HBA-NMO H.B. 61 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 61
By: Greenberg
Elections
3/3/1999
Introduced




BACKGROUND AND PURPOSE

Currently, the Texas primary election is held in March of each election
year.  The date was changed from May to March by the 69th Texas Legislature
enabling Texas to participate with various other states in a "Super Tuesday
" primary date in the 1988 and subsequent elections.  The purpose of the
move was to increase the state's influence in selecting presidential
candidates.  However, this move may have contributed to a decrease in voter
turnout in Texas and an increase in costs of political campaigns.  H.B. 61
moves the primary election back to May, and makes other related changes to
the Election Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001(a), Election Code, to require that
general or special elections be held, among a list of three other possible
specified dates, on the fourth Saturday in March, rather than the first
Saturday in May. 

SECTION 2.  Amends Section 41.0052(a), Election Code, to authorize a
political subdivision other than a county to change the date on which it
holds its general election to another authorized date, if the change is
made no later than December 31, 1999, rather than 1997.  Prohibits an
election on the new date from being held before 2000, rather than 1998. 

SECTION 3.  Amends Sections 41.007(a), (b), and (c), Election Code, to
provide that the general primary election date is the second Saturday in
May, rather than the second Tuesday in March, in each even-numbered year.
Provides that the runoff primary election date is the second Saturday in
June, rather than the second Tuesday in April.  Provides that the
presidential primary election date is the second Saturday in May, rather
than the second Tuesday in March. 

SECTION 4.  Amends Sections 43.033(a), Election Code, to authorize a
reasonable reimbursement charge to be made for the use of a public building
for a polling place, if the election day is a day the building is not
normally open for business.  Prohibits a rental charge from being made for
the use of the building in the election. 

SECTION 5.  Amends Section 172.023(a), Election Code, to provide that an
application for a place on the general primary election ballot must be
filed no later than 6 p.m. on the last Monday in February, rather than
January 2, in the primary election year, unless the filing deadline is
extended.  

SECTION 6.  Amends Section 172.052(a), Election Code, to prohibit a
candidate for nomination from withdrawing from the general primary election
after the 64th, rather than 62nd, day before general primary election day. 

SECTION 7.  Amends Section 172.054(a), Election Code, to make conforming
changes. 

 SECTION 8.  Amends Section 172.055, Election Code, by adding Subsection
(e) as follows: 

(e) Provides that Section 1.006, Election Code, does not apply to this
section.  Section 1.006 provides that if the deadline for a certain action
falls on a weekend or holiday, the 12/18/1998 by the Election Code. 

SECTION 9.  Amends Section 172.057, Election Code, to make a conforming
change. 

SECTION 10.  Amends Section 172.058(a), Election Code, to make a conforming
change. 

SECTION 11.  Amends Section 172.116(b), Election Code, to require the
county executive committee to convene to conduct the local canvass at the
county seat not earlier than 6 p.m. on the first Monday, rather than
Thursday, or later than 1 p.m. on the first Tuesday, rather than Friday,
after election day at the hour specified by the county chair. 

SECTION 12.  Amends Section 172.120(b), Election Code, to require the state
executive committee to convene to conduct the state canvass for the general
primary election on the second Monday, rather than Wednesday, after general
primary election day. 

SECTION 13.  Amends Section 174.063(a), Election Code, to require the
county and senatorial district conventions be held on the first, rather
than third, Saturday after general primary election day. Deletes language
referring to Passover and the day after Good Friday.  

SECTION 14.  Amends Section 181.0041, Election Code, to provide that a
political party that plans to make nominations for the general election of
state and county officers must register with the secretary of state not
later than the regular filing deadline for candidates for the general
primary election, rather than January 2 of the election year.  

SECTION 15.  Amends Section 181.033(a), Election Code, to make a conforming
change. 

SECTION 16.  Amends Section 181.061(b) and (c), Election Code, to provide
that a party nominating by convention must make its nominations for offices
of districts situated in more than one county at district conventions held
on the second Saturday after general primary election day, rather than the
second Tuesday in March.  Makes conforming changes. 

SECTION 17.  Amends Section 182.005, Election Code, to make conforming
changes. 

SECTION 18.  Amends Section 192.032(c), Election Code, to provide that an
independent presidential candidate's application for a place on the general
election ballot must be filed with the secretary of state not later than
the second Monday in July, rather than May, of the presidential election
year. 

SECTION 19.  Amends Section 202.004(a), Election Code, to make a conforming
change. 

SECTION 20.  Amends Section 202.006(a), Election Code, to make a conforming
change. 

SECTION 21.  Amends Section 204.003, Election Code, to make a conforming
change. 

SECTION 22.  Amends Section 204.005, Election Code, to make a conforming
change. 

SECTION 23.  Provides that the term of a person serving as a county or
precinct chair of a political party on the effective date of this Act ends
on the 20th day after the second Saturday in June 2000. 

SECTION 24.  Effective date:  September 1, 1999.

SECTION 25.  Emergency clause.