Lowe’s bill to elect the House speaker statewide

The text as introduced · 904 words

89R14834 MLH-D

By: Lowe
H.B. No. 4000

A BILL TO BE ENTITLED

AN ACT

relating to providing for the statewide election of the speaker of

the house of representatives by the voters of this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.092(c), Election Code, is amended to

read as follows:

(c) Statewide offices of the state government shall be

listed in the following order:

(1) governor;

(2) lieutenant governor;

(3) speaker of the house of representatives;

(4) attorney general;

(5) [ (4) ] comptroller of public accounts;

(6) [ (5) ] commissioner of the General Land Office;

(7) [ (6) ] commissioner of agriculture;

(8) [ (7) ] railroad commissioner;

(9) [ (8) ] chief justice, supreme court;

(10) [ (9) ] justice, supreme court;

(11) [ (10) ] presiding judge, court of criminal

appeals;

(12) [ (11) ] judge, court of criminal appeals.

SECTION 2. Section 67.008, Election Code, is amended to

read as follows:

Sec. 67.008. SEPARATE COUNTY RETURNS FOR GOVERNOR , [ AND ]

LIEUTENANT GOVERNOR , AND SPEAKER OF THE HOUSE . (a) In addition to

the returns required by Section 67.007, each county clerk shall

prepare separate county election returns of an election for the

office of governor , [ or ] lieutenant governor , or speaker of the

house of representatives that contain the same information as the

returns for those offices prepared under Section 67.007.

(b) The returns shall be delivered to the secretary of state

as provided by Section 67.007.

(c) The secretary of state shall retain the returns until

the first day of the next regular legislative session, when the

secretary shall deliver the returns to the speaker of the house of

representatives or, for the office of speaker of the house, to the

speaker pro tempore .

(d) The county clerk shall retain a copy of the county

returns for the offices to which this section applies [ of governor

and lieutenant governor ] for the period for preserving the precinct

election records.

SECTION 3. Section 67.009(a), Election Code, is amended to

read as follows:

(a) Before each election for which county election returns

are required, the secretary of state shall deliver to each county

clerk in the territory covered by the election two copies of the

officially prescribed form for reporting county election returns.

The secretary shall also deliver two copies of the official form for

the separate returns for the offices of governor , [ and ] lieutenant

governor, and speaker of the house of representatives, if

applicable.

SECTION 4. Section 67.010(a), Election Code, is amended to

read as follows:

(a) The county election returns for an election for a

statewide office other than governor , [ or ] lieutenant governor, or

speaker of the house of representatives, a statewide measure, a

district office, or president and vice-president of the United

States shall be canvassed by the governor.

SECTION 5. Section 67.011(a), Election Code, is amended to

read as follows:

(a) The county election returns for an election for the

office of governor , [ or ] lieutenant governor , or speaker of the

house of representatives shall be canvassed by the legislature and

the official result declared by the speaker of the house of

representatives in accordance with [ Article IV, ] Section 3, Article

IV, [ of the ] Texas Constitution , or by the speaker pro tempore of

the house of representatives in accordance with Section 9-a,

Article III, Texas Constitution .

SECTION 6. Section 67.015(e), Election Code, is amended to

read as follows:

(e) If a discrepancy exists between the legislature's

canvass of the election for governor , [ or ] lieutenant governor , or

speaker of the house of representatives and the register entries

pertaining to any [ either ] of those offices that are made from the

secretary of state's tabulation, the secretary shall make the

entries in the register necessary to make it correspond to the

legislature's canvass.

SECTION 7. Section 67.016(g), Election Code, is amended to

read as follows:

(g) This section does not apply to the offices of governor ,

[ and ] lieutenant governor , and speaker of the house of

representatives .

SECTION 8. Section 203.001, Election Code, is amended to

read as follows:

Sec. 203.001. APPLICABILITY OF CHAPTER. This chapter

applies to the offices of speaker of the house of representatives,

state senator , and state representative.

SECTION 9. If this Act takes effect as provided by Section

10 of this Act:

(1) the initial election for the office of speaker of

the house of representatives as provided by the proposed

constitutional amendment shall be held at the general election for

state and county officers conducted in 2026; and

(2) the secretary of state by order may extend the

deadline for filing as a candidate for the office of speaker in

connection with the initial election in 2026 as necessary to

provide a period of at least five business days during which a

candidate may file for election as speaker.

SECTION 10. This Act takes effect when the constitutional

amendment proposed by the 89th Legislature, Regular Session, 2025,

providing for the statewide election of the speaker of the house of

representatives by the voters of this state takes effect if that

proposed amendment is approved by the voters. If that amendment is

not approved by the voters, this Act has no effect.