HB4000 - Relating to providing for the statewide election of the speaker of the house of representatives by the voters of this state.

  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.