Election Code, to read as follows:
Sec. 141.0315 [172.024]. FILING FEE. (a) The filing fee
for a candidate for nomination in the general primary election is as
follows:
(1) United States senator$5,000
(2) office elected statewide, except United States
senator3,750
(3) United States representative3,125
(4) state senator1,250
(5) state representative750
(6) member, State Board of Education300
(7) chief justice or justice, court of appeals, other
than a justice specified by Subdivision (8)1,875
(8) chief justice or justice of a court of appeals that
serves a court of appeals district in which a county with a
population of more than one million is wholly or partly
situated2,500
(9) district judge or judge specified by Section
52.092(d) for which this schedule does not otherwise prescribe a
fee1,500
(10) district or criminal district judge of a court in
a judicial district wholly contained in a county with a population
of more than 1.5 million2,500
(11) judge, statutory county court, other than a judge
specified by Subdivision (12)1,500
(12) judge of a statutory county court in a county with
a population of more than 1.5 million2,500
(13) district attorney, criminal district attorney,
or county attorney performing the duties of a district
attorney1,250
(14) county commissioner, district clerk, county
clerk, sheriff, county tax assessor-collector, county treasurer,
or judge, constitutional county court:
(A) county with a population of 200,000 or
more1,250
(B) county with a population of under
200,000750
(15) justice of the peace or constable:
(A) county with a population of 200,000 or
more1,000
(B) county with a population of under
200,000375
(16) county surveyor75
(17) office of the county government for which this
schedule does not otherwise prescribe a fee750
(b) If a fee prescribed by Subsection (a) is declared
invalid by a final judgment of a court, the secretary of state shall
prescribe a filing fee consistent with the judgment to replace the
invalidated fee.
SECTION 18. Subchapter B, Chapter 141, Election Code, is
amended by adding Section 141.0316 to read as follows:
Sec. 141.0316. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on the petition
authorized by Section 141.030(b) is:
(1) 5,000, for a statewide office; or
(2) for a district, county, or precinct office, the
lesser of:
(A) 500; or
(B) two percent of the total vote received in the
district, county, or precinct, as applicable, by all the candidates
for governor in the most recent gubernatorial general election,
unless that number is under 50, in which case the required number of
signatures is the lesser of:
(i) 50; or
(ii) 20 percent of that total vote.
SECTION 19. Section 141.039, Election Code, is amended to
read as follows:
Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to
the other statements and spaces for entering information that
appear on an officially prescribed form for an application for a
place on the ballot, each official form for an application that a
candidate is required to file under this code must include:
(1) a space for indicating the form in which the
candidate's name is to appear on the ballot;
(2) a space for the candidate's public mailing
address;
(3) spaces for the candidate's home and office
telephone numbers and e-mail address at which the candidate
receives correspondence relating to the candidate's campaign;
[and]
(4) a statement informing candidates that the
furnishing of the telephone numbers is optional; and
(5) in an election where nominating partisan
candidates is authorized, space for the candidate to list a party
affiliation.
SECTION 20. Section 141.070(a), Election Code, is amended
to read as follows:
(a) If, since the most recent presidential [gubernatorial]
general election, a district or precinct from which an officer of
the federal, state, or county government is elected is created or
has had its boundary changed, the number of votes received in the
district or precinct by a political party's presidential
[gubernatorial] candidate or by all the presidential
[gubernatorial] candidates shall be estimated, as provided by this
section, for the purpose of computing the number of signatures
required on a candidate's petition.
SECTION 21. Section 145.001(e), Election Code, is amended
to read as follows:
(e) This section does not apply to a candidate:
(1) for president or vice-president of the United
States; or
(2) chosen by general primary election.
SECTION 22. Sections 145.003(b) and (h), Election Code, are
amended to read as follows:
(b) A candidate in the general election for state and county
officers may be declared ineligible before the 30th day preceding
election day by[:
[(1) the party officer responsible for certifying the
candidate's name for placement on the general election ballot, in
the case of a candidate who is a political party's nominee; or
[(2)] the authority with whom the candidate's
application for a place on the ballot is required to be filed[, in
the case of an independent candidate].
(h) If a candidate is declared ineligible [after the
deadline for omitting an ineligible candidate's name from the
ballot], the authority making the declaration shall promptly
certify in writing the declaration of ineligibility to the
canvassing authority for the election.
SECTION 23. The heading to Subchapter D, Chapter 145,
Election Code, is amended to read as follows:
SUBCHAPTER D. CANDIDATE IN ELECTION IN WHICH CANDIDATES ARE NOT
CHOSEN BY [OTHER THAN] GENERAL PRIMARY ELECTION [FOR STATE AND
COUNTY OFFICERS]
SECTION 24. Section 146.0231(a), Election Code, is amended
to read as follows:
(a) The filing fee for a write-in candidate is the amount
prescribed by Section 141.0315 [172.024] for a candidate [for
nomination] for the same office in a general primary election.
SECTION 25. Section 146.0232, Election Code, is amended to
read as follows:
Sec. 146.0232. NUMBER OF PETITION SIGNATURES REQUIRED. The
minimum number of signatures that must appear on the petition
authorized by Section 146.023(b) is the number prescribed by
Section 141.0316 [172.025] to appear on a petition of a candidate
[for nomination] for the same office in a general primary election.
SECTION 26. Chapter 161, Election Code, is amended by
adding Section 161.0035 to read as follows:
Sec. 161.0035. PARTY PRIMARY ELECTIONS. In this title, any
reference to a general primary election, primary election, or
nominating convention means an election or convention restricted to
the selection of:
(1) party officers; or
(2) a party's nominees for president or
vice-president.
SECTION 27. Section 163.006(d), Election Code, is amended
to read as follows:
(d) Before January 15 of each year in which political
parties hold precinct conventions under this title, the secretary
of state shall deliver written notice of the requirements of this
section to the state chair of each party that had a nominee for
president or vice-president [a statewide or district office] on the
most recent general election ballot.
SECTION 28. The heading to Subtitle B, Title 10, Election
Code, is amended to read as follows:
SUBTITLE B. PARTIES SELECTING PARTY OFFICERS [NOMINATING] BY
PRIMARY ELECTION
SECTION 29. Section 172.002(c), Election Code, is amended
to read as follows:
(c) For a political party to be entitled to hold a primary
election [under this section], the state chair, not later than one
year before general election day, must deliver written notice to
the secretary of state that the party will hold a primary election
in the general election year.
SECTION 30. Section 172.021(e), Election Code, is amended
to read as follows:
(e) A candidate for an office specified by Section
141.0315(a)(8) [172.024(a)(8)], (10), or (12), or for justice of
the peace in a county with a population of more than 1.5 million,
who chooses to pay the filing fee must also accompany the
application with a petition for a place on the primary ballot as a
candidate for judicial office that complies with the requirements
prescribed for the petition authorized by Subsection (b), except
that the minimum number of signatures that must appear on the
petition required by this subsection is 250. If the candidate
chooses to file the petition authorized by Subsection (b) in lieu of
the filing fee, the minimum number of signatures required for that
petition is increased by 250. Signatures on a petition filed under
this subsection or Subsection (b) by a candidate covered by this
subsection may not be obtained on the grounds of a county courthouse
or courthouse annex.
SECTION 31. Section 172.061(a), Election Code, is amended
to read as follows:
(a) Except for Section [Sections 172.058(b),] 172.059(c),
[and 172.060(b),] this subchapter applies to a candidate for county
chair or precinct chair.
SECTION 32. Section 172.088(e), Election Code, is amended
to read as follows:
(e) The minimum number of signatures that must appear on the
petition is five percent of the total vote received by all
candidates for president [governor] in the party's most recent
presidential [gubernatorial] general primary election.
SECTION 33. Section 172.089, Election Code, is amended to
read as follows:
Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party
offices of county chair and precinct chair shall be listed on the
primary election ballot after the candidates for the presidential
and vice-presidential nomination [public offices] with the office
of county chair listed first.
SECTION 34. Section 172.112, Election Code, is amended to
read as follows:
Sec. 172.112. WRITE-IN VOTING. Write-in voting in a
primary election is [not] permitted only for the offices of county
chair and precinct chair.
SECTION 35. Section 172.126(b), Election Code, is amended
to read as follows:
(b) The county clerk shall determine whether to consolidate
election precincts under Section 42.009 and shall designate the
location of the polling place in a consolidated precinct. To the
extent possible, a polling place shall be designated that will
accommodate the precinct conventions of each political party. [If a
polling place, whether for a regular or consolidated precinct, is
not suitable for more than one precinct convention, the polling
place may be used by the party whose candidate for governor received
the most votes in the county in the most recent gubernatorial
general election.]
SECTION 36. Section 173.083(d), Election Code, is amended
to read as follows:
(d) The final installment may not be paid until a report is
filed in compliance with Section 173.084 [and, in the case of a
county chair, a report is also filed in compliance with Section
172.124]. On the filing of the report, the secretary of state shall
calculate the amount of the final installment and prepare and
deliver to the comptroller of public accounts a certified statement
indicating that amount and the appropriate county or state chair's
name.
SECTION 37. Section 191.001, Election Code, is amended to
read as follows:
Sec. 191.001. PARTIES REQUIRED TO HOLD PRESIDENTIAL PRIMARY
ELECTION. To be entitled to have its nominees for president and
vice-president of the United States placed on the general election
ballot in a particular presidential election year, a political
party must hold a presidential primary election in this state if:
(1) [in the presidential election year, the party is
required by this code to nominate its candidates for state and
county offices by primary election;
[(2)] a presidential primary election is authorized
under national party rules; and
(2) [(3)] before January 1 of the presidential
election year, the national party has determined that it will hold a
national presidential nominating convention that year.
SECTION 38. The heading to Section 191.031, Election Code,
is amended to read as follows:
Sec. 191.031. NATIONAL PRESIDENTIAL NOMINATING CONVENTION
[PARTY HOLDING PRIMARY ELECTION].
SECTION 39. Sections 191.031(a) and (b), Election Code, are
amended to read as follows:
(a) If a political party [holding a primary election in a
presidential election year] desires to send delegates to a national
presidential nominating convention of the party, the party shall
select the delegates at a state convention convened on a date
adopted by the state executive committee occurring in the
presidential election year. [Before the date of the party's
precinct conventions held under Chapter 174, the party's state
executive committee shall choose the date, hour, and place for the
state convention.]
(b) The state convention shall consist of delegates
selected at the party's county and senatorial district conventions
[held under Chapter 174].
SECTION 40. Section 202.004(a), Election Code, is amended
to read as follows:
(a) A candidate [political party's nominee] for an
unexpired term must be chosen [nominated] by primary election if[:
[(1) the political party is making nominations by
primary election for the general election in which the vacancy is to
be filled; and
[(2)] the vacancy occurs on or before the fifth day
before the date of the regular deadline for candidates to file
applications for a place on the general primary ballot.
SECTION 41. Section 203.005(b), Election Code, is amended
to read as follows:
(b) An application must, in addition to complying with
Section 141.031:
(1) state the political party with which the candidate
is aligned or, if the candidate is not aligned with a party, state
that fact; and
(2) be accompanied by:
(A) a filing fee in the amount prescribed by
Section 141.0315 [172.024] for a candidate for [nomination for] the
same office in a general primary election; or
(B) a petition that satisfies the requirements
prescribed by Section 141.062.
SECTION 42. Section 257.005(a), Election Code, is amended
to read as follows:
(a) Except as provided by this section, the following are
subject to the requirements of this title that apply to a candidate
for public office:
(1) a candidate for state chair of a political party
with an affiliated candidate [a nominee] on the ballot in the most
recent gubernatorial general election; and
(2) a candidate for election to the office of county
chair of a political party with an affiliated candidate [a nominee]
on the ballot in the most recent gubernatorial general election if
the county has a population of 350,000 or more.
SECTION 43. The following provisions are repealed:
(1) Subtitle C, Title 10, Election Code;
(2) Chapter 142, Election Code;
(3) Subchapters B and C, Chapter 145, Election Code;
(4) Sections 161.008, 162.015, 162.016, 172.001,
172.117, 172.121, 172.122, 172.123, 172.124, 191.032, 202.005,
202.006, 202.007, 204.004, and 232.046, Election Code;
(5) Sections 172.002(a), 172.058(b), and 172.060(b),
Election Code; and
(6) Section 572.027(d), Government Code.
SECTION 44. This Act takes effect September 1, 2019.