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  S.B. No. 1398
 
 
 
 
AN ACT
  relating to rules governing the allocation of delegates to a
  political party's national presidential nominating convention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 191.007, Election Code, is amended to
  read as follows:
         Sec. 191.007.  ALLOCATION OF DELEGATES.  (a)  Each political
  party holding a presidential primary election shall adopt a rule
  for allocating delegates [based on the results of the presidential
  primary election].
         (b)  A rule adopted under this section may utilize either a
  proportional or winner-take-all method, based on the results of the
  presidential primary election, which may be based on:
               (1)  a direct tie to statewide popular vote totals;
               (2)  a direct tie to congressional or state senatorial
  district popular vote totals; or
               (3)  an alternative disproportionate method that is
  based on statewide, congressional district, or state senatorial
  district popular vote totals.
         (c)  Subsection (b) does not apply to delegates allocated:
               (1)  among party and elected officials; or
               (2)  through an allocation based on participants
  registering for or attending a caucus or similar process, provided
  that at [At] least 75 percent of the total number of delegates who
  are to represent this state at the party's national presidential
  nominating convention, excluding delegates allocated among party
  and elected officials, shall be allocated in accordance with the
  rule adopted under this section based on the results of the
  presidential primary election [among one or more of the candidates
  whose names appear on the presidential primary election ballot and,
  if applicable, the uncommitted status].
         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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1398 passed the Senate on
  April 15, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1398 passed the House, with
  amendment, on May 22, 2013, by the following vote: Yeas 141,
  Nays 4, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor