HBA-NLM, MAJ C.S.H.B. 738 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 738
By: Brown, Betty
Elections
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

This bill provides that unless an election recount petition requests that
the recount be limited to certain precincts, an initial recount in an
election for which there is no canvass at the state level must include each
election precinct in the election.  C.S.H.B. 738  prohibits a person from
requesting a recount limited to certain precincts in an election to harass
or discriminate against a racial or ethnic group, or for the sole purpose
of discovering facts for a legal challenge to the election. In addition,
this bill includes an exception  that authorizes an initial recount to
include any one or more election precincts in which counting errors
occurred, as certified by the secretary of state.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 212, Election Code, by adding
Section 212.007, as follows: 

Sec. 212.007.  PROHIBITED USES OF RECOUNT.  Prohibits a person from
requesting a recount limited to certain precincts in an election: 

(1) to harass or discriminate against a racial or ethnic group; or

(2) for the sole purpose of discovering facts for a legal challenge to the
election. 

SECTION 2.  Amends Section 212.112, Election Code, by amending Subsection
(a) and adding Subsection (e), as follows: 

(a) Subjects the provisions in this subsection, relating to the amount of
the recount deposit, to Subsection (e). 

(e) Provides that the amount of the deposit for an initial recount under
Section 212.131(a) that is limited to certain precincts is determined based
on the total number of election precincts in the election.   

SECTION 3.  Amends Section 212.113, Election Code, by adding Subsection
(d), as follows: 

(d) Requires the recount coordinator to refund to a person requesting a
recount a specified amount, if an initial recount under Section 212.131(a)
that is limited to certain precincts does not involve a change in the total
number of votes received for a particular candidate or for or against a
measure in the requested precincts. 

SECTION 4.  Amends Section 212.131, Election Code, by amending Subsection
(a) and adding Subsection (e), as follows: 

(a)  Adds the provision that unless an election recount petition requests
that the recount be  limited to certain precincts, an initial recount in an
election for which there is no canvass at the state level must include each
election precinct in the election, except as provided by Subsection (d) or
(e). 

(e) Provides that a recount that is limited to certain precincts requested
in the recount petition must include each precinct in the election if the
total number of votes received for a particular candidate or for or against
a measure in the requested precincts changes from the original count for
those precincts after the recount.  Provides that the entire election
should be recounted, if a recount under Section 212.131 involves a change
in the total number of votes received for a particular candidate or for or
against a measure in the requested precincts.  

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 738 modifies the original by adding new SECTIONS 1-3, as follows:

SECTION 1. Amends Subchapter A, Chapter 212, Election Code, by adding
Section 212.007, as follows: 

Sec. 212.007.  PROHIBITED USES OF RECOUNT.  Prohibits a person from
requesting a recount limited to certain precincts in an election: 

(1) to harass or discriminate against a racial or ethnic group; or

(2) for the sole purpose of discovering facts for a legal challenge to the
election. 

SECTION 2.  Amends Section 212.112, Election Code, by amending Subsection
(a) and adding Subsection (e), as follows: 

(a) Subjects the provisions in this subsection, relating to the amount of
the recount deposit, to Subsection (e). 

(e) Provides that the amount of the deposit for an initial recount under
Section 212.131(a) that is limited to certain precincts is determined based
on the total number of election precincts in the election.   

SECTION 3.  Amends Section 212.113, Election Code, by adding Subsection
(d), as follows: 

(d) Requires the recount coordinator to refund to a person requesting a
recount a specified amount, if an initial recount under Section 212.131(a)
that is limited to certain precincts does not involve a change in the total
number of votes received for a particular candidate or for or against a
measure in the requested precincts. 

C.S.H.B. 738 redesignates SECTION 1 (Section 212.131(a), Election Code) of
the original, as SECTION 4 in the substitute.  The substitute adds a new
Subsection (e) providing that a recount that is limited to certain
precincts requested in the recount petition must include each precinct in
the election if the total number of votes received for a particular
candidate or for or against a measure in the requested precincts changes
from the original count for those precincts after the recount.  The
substitute also provides that the entire election should be recounted, if a
recount under Section 212.131 involves a change in the total number of
votes received for a particular candidate or for or against a measure in
the requested precincts. The substitute makes conforming changes. 

The substitute redesignates SECTIONS 2 and 3 (effective date, emergency
clause) of the original to SECTIONS 5 and 6 of the substitute.