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.