Election Code § 191.007

Sec. 191.007. ALLOCATION OF DELEGATES. (a) Each political party holding a presidential primary election shall adopt a rule for allocating delegates. (b) A rule adopted under this section may utilize either a proportional or winner-take-all method, based on the results of the presidential primary election, which may be based on: (1) a direct tie to statewide popular vote totals; (2) a direct tie to congressional or state senatorial district popular vote totals; or (3) an alternative disproportionate method that is based on statewide, congressional district, or state senatorial district popular vote totals. (c) Subsection (b) does not apply to delegates allocated: (1) among party and elected officials; or (2) through an allocation based on participants registering for or attending a caucus or similar process, provided that at least 75 percent of the total number of delegates who are to represent this state at the party's national presidential nominating convention, excluding delegates allocated among party and elected officials, shall be allocated in accordance with the rule adopted under this section based on the results of the presidential primary election. Added by Acts 1986, 69th Leg., 3rd C.S., ch. 14, Sec. 26, eff. Sept. 1, 1987. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1209 (S.B. 1398), Sec. 1, eff. June 14, 2013.