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          AN ACT
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        relating to rules governing the allocation of delegates to a  | 
      
      
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        political party's national presidential nominating convention. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 191.007, Election Code, is amended to  | 
      
      
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        read as follows: | 
      
      
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               Sec. 191.007.  ALLOCATION OF DELEGATES.  (a)  Each political  | 
      
      
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        party holding a presidential primary election shall adopt a rule  | 
      
      
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        for allocating delegates [based on the results of the presidential 
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          primary election]. | 
      
      
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               (b)  A rule adopted under this section may utilize either a  | 
      
      
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        proportional or winner-take-all method, based on the results of the  | 
      
      
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        presidential primary election, which may be based on: | 
      
      
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                     (1)  a direct tie to statewide popular vote totals; | 
      
      
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                     (2)  a direct tie to congressional or state senatorial  | 
      
      
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        district popular vote totals; or | 
      
      
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                     (3)  an alternative disproportionate method that is  | 
      
      
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        based on statewide, congressional district, or state senatorial  | 
      
      
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        district popular vote totals. | 
      
      
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               (c)  Subsection (b) does not apply to delegates allocated: | 
      
      
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                     (1)  among party and elected officials; or | 
      
      
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                     (2)  through an allocation based on participants  | 
      
      
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        registering for or attending a caucus or similar process, provided  | 
      
      
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        that at [At] least 75 percent of the total number of delegates who  | 
      
      
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        are to represent this state at the party's national presidential  | 
      
      
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        nominating convention, excluding delegates allocated among party  | 
      
      
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        and elected officials, shall be allocated in accordance with the  | 
      
      
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        rule adopted under this section based on the results of the  | 
      
      
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        presidential primary election [among one or more of the candidates 
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          whose names appear on the presidential primary election ballot and, 
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          if applicable, the uncommitted status]. | 
      
      
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               SECTION 2.  This Act takes effect immediately if it receives  | 
      
      
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        a vote of two-thirds of all the members elected to each house, as  | 
      
      
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        provided by Section 39, Article III, Texas Constitution.  If this  | 
      
      
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        Act does not receive the vote necessary for immediate effect, this  | 
      
      
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        Act takes effect September 1, 2013. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I hereby certify that S.B. No. 1398 passed the Senate on  | 
      
      
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        April 15, 2013, by the following vote:  Yeas 30, Nays 0; and that  | 
      
      
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        the Senate concurred in House amendment on May 25, 2013, by the  | 
      
      
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        following vote:  Yeas 30, Nays 0. | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate     | 
      
      
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               I hereby certify that S.B. No. 1398 passed the House, with  | 
      
      
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        amendment, on May 22, 2013, by the following vote:  Yeas 141,  | 
      
      
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        Nays 4, two present not voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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        Approved: | 
      
      
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        ______________________________  | 
      
      
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                    Date | 
      
      
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        ______________________________  | 
      
      
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                  Governor |