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                                                                  H.B. No. 3162




AN ACT

relating to the temporary replacement of a member of a political 
party's county executive committee who enters active military 
service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 171, Election Code, is 
amended by adding Section 171.0251 to read as follows:
	Sec. 171.0251.  TEMPORARY REPLACEMENT OF COMMITTEE MEMBER IN 
MILITARY.  (a)  In this section, "armed forces of the United States" 
means the United States Army, the United States Navy, the United 
States Air Force, the United States Marine Corps, the United States 
Coast Guard, any reserve or auxiliary component of any of those 
services, or the National Guard.
	(b)  A member of the county executive committee who enters 
active duty in the armed forces of the United States as a result of 
being called to duty, drafted, or activated does not vacate the 
office held, but the committee member may appoint a replacement to 
serve as a temporary acting officer if the committee member will be 
unable to fulfill the member's duties, due to the member's 
obligations to the armed forces of the United States.
	(c)  The temporary acting officer appointed as provided by 
Subsection (b) must be:
		(1)  a member of the same political party as the 
committee member being temporarily replaced; and
		(2)  qualified for office under Section 161.005.                       
	(d)  The temporary acting officer appointed as provided by 
Subsection (b) has all the powers, privileges, and duties of the 
office and is entitled to the same compensation, payable in the same 
manner and from the same source, as the member of the county 
executive committee who is temporarily replaced.
	(e)  The temporary acting officer appointed as provided by 
Subsection (b) shall perform the duties of the committee member 
until the earlier of:
		(1)  the date the active military service of the 
committee member who is temporarily replaced ends; or
		(2)  the date the term of office of the committee member 
who is temporarily replaced expires.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 3162 was passed by the House on May 9, 
2005, by the following vote:  Yeas 145, Nays 0, 2 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 3162 on May 27, 2005, by the following vote:  Yeas 141, Nays 0, 
2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 3162 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor