88S40195 MLH-F
 
  By: Schofield H.B. No. 109
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the separation of federal elections from state and
local elections, and to related practices and procedures.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1.002(a), Election Code, is amended to
read as follows:
       (a)  This code applies to all general, special, federal, and
primary elections held in this state.
       SECTION 2.  Section 1.005, Election Code, is amended by
amending Subdivisions (4-b), (7), (14), and (19) and adding
Subdivisions (4-c) and (4-d) to read as follows:
             (4-b)  "Federal election" means a primary or general
election for a federal office or a resulting runoff election and
does not include an election held for electors for president and
vice president of the United States.
             (4-c)  "Federal judge" means:
                   (A)  a judge, former judge, or retired judge of a
United States court of appeals;
                   (B)  a judge, former judge, or retired judge of a
United States district court;
                   (C)  a judge, former judge, or retired judge of a
United States bankruptcy court; or
                   (D)  a magistrate judge, former magistrate judge,
or retired magistrate judge of a United States district court.
             (4-d)  "Federal office" means the office of United
States senator or United States representative.
             (7)  "General election for state and county officers"
means the general election at which officers of the [federal,]
state[,] and county governments are elected.
             (14)  "Primary election" means an election held by a
political party under Chapter 172 to select its nominees for public
office, and, unless the context indicates otherwise, the term
includes:
                   (A)  a presidential primary election; and
                   (B)  a primary election for federal officers.
             (19)  "Statewide office" means an office of the
[federal or] state government that is voted on statewide.
       SECTION 3.  Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and
20, Election Code, are designated as Subtitle A, Title 2, Election
Code, and a heading is added to Subtitle A to read as follows:
SUBTITLE A. GENERAL REQUIREMENTS
       SECTION 4.  Section 11.002(a), Election Code, is amended to
read as follows:
       (a)  In this code, "qualified voter" means a person who:
             (1)  is 18 years of age or older;
             (2)  is a United States citizen;
             (3)  has not been determined by a final judgment of a
court exercising probate jurisdiction to be:
                   (A)  totally mentally incapacitated; or
                   (B)  partially mentally incapacitated without the
right to vote;
             (4)  has not been finally convicted of a felony or, if
so convicted, has:
                   (A)  fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
                   (B)  been pardoned or otherwise released from the
resulting disability to vote;
             (5)  is a resident of this state; and
             (6)  is a registered voter under this subtitle.
       SECTION 5.  Section 15.003(a), Election Code, is amended to
read as follows:
       (a)  On receipt of a voter registration certificate issued
under this subtitle [title], the person to whom the certificate is
issued must personally sign it in the appropriate space.
       SECTION 6.  Title 2, Election Code, is amended by adding
Subtitle B to read as follows:
SUBTITLE B. FEDERAL ELECTIONS
CHAPTER 21. GENERAL PROVISIONS
       Sec. 21.001.  DEFINITIONS. In this subtitle:

Statutes affected:
Introduced: Election Code 1.002, Election Code 1.005, Election Code 11.002, Election Code 15.003, Election Code 41.007, Election Code 42.002, Election Code 67.010, Election Code 84.014, Election Code 101.052, Election Code 101.053, Election Code 101.055, Election Code 142.005, Election Code 145.033, Election Code 145.037, Election Code 146.024, Election Code 161.008, Election Code 163.006, Election Code 172.059, Election Code 172.121, Election Code 172.122, Election Code 173.063, Election Code 181.0311, Election Code 181.032, Election Code 181.068, Election Code 231.008, Election Code 232.013, Election Code 232.048, Election Code 252.005 (Election Code 145, Election Code 163, Election Code 231, Election Code 146, Election Code 11, Election Code 101, Election Code 172, Election Code 161, Election Code 252, Election Code 1, Election Code 84, Election Code 181, Election Code 67, Election Code 173, Election Code 41, Election Code 142, Election Code 15, Election Code 232, Election Code 42)