Bill Text: TX HB3080 | 2015-2016 | 84th Legislature | Introduced


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-03-23 - Referred to Elections [HB3080 Detail]

Download: Texas-2015-HB3080-Introduced.html
  84R118 JRJ-D
 
  By: Anchia H.B. No. 3080
 
 
 
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; and
               (6)  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 mailing address;
               (3)  spaces for the candidate's home and office
  telephone numbers and e-mail address; [and]
               (4)  a statement informing candidates that the
  furnishing of the telephone numbers or e-mail address 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 172.061(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 31.  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 32.  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 33.  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 [except in the general
  primary election] for the offices of county chair and precinct
  chair.
         SECTION 34.  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 35.  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 36.  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 37.  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 38.  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 39.  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 40.  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 41.  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 42.  The following provisions of the Election Code
  are repealed:
               (1)  Subtitle C, Title 10;
               (2)  Chapter 142;
               (3)  Subchapters B and C, Chapter 145;
               (4)  Sections 145.002, 161.008, 162.015, 162.016,
  172.001, 172.117, 172.119, 172.121, 172.122, 172.123, 172.124,
  191.032, 202.005, 202.006, 202.007, 204.004, and 232.046; and
               (5)  Sections 172.002(a), 172.021(e) and (g),
  172.058(b), 172.060(b), and 172.084(c), (d), and (e).
         SECTION 43.  This Act takes effect September 1, 2015.
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