2005 Texas Election Code CHAPTER 163. PARTY RULES

ELECTION CODE

CHAPTER 163. PARTY RULES


	§ 163.001. APPLICABILITY OF CHAPTER.  This chapter 
applies only to a political party that has a state executive 
committee.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 163.002. REQUIRED RULES.  A political party that makes 
nominations in this state shall adopt rules that:
		(1)  prescribe the parliamentary procedure governing 
the conduct of party meetings and conventions from the precinct 
level to the state level, including:
			(A)  quorums;                                                                
			(B)  casting and counting votes;                                             
			(C)  operation of executive committees;                                      
			(D)  appointment and duties of convention 
committees;  and                 
			(E)  presentation of matters before a convention;                            
		(2)  prescribe the method of selecting the party's 
presidential elector candidates;
		(3)  prescribe the manner of selecting party officers, 
convention delegates, convention alternates, and convention 
officials;
		(4)  provide for representative apportionment of party 
officers, convention delegates, convention alternates, and 
convention officials throughout the state on the basis of 
population, party strength, or both, within the appropriate 
territorial unit;
		(5)  provide for periodic publication and publicizing 
of party rules;  and  
		(6)  prescribe the manner of adopting party rules and 
amendments to the rules.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 163.003. CONSISTENCY WITH STATE LAW.  The rules adopted 
by a political party must be consistent with state law.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.                     


	§ 163.004. ADOPTING RULES.  (a) A political party's 
rules, including amendments to rules, governing or affecting its 
general or runoff primary elections, conventions held under this 
code, or nominees may be adopted only by:
		(1)  a state convention;  or                                                  
		(2)  the state executive committee as a temporary rule, 
if adoption before the next state convention is necessary.
	(b)  A temporary rule must be considered by the first state 
convention following its adoption.  The state convention may 
rescind, modify, or ratify the temporary rule.  If the state 
convention fails to act, the temporary rule expires on the day after 
the date the convention adjourns.
	(c)  In this chapter, "rule on electoral affairs" means a 
rule or amendment of the class described by Subsection (a).

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1986, 69th Leg., 3rd C.S., ch. 14, § 8, eff. Sept. 1, 1987.


	§ 163.005. FILING RULES WITH SECRETARY OF STATE;  
EFFECTIVE DATE.  (a) The state chair shall file a copy of each rule 
on electoral affairs with the secretary of state.
	(b)  Except as provided by Section 163.006, the rule shall be 
filed not later than the 30th day after the date of its adoption.
	(c)  If the state chair fails to make a timely filing, any 
member of the state executive committee may make the filing.
	(d)  A filing must be accompanied by a written statement 
signed by the state chair or any two members of the state executive 
committee indicating whether the rule is temporary or permanent.
	(e)  A rule on electoral affairs is not effective until 
filed.               

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 110, eff. Sept. 1, 1997.


	§ 163.006. DEADLINE FOR FILING CERTAIN RULES.  (a) A rule 
on electoral affairs that is to become effective in a year in which 
the party will hold precinct conventions under this title must be 
filed with the secretary of state not later than the 30th day before 
the date of convening the precinct conventions.  The secretary of 
state may extend this deadline for good cause.
	(b)  If a political party fails to file a rule as provided by 
Subsection (a), the party is not entitled to have its nominees 
placed on the ballot for the general election for state and county 
officers.
	(c)  Before general primary election day, the secretary of 
state shall notify the authority responsible for having the 
official general election ballot prepared in each county of each 
political party that failed to file a rule as provided by Subsection 
(a) and shall order those authorities to omit the party's nominees 
from the general election ballot.
	(d)  Before January 15 of each year in which political 
parties hold precinct conventions under this title, the secretary 
of state shall deliver written notice of the requirements of this 
section to the state chair of each party that had a nominee for a 
statewide or district office on the most recent general election 
ballot.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.  Amended by 
Acts 1997, 75th Leg., ch. 864, § 111, eff. Sept. 1, 1997.


	§ 163.007. RULES ENFORCEABLE BY MANDAMUS.  A rule on 
electoral affairs is enforceable by writ of mandamus in the same 
manner as if the rule were a statute.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.