85R25928 ADM-D
 
  By: Dutton H.B. No. 137
 
  Substitute the following for H.B. No. 137:
 
  By:  Laubenberg C.S.H.B. No. 137
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to filling certain vacancies in nomination by special
  primary election.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 145.036, Election Code,
  is amended to read as follows:
         Sec. 145.036.  FILLING VACANCY IN NOMINATION: GENERAL RULE.
         SECTION 2.  Section 145.036(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b), if a candidate's
  name is to be omitted from the ballot under Section 145.035 and
  Section 145.0361 does not apply, the political party's state,
  district, county, or precinct executive committee, as appropriate
  for the particular office, may nominate a replacement candidate to
  fill the vacancy in the nomination.
         SECTION 3.  Subchapter B, Chapter 145, Election Code, is
  amended by adding Section 145.0361 to read as follows:
         Sec. 145.0361.  FILLING VACANCY IN NOMINATION CAUSED BY
  DEATH OF CANDIDATE IN UNOPPOSED RACE. (a) If a candidate's name is
  to be omitted from the ballot under Section 145.035 because of the
  candidate's death and the candidate would have been unopposed in
  the general election, the political party shall conduct a special
  primary election in accordance with Section 172.005 to fill the
  vacancy in the party's nomination of a candidate for the general
  election.
         (b)  A special primary election held to fill a vacancy in a
  nomination under this section shall be ordered by:
               (1)  the state chair of the political party if the
  vacancy in nomination is for a statewide or district office; or
               (2)  the county chair of the political party if the
  vacancy in nomination is for a county or precinct office.
         SECTION 4.  Sections 145.037(a), (c), and (e), Election
  Code, are amended to read as follows:
         (a)  For the name of a replacement nominee to be placed on the
  general election ballot, the chair of the executive committee
  making the replacement nomination or ordering the special primary
  election must certify in writing the nominee's name for placement
  on the ballot as provided by this section.
         (c)  In addition to the name of the replacement nominee, the
  certification must include:
               (1)  the replacement nominee's residence address and
  mailing address, if different from the residence address;
               (2)  the name of the original nominee;
               (3)  the office sought, including any place number or
  other distinguishing number;
               (4)  the cause of the vacancy;
               (5)  the date and result of the special primary
  election or an identification of the executive committee making the
  replacement nomination, as applicable; and
               (6)  the date of the replacement nomination, if
  applicable.
         (e)  The certification must be delivered not later than 5
  p.m. of the 71st day before election day or as soon as practicable
  after that time.
         SECTION 5.  Section 145.038(a), Election Code, is amended to
  read as follows:
         (a)  If a political party's district executive committee is
  required [fails] to nominate a replacement candidate to fill a
  vacancy in a nomination for a district office under Section 145.036
  and fails to do so, the state executive committee may nominate a
  candidate to fill the vacancy.
         SECTION 6.  Section 171.054(e), Election Code, is amended to
  read as follows:
         (e)  For the purposes of filling a vacancy in a nomination
  under Section 145.036, the state chair shall canvass the votes of
  the district executive committee when meeting separately in each
  county and make the certification required by Section 145.037.
         SECTION 7.  Subchapter A, Chapter 172, Election Code, is
  amended by adding Section 172.005 to read as follows:
         Sec. 172.005.  SPECIAL PRIMARY ELECTION. (a) The state
  executive committee of each political party holding a primary
  election shall adopt rules for the holding of a special primary
  election to fill a vacancy in a nomination under Section 145.0361.
  To the extent possible, the rules shall incorporate the provisions
  of this chapter and shall provide for a ranking system of candidates
  so that the majority vote requirement can be met through a single
  election.
         (b)  A special primary election is not subject to the
  requirements of Section 41.001(a).
         SECTION 8.  This Act takes effect September 1, 2017.