CHAPTER 174. CONVENTIONS - Texas Statutes

ELECTION CODE

TITLE 10. POLITICAL PARTIES

SUBTITLE B. PARTIES NOMINATING BY PRIMARY ELECTION

CHAPTER 174. CONVENTIONS

SUBCHAPTER A. GENERAL PROVISIONS

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.

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.

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.

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.

SUBCHAPTER B. PRECINCT CONVENTIONS

Sec. 174.021. SELECTION OF DELEGATES TO COUNTY AND SENATORIAL

DISTRICT CONVENTIONS. 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.

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

Sec. 174.022. TIME AND PLACE OF CONVENTION. (a) The precinct

conventions shall be held on general primary election day in the

regular county election precincts.

(b) Not later than the date of the regular drawing for position

on the general primary election ballot, the county executive

committee shall set the hour and place for convening each

precinct convention for the precincts served by the committee. If

the county executive committee fails to do so, the county chair

shall set the hour and place.

(c) The hour set for convening the conventions may not be

earlier than 7 p.m. or later than 9 p.m. Notwithstanding the hour

set for convening, the convention may not convene until the last

voter has voted at the precinct polling place.

(d) The place selected for a precinct 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, Sec. 1, eff. September 1, 2009.

Sec. 174.023. NOTICE OF HOUR AND PLACE. (a) The county chair

shall post a notice of the hour and place for convening each

precinct convention 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) Not later than the 10th day before the date of the precinct

conventions, the county chair shall deliver to the county clerk

written notice of the hour and place for convening each precinct

convention.

(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.

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.

Sec. 174.025. ORGANIZING THE CONVENTION. (a) 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 temporary chair shall

prepare a list containing the name and residence address of each

person who is admitted to participate in the convention.

(d) The temporary chair shall call the convention to order.

(e) The convention shall select a convention 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.

Sec. 174.026. CONVENTION BUSINESS. After the convention is

organized, the convention shall select its delegates to the

county or senatorial district convention and conduct any other

convention business.

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

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 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.

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.

SUBCHAPTER C. COUNTY AND SENATORIAL DISTRICT 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.

Sec. 174.062. TYPE OF CONVENTION HELD. (a) Except as provided

by Subsection (c), a county convention shall be held in a county

if the county is not situated in more than one state senatorial

district.

(b) 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.

(c) 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. An order under this subsection 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, Sec. 1, eff. September 1, 2009.

Sec. 174.063. TIME AND PLACE OF CONVENTION. (a) The county and

senatorial district conventions shall be held on the third

Saturday after general primary election day. However, if that

date occurs during Passover or on the day following Good Friday,

the conventions shall be held on the next Saturday that does not

occur during Passover or on the day following Good Friday.

(b) The hour and place for the convening of a county convention

shall be set in the same manner as for the precinct conventions

held under this chapter.

(c) The hour and place for the convening of a senatorial

district convention shall be set in the same manner as for the

precinct conventions held under this chapter, except that only

those members of the county executive committee who are the

precinct chairs for the precincts in the territory represented at

the senatorial district convention may participate in setting the

convention's hour and place, and if they fail to do so, the

temporary chair of the senatorial district convention shall set

the hour and place.

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.

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.

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 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) Not later than the 10th day before the date of the county

and senatorial district conventions, written notice of the hour

and place for convening each convention shall be delivered to the

county clerk.

(c) The county chair shall post and deliver the notice of a

county convention. The temporary chair of a senatorial district

convention shall post and deliver the notice of the senatorial

district convention.

(d) 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. If the

temporary chair of a senatorial district convention fails to post

or deliver 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 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. 181, eff. Sept. 1, 1997.

Sec. 174.065. ORGANIZING THE CONVENTION. (a) 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. 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.

(b) If the person designated as temporary chair by Subsection

(a) is absent, a delegate to the convention may act as temporary

chair.

(c) The temporary 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 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.

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.

Sec. 174.067. STATE CONVENTION DELEGATES SERVE FOR REMAINDER OF

YEAR. State convention delegates selected under this subchapter

serve as the delegates for all state conventions held during the

remainder of the year in which they are selected.

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

Sec. 174.068. VOTING AT CONVENTION. (a) 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.

(b) 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.

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.

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.

SUBCHAPTER D. 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.

Sec. 174.092. TIME AND PLACE OF CONVENTION. (a) The biennial

state convention shall be convened on any day in June.

(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.

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 deliver written notice of the date, hour, and place

for convening the biennial state convention to the secretary of

state, each county chair, and each temporary chair of a

senatorial district 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.

Sec. 174.094. ORGANIZING THE CONVENTION. (a) The state chair

is the temporary chair of the biennial state convention.

(b) The temporary chair shall call the convention to order.

(c) The temporary chair shall prepare a list of the names and

residence addresses of the delegates and any alternate delegates

to the convention and shall deliver the list to the convention.

(d) The convention shall select a convention 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. 186, eff. Sept. 1, 1997.

Sec. 174.095. CONVENTION BUSINESS. After the convention is

organized, the convention shall conduct its business.

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

Sec. 174.096. VOTING AT CONVENTION. (a) The delegates selected

by a particular county or senatorial district convention who

attend the biennial state convention are entitled to cast a

number of votes equal to as many delegates as that county or

senatorial district convention was entitled to select.

(b) A person may not vote a proxy for delegates from more than

one county or senatorial district. A person who votes a proxy for

a delegate from a county may not do so for a delegate from a

senatorial district and vice versa.

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

Sec. 174.097. ATTENDANCE BY PUBLIC OFFICERS. A nominee for or

holder of an office of the state or federal government is

entitled to attend a state convention of the nominee's or

officeholder's party but may not vote in the convention unless

serving as a delegate.

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

by Acts 1997, 75th Leg., ch. 864, Sec. 187, eff. Sept. 1, 1997.