Bill Text: TX HB1635 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the operation of political parties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-04-18 - Referred to State Affairs [HB1635 Detail]

Download: Texas-2023-HB1635-Comm_Sub.html
  88R20076 PRL-F
 
  By: Burrows H.B. No. 1635
 
  Substitute the following for H.B. No. 1635:
 
  By:  Smith C.S.H.B. No. 1635
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of political parties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 162.001, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A party official may not deny a person eligible to
  affiliate with a political party under Section 162.002 the ability
  to affiliate with the political party.
         SECTION 2.  Section 163.007, Election Code, is amended to
  read as follows:
         Sec. 163.007.  RULES ENFORCEABLE BY MANDAMUS.  A rule on
  electoral affairs is enforceable by writ of mandamus in the same
  manner as if the rule were a statute.  A rule on electoral affairs
  that conflicts with state or federal law is void and unenforceable. 
         SECTION 3.  Sections 172.0222(b) and (g), Election Code, are
  amended to read as follows:
         (b)  On the filing of an application for a place on the
  general primary election ballot, the authority with whom the
  application is filed shall review the application to determine
  whether it complies with state or federal law or with the
  requirements as to form, content, and procedure that it must
  satisfy for the candidate's name to be placed on the general primary
  election ballot.
         (g)  If an application does not comply with the [applicable]
  requirements described by Subsection (b), the authority shall
  reject the application and immediately deliver to the candidate
  written notice of the reason for the rejection.
         SECTION 4.  Section 172.082(b), Election Code, is amended to
  read as follows:
         (b)  The county chair or the county chair's designee shall
  conduct the drawing [unless the county executive committee provides
  by resolution that the drawing be conducted by the primary
  committee].
         SECTION 5.  Section 172.111(b), Election Code, is amended to
  read as follows:
         (b)  The county chair [executive committee] shall supervise
  the overall conduct of a primary election in each county.
         SECTION 6.  Section 173.033, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Notwithstanding any other provision of this chapter: 
               (1)  a primary fund may not be used to pay expenses
  incurred by a political party in connection with a primary election
  conducted by a political party that has authorized a party official
  to reject an application for a place on the primary election ballot
  or declare a candidate ineligible for any reason not specified
  under the laws of this state or federal law; and 
               (2)  any funds disbursed to the primary fund of a
  political party specified in Subdivision (1) shall be remitted to
  the secretary of state immediately on request and deposited in the
  state treasury for the financing of primary elections.
         SECTION 7.  Section 191.008(b), Election Code, is amended to
  read as follows:
         (b)  The rules may not be inconsistent with national party
  rules, this subchapter, or [with] rules adopted by the secretary of
  state under this subchapter.
         SECTION 8.  Sections 172.081 and 172.083, Election Code, are
  repealed.
         SECTION 9.  This Act takes effect September 1, 2023.
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