reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.032. State Primary Fund

Sec. 173.032.  STATE PRIMARY FUND.  (a)  A state primary fund is created for the state executive committee of each political party holding a primary election.
(b)  The state primary fund consists of:
(1)  the filing fees required to be deposited in the fund under Subchapter C;
(2)  the state funds paid to the state chair under Subchapter D;
(3)  the contributions to the state executive committee for the purpose of defraying primary election expenses;  and
(4)  the income earned by the fund.
(c)  The state chair may, with the consent of the secretary of state and the county chair or county executive committee, if one exists for the county, accept money into the state primary fund on behalf of a county party.  The state chair must keep records to track the money that is attributable to a county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 159, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 51, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 33, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.033. Use of Primary Fund

Sec. 173.033.  USE OF PRIMARY FUND.  (a)  The county primary fund shall be used to pay expenses incurred by the county chair in connection with a primary election.
(b)  The state primary fund shall be used to pay expenses incurred by the state chair in connection with a primary election.
(c)  A primary fund may not be used for any other purpose, except as provided by Section 173.032(c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 160, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 52, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.034. Managing Primary Fund

Sec. 173.034.  MANAGING PRIMARY FUND.  (a)  The county chair shall manage the county primary fund.
(b)  The state chair shall manage the state primary fund.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 53, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.0341. State Chair as Fiscal Agent for County Party

Sec. 173.0341.  STATE CHAIR AS FISCAL AGENT FOR COUNTY PARTY.  (a)  A state chair, or the designee of a state chair, may enter into an agreement with a county chair under which the state chair will act as a fiscal agent for the county party.
(b)  The secretary of state shall prescribe the form of an agreement under this section.
(c)  If the state chair acts as the fiscal agent for a county party in accordance with an agreement under this section:
(1)  the state chair shall deliver the completed agreement to the secretary of state;
(2)  any filing fee received by the county party under Subchapter C must be made payable to the state party for deposit in the state primary fund not later than five days after receipt of the filing fee;
(3)  the county chair or county executive committee shall make a request in accordance with Section 31.093 to enter into a contract with the county elections administrator to conduct primary elections in the county; and
(4)  Section 173.031 does not apply to the county party.
Added by Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 34, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.035. Audit by Secretary of State

Sec. 173.035.  AUDIT BY SECRETARY OF STATE.  (a)  The secretary of state may have a primary fund audited at any time.
(b)  The expenses of an audit under this section shall be paid from funds appropriated for the administration of primary elections.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 173.036 and amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter B. Primary Fund › Section 173.036. State Funds for Audit Requested by Party

Sec. 173.036.  STATE FUNDS FOR AUDIT REQUESTED BY PARTY.  (a)  The secretary of state may approve an expenditure of state funds for an audit of:
(1)  the state primary fund or a county primary fund on request of the state chair; or
(2)  a county primary fund on request of a county chair.
(b)  On receipt of written certification of the amount approved by the secretary of state for an audit, the comptroller of public accounts shall issue a warrant for that amount payable to the state or county chair making the request.
(c)  An audit conducted with state funds approved under this section is subject to the conditions imposed by the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Renumbered from Election Code Sec. 173.037 and amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(d), eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 161, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 54, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter C. Disposition of Filing Fees › Section 173.061. Fee Paid to County Chair

Sec. 173.061.  FEE PAID TO COUNTY CHAIR.  Except as provided by Section 173.0341(c)(2), the county chair shall deposit in the county primary fund each filing fee accompanying an application for a place on the ballot filed with the county chair.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 162, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 35, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter C. Disposition of Filing Fees › Section 173.062. Fee Paid to State Chair for District Offices Remitted to Secretary of State

Sec. 173.062.  FEE PAID TO STATE CHAIR FOR DISTRICT OFFICES REMITTED TO SECRETARY OF STATE.  (a)  The filing fee for a district office accompanying an application for a place on the ballot filed with the state chair during the regular filing period shall be remitted to the secretary of state and deposited in the state treasury for the financing of primary election expenses.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 64(5), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 64(5), eff. September 1, 2017.
(d)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 64(5), eff. September 1, 2017.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 163, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 55, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 56, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 64(5), eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter C. Disposition of Filing Fees › Section 173.063. Fee Retained by State Chair

Sec. 173.063.  FEE RETAINED BY STATE CHAIR.  The state chair shall deposit in the state primary fund each filing fee accompanying an application for a place on the ballot filed with the state chair:
(1)  for a statewide office;  or
(2)  for a district office if the application is filed after the regular filing deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 164, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.081. Statement of Estimated Primary Expenses

Sec. 173.081.  STATEMENT OF ESTIMATED PRIMARY EXPENSES.
(a)  Regardless of whether state funds are requested for paying primary expenses, a state or county chair shall submit to the secretary of state a written statement of estimated expenses to be incurred by the chair in connection with a primary election.
(b)  The statement must:
(1)  contain an itemized estimate, prepared by the authority submitting the statement, of the primary expenses to be incurred and a statement by the authority of whether state funds are requested;  and
(2)  be sworn to by the authority submitting the statement.
(c)  A statement for a general primary election must also:
(1)  state the amount of:
(A)  the primary candidates' filing fees required to be deposited in the county primary fund if the statement is submitted by a county chair, or in the state primary fund if the statement is submitted by the state chair, that have been received by the authority submitting the statement; and
(B)  the contributions to the county chair or executive committee if the statement is submitted by a county chair, or to the state chair or executive committee if the statement is submitted by the state chair, that:
(i)  are for the purpose of defraying primary election expenses; and
(ii)  have not been included in a report filed under Section 173.084 for a previous primary election year; and
(2)  be submitted not later than the 45th day before general primary election day.
(d)  The information required by Subsection (c)(1) must be current as of the 10th day after the date of the regular filing deadline for a candidate's application for a place on the primary ballot.
(e)  A statement for a runoff primary election must be submitted not later than the 10th day after general primary election day.
(f)  A statement submitted by a county chair must also include a notice of the county election precincts to be consolidated for the election, if any.
(g)  The state chair of a party, or the state chair's designee, may submit a statement under this section on behalf of a county chair if the county chair:
(1)  requests the state chair to submit the statement on the county chair's behalf; or
(2)  fails to submit the statement by the deadline.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 114, Sec. 14, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 864, Sec. 166, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 57, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.082. Review of Statement; Approval; Notice

Sec. 173.082.  REVIEW OF STATEMENT;  APPROVAL;  NOTICE.  (a)  On receipt of a statement of estimated primary election expenses, the secretary of state shall review the statement to determine which items of estimated expense and the amounts of those items to approve.
(b)  The secretary of state shall approve an item of estimated expense if the secretary determines that it is reasonably necessary for the proper holding of the primary election.  If the secretary determines that the entire estimated amount of the item is not reasonably necessary, the secretary shall approve the item in the reduced amount that the secretary determines is appropriate.
(c)  The secretary of state shall promptly notify the authority submitting the statement of each item of estimated expense not approved or approved in a reduced amount.
(d)  An item or part of an item of estimated primary election expense that is not approved by the secretary of state may not be paid with primary funds.
(e)  Expenses incurred in connection with an application for a place on the ballot for the office of precinct chair filed before the 30th day before the date of the regular filing deadline may not be paid with state funds.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(e), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 167, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.0831. State Payment of Start-Up Primary Funds

Sec. 173.0831.  STATE PAYMENT OF START-UP PRIMARY FUNDS.  (a)  Not later than the 30th day before the beginning date of the regular filing period for public offices in the general primary election, a county chair may submit to the secretary of state a written statement of estimated primary election expenses.
(b)  Not later than the 10th day after the date the statement is received, the secretary of state shall have disbursed to the county chair start-up funds in an amount equal to 10 percent of the amount approved for and expended by the county chair and executive committee in the preceding general primary election.
Added by Acts 1993, 73rd Leg., ch. 728, Sec. 68, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 169, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.0832. Direct Repayment to Authority Conducting Primary Election Under Contract in Certain Counties

Sec. 173.0832.  DIRECT REPAYMENT TO AUTHORITY CONDUCTING PRIMARY ELECTION UNDER CONTRACT IN CERTAIN COUNTIES.  On request of a county election officer who conducts a primary election under an election services contract authorized under Subchapter D, Chapter 31, the secretary of state shall provide payment of primary expenses directly to the officer who incurs the expense rather than to the county chair under this subchapter.  The secretary of state shall prescribe procedures to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 154 (H.B. 1789), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 58, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.084. Expense Report by Party

Sec. 173.084.  EXPENSE REPORT BY PARTY.  (a)  Regardless of whether state funds are requested for paying primary expenses, each county chair and state chair shall prepare a report that includes:
(1)  an itemized list of the actual expenses incurred in connection with the general and runoff primaries by the authority preparing the report and by the executive committee over which the authority presides;
(2)  the amount of the primary candidates' filing fees required to be deposited in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair;
(3)  the amount of filing fees that have been refunded;
(4)  the amount of the contributions to the executive committee over which the authority preparing the report presides that:
(A)  are for the purpose of defraying primary election expenses;  and
(B)  have not been included in a report filed under this section for a previous primary election year;  and
(5)  the balance in the county primary fund if the report is by a county chair, or in the state primary fund if the report is by the state chair, that remains after deducting the primary election expenses actually incurred and the refunded filing fees.
(b)  The authority preparing the report shall file it with the secretary of state not later than August 31 following the applicable primary election, in the case of the county chair's report, or if no runoff primary is held for a statewide or district office, in the case of the state chair's report.
(b-1)  The secretary for good cause, including failure of a vendor or a county election officer contracted to conduct the election to provide complete invoices in a timely fashion, may extend the filing deadline.
(c)  The report must be sworn to by the authority preparing it.
(d)  Any compensation claimed under Section 173.004 shall be forfeited on the failure of a county chair to file a timely report.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(g), eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 728, Sec. 69, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 170, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 60, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.085. State Payment of Excess Primary Expenses

Sec. 173.085.  STATE PAYMENT OF EXCESS PRIMARY EXPENSES.  (a)  If the actual expenditure for an item of primary election expense exceeds the amount estimated for the item in the statement of estimated primary election expenses, the excess expense is payable with state funds as provided by this section.
(b)  To obtain state compensation for an excess expense, the county chair or state chair, as applicable, must include in the report required by Section 173.084:
(1)  an identification of the item for which the excess expense was incurred;
(2)  the amount of the excess;  and
(3)  an explanation of the reason for exceeding the estimate.
(c)  The secretary of state shall approve the payment of the excess expense with state funds if the secretary determines that payment is justified by good cause.  If the secretary determines that payment of the entire excess expense is not justified by good cause, the secretary shall approve the excess expense in the reduced amount that the secretary determines is appropriate.
(d)  The secretary of state shall promptly notify the authority filing the report of each item of excess expense not approved or approved in a reduced amount.
(e)  An item of excess primary election expense that is not approved by the secretary of state, or that part of an item that is not approved, may not be paid with state funds.
(f)  If the secretary of state approves an excess expense, the secretary shall include the approved amount in the certified statement prepared under Section 173.083(d).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(h), eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 171, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.0851. Disposition of Surplus in Primary Fund

Sec. 173.0851.  DISPOSITION OF SURPLUS IN PRIMARY FUND.  (a)  Any surplus remaining in a primary fund shall be remitted to the secretary of state immediately after the final payment from the fund of the necessary expenses for holding the primary elections for that year upon request of the secretary of state.  The surplus in a primary fund shall be remitted regardless of whether state funds were requested by the chair.
(b)  Any surplus primary funds received by the secretary of state under this section shall be deposited in the state treasury and may be used only for the financing of primary elections.
Added by Acts 1987, 70th Leg., ch. 54, Sec. 12(i), eff. Sept. 1, 1987.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 46, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 172, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 828 (H.B. 1735), Sec. 61, eff. September 1, 2017.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.086. Challenge of Disbursement of State Funds

Sec. 173.086.  CHALLENGE OF DISBURSEMENT OF STATE FUNDS.  (a)  The authority who submitted a statement of estimated primary election expenses under this subchapter may challenge in a district court in Travis County the amount of state funds approved by the secretary of state for disbursement.
(b)  A petition stating the ground of the challenge must be filed with the court not later than the 20th day after the earlier of:
(1)  the date of receipt of the secretary of state's notice of disapproval or approval in a reduced amount of a primary election expense involved in the challenge;  or
(2)  the date of receipt of the comptroller's warrant for payment of a primary election expense involved in the challenge.
(c)  If the court determines the challenged amount is less than the amount to which the petitioner is entitled by law, the court shall order payment in the proper amount.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 54, Sec. 12(j), eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 173 - Primary Election Financing › Subchapter D. State Financing › Section 173.087. Liability of County Chair and County Executive Committee

Sec. 173.087.  LIABILITY OF COUNTY CHAIR AND COUNTY EXECUTIVE COMMITTEE.  The county executive committee is not liable for the debts incurred by the committee or the county chair in connection with a primary election that are unpaid because the legislative appropriation is insufficient.  The county chair or any other member of the county executive committee is not personally liable for those debts.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 173, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter A. General Provisions › Section 174.001. Applicability of Chapter

Sec. 174.001.  APPLICABILITY OF CHAPTER.  This chapter applies to a political party holding a primary election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter A. General Provisions › Section 174.002. Media Access

Sec. 174.002.  MEDIA ACCESS.  Representatives of the broadcast and print news media are entitled to attend a convention held under this chapter for the purpose of reporting its proceedings.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter A. General Provisions › Section 174.003. Delegate to Be Qualified Voter

Sec. 174.003.  DELEGATE TO BE QUALIFIED VOTER.  In addition to the requirement of party affiliation, to be eligible to serve as a delegate to a county, senatorial district, or state convention held under this chapter, a person must be a qualified voter of the territory that the person is selected to represent or a resident of that territory who is eligible to vote a limited ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 175, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter A. General Provisions › Section 174.004. Eligibility Requirements Exclusive

Sec. 174.004.  ELIGIBILITY REQUIREMENTS EXCLUSIVE.  A political party may not impose eligibility requirements in addition to those prescribed by this title for serving as a delegate to a county, senatorial district, or state convention held under this code.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.021. Selection of Delegates to County and Senatorial District Conventions

Sec. 174.021.  SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS.  (a)  The delegates to a political party's county and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter.
(b)  A political party may by rule allow a county to hold precinct conventions before or during the county convention on the same day and at the same place as the county convention.  The rule may modify other provisions of this subchapter as necessary for the county to hold precinct conventions as provided by this subsection.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 12, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 36, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.022. Time and Place of Convention

Sec. 174.022.  TIME AND PLACE OF CONVENTION.
(a)  The precinct conventions may be held at a time and place as determined by rules adopted by the state executive committee of a political party.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1054, Sec. 33, eff. June 14, 2013.
(c)  If conventions are held on general primary election day, the hour set for convening the conventions may not be earlier than 7 p.m. or later than 9 p.m., but a  convention may not convene until the last voter has voted at the precinct polling place.  If conventions are held on a day other than general primary election day, the county executive committee shall set the hour for convening or a time frame in which the conventions must convene.
(d)  The place selected for a convention must meet the same requirements for access by the elderly and persons with physical disabilities as a polling place under Section 43.034(a).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 21, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 622, Sec. 2, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 864, Sec. 176, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 5.14, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 809, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 567 (S.B. 2067), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 35, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 13, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 33, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.023. Notice of Date, Hour, and Place

Sec. 174.023.  NOTICE OF DATE, HOUR, AND PLACE.  (a)  The county chair shall post a notice of the date, hour, and place for convening each convention on the  county or state party's Internet website or other Internet location easily found through a search engine.   If the county party does not maintain an Internet website, the chair shall post the notice on the county commissioner's bulletin board.  The notice must remain posted continuously for the 10 days immediately preceding the date of the convention.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 42(2), eff. September 1, 2019.
(c)  If the county chair fails to post or deliver notice in accordance with this section, another member of the county executive committee may post or deliver the notice.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 177, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1164 (H.B. 2817), Sec. 36, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 14, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 42(2), eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.024. Participant to Be Registered Voter

Sec. 174.024.  PARTICIPANT TO BE REGISTERED VOTER.  In addition to the requirement of party affiliation, to be eligible to participate in a precinct convention held under this subchapter, a person must be a registered voter of the precinct or a precinct resident who is eligible to vote a limited ballot.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.025. Organizing the Convention

Sec. 174.025.  ORGANIZING THE CONVENTION.  (a)  The state executive committee of a political party may adopt a rule requiring the precinct chair to be the permanent chair of the precinct convention unless the precinct chair is absent or declines the position.  If a rule is not adopted under this subsection, the precinct chair is the temporary chair of the precinct convention held under this subchapter.
(b)  If the precinct chair is absent, a person who is eligible to participate in the convention may act as temporary chair.
(c)  Before conducting business, the precinct chair shall prepare a list containing the name and residence address of each person who is admitted to participate in the convention.  The state executive committee by rule may adopt an alternate process in place of the requirement under this subsection.
(d)  The precinct chair shall call the convention to order.
(e)  The convention shall select a convention chair, if the precinct chair is not the permanent chair, and a convention secretary.  The convention may select any other officers considered necessary to conduct the convention's business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 178, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 15, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 37, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.026. Convention Business

Sec. 174.026.  CONVENTION BUSINESS.  After the convention is organized, the convention shall select its delegates to the subsequent convention and conduct any other convention business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 16, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter B. Precinct Conventions › Section 174.027. Records of Convention

Sec. 174.027.  RECORDS OF CONVENTION.  (a)  The convention chair shall prepare, sign, and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention.
(b)  The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174.025(c).
(c)  The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention, except that if delivered by mail, they shall be deposited in the mail not later than the second day after the date of the precinct convention.
(d)  The county chair shall retain the copies of the lists stored in paper or electronic files until the end of the voting year in which they are received.
(e)  If senatorial district conventions will be held in the county, the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene.
(f)  The original lists are not public information.
(g)  An electronic submission to the county chair through a system created by party rule constitutes a complete delivery under Subsection (c).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 47, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 499, Sec. 1, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 179, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 17, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.061. Selection of Delegates to State Conventions

Sec. 174.061.  SELECTION OF DELEGATES TO STATE CONVENTIONS.  The delegates to a political party's state conventions held under this code shall be selected in accordance with party rules at county and senatorial district conventions held as provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.062. Type of Convention Held

Sec. 174.062.  TYPE OF CONVENTION HELD.  (a)  A party may adopt rules for holding conventions at any level before and including the state convention.  If a state executive committee has not adopted other rules, conventions shall be held as follows:
(1)  except as provided by Subdivision (3), a county convention shall be held in a county if the county is not situated in more than one state senatorial district;
(2)  if a county is situated in more than one state senatorial district, instead of a county convention a senatorial district convention shall be held in each part of the county that is situated in a different senatorial district, unless otherwise provided by party rule; or
(3)  if the county executive committee for a political party determines that no suitable location for the county convention is available in the county, the county executive committee may apply to the state executive committee of that political party to issue an order permitting the county convention to be held at a location outside the county.
(b)  An order under Subsection (a)(3) must be entered in the minutes of the state executive committee not later than the 30th day before the date the county convention is to be held.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 366, Sec. 1, eff. Aug. 31, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 76 (H.B. 2101), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 18, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.063. Time and Place of Convention

Sec. 174.063.  TIME AND PLACE OF CONVENTION.  (a)  Conventions shall be held on a day set by the state executive committee by rule.  These rules shall allow the committees at each level of convention to set the hour and place for convening their conventions.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1054, Sec. 33, eff. June 14, 2013.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1054, Sec. 33, eff. June 14, 2013.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 333, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 29, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 864, Sec. 180, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 19, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 33, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.0631. Consideration for Use of Public Building for Convention

Sec. 174.0631.  CONSIDERATION FOR USE OF PUBLIC BUILDING FOR CONVENTION.  (a)  No charge may be made for the use of a public building for a precinct, county, or senatorial district convention except for reimbursement for the actual expenses resulting from use of the building for the convention.
(b)  The reimbursing authority is entitled to an itemized statement of expenses before making remittance.
(c)  A person commits an offense if the person assesses a charge for the use of a public building for a precinct, county, or senatorial district convention in violation of Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Added by Acts 1989, 71st Leg., ch. 333, Sec. 2, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.064. Notice of Hour and Place

Sec. 174.064.  NOTICE OF HOUR AND PLACE.  (a)  A notice of the hour and place for convening each county and senatorial district convention shall be posted  electronically on the county or state party's Internet website or on the bulletin board used for posting notice of meetings of the commissioners court.  The notice must remain posted continuously for the 10 days immediately preceding the date of the convention.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 42(3), eff. September 1, 2019.
(c)  The county chair shall post the notice of a county convention.  The temporary chair of a senatorial district convention shall post the notice of the senatorial district convention.
(d)  If the county chair fails to post notice in accordance with this section, another member of the county executive committee may post the notice.  If the temporary chair of a senatorial district convention fails to post notice in accordance with this section, another member of the county executive committee who may participate in setting the convention's hour and place may post the notice.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 181, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 20, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 38, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1131 (H.B. 2640), Sec. 42(3), eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.065. Organizing the Convention

Sec. 174.065.  ORGANIZING THE CONVENTION.  (a)  The state executive committee of a political party may adopt a rule requiring the county chair to be the permanent chair of the county convention or requiring the senatorial district executive committee member or chair of the district executive committee, as applicable, to be the permanent chair of the senatorial district convention, unless the person is absent or declines the position.  If a rule is not adopted under this subsection, the county chair is the temporary chair of a county convention held under this subchapter.  If a senatorial district is situated in more than one county, the senatorial district executive committee member from each county is the temporary chair of the senatorial district convention held in the territory that the committee member represents unless the state executive committee has adopted a rule under this subsection.  If a senatorial district is not situated in more than one county, the chair of the district executive committee is the temporary chair of the senatorial district convention unless the state executive committee has adopted a rule under this subsection.
(b)  If the person designated as chair by Subsection (a) is absent or declines the position, a delegate to the convention may act as temporary chair.
(c)  The chair shall call the convention to order and deliver the lists of delegates prepared under Section 174.027 to the convention.
(d)  The convention shall select a convention chair, if the person listed in Subsection (a) is not the permanent chair, is not present, or has declined the position, and a convention secretary from among the delegates present.  The convention may select any other officers considered necessary to conduct the convention's business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 182, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 21, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.066. Convention Business

Sec. 174.066.  CONVENTION BUSINESS.  After the convention is organized, the convention shall select its delegates to the state convention and conduct any other convention business.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.067. State Convention Delegates Serve Until Next Primary Election

Sec. 174.067.  STATE CONVENTION DELEGATES SERVE UNTIL NEXT PRIMARY ELECTION.  State convention delegates selected under this subchapter serve as the delegates for all state conventions held until the next general primary election date.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 22, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.068. Voting at Convention

Sec. 174.068.  VOTING AT CONVENTION.  The state executive committee may adopt rules concerning voting procedures for any party convention.  If the state executive committee fails to adopt rules:
(1)  the delegates selected by a particular precinct convention who attend the county or senatorial district convention are entitled to cast a number of votes equal to as many delegates as that precinct convention was entitled to select; and
(2)  a person may not vote a proxy at a county or senatorial district convention.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 23, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter C. County and Senatorial District Conventions › Section 174.069. Record of Delegates

Sec. 174.069.  RECORD OF DELEGATES.  (a)  The chair of a county or senatorial district convention shall prepare and sign a list of the names and residence addresses of the delegates and any alternate delegates to the state convention selected by the convention.
(b)  The convention chair shall deliver the list to the state chair not later than the fifth day after the date the convention adjourns.
(c)  An electronic submission to the county chair through a system created by party rule constitutes a complete delivery under Subsection (b).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 183, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 24, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter D. Biennial State Convention › Section 174.091. Biennial State Convention

Sec. 174.091.  BIENNIAL STATE CONVENTION.  Each political party shall hold a state convention in each even-numbered year as provided by this subchapter.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter D. Biennial State Convention › Section 174.092. Time and Place of Convention

Sec. 174.092.  TIME AND PLACE OF CONVENTION.  (a)  The biennial state convention shall be convened on a date selected by the state executive committee.
(b)  Not later than the date the state chair delivers to the county chairs the certification of names for placement on the general primary election ballot, the state executive committee shall set the date, hour, and place for convening the state convention.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 22, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 864, Sec. 184, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1002 (H.B. 2194), Sec. 13, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 25, eff. June 14, 2013.
2023 Texas Statutes › Election Code › Title 10 - Political Parties › Subtitle B - Parties Nominating by Primary Election › Chapter 174 - Conventions › Subchapter D. Biennial State Convention › Section 174.093. Notice of Time and Place

Sec. 174.093.  NOTICE OF TIME AND PLACE.  Before the date of the party's precinct conventions held under this chapter, the state chair shall post on the party's Internet website the date, hour, and place for convening the biennial state convention.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 185, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1054 (H.B. 3102), Sec. 26, eff. June 14, 2013.