HBA-DMH H.B. 2780 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2780
By: Villarreal, Mike
Elections
7/2/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law was unclear as to whether the
winning party could be sworn into office if a recount was requested after
the votes were canvassed.  The Election Code did not allow for a delay in
the canvass of an election if a recount was requested.  House Bill 2780
specifies that submission of a recount petition delays the issuance of a
certificate of election and delays qualification for the office involved in
a recount pending completion of the recount. 

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. 

ANALYSIS

House Bill 2780 amends the Election and Government codes to provide that
the submission of a recount petition delays the issuance of a certificate
of election by the authority preparing the certificate and delays
qualification for the office involved in the recount pending completion of
the recount. The bill prohibits a candidate from qualifying for an office
involved in a recount before completion of the recount, but does not affect
a candidate who has received a certificate of election and qualified for an
office before the submission of a recount petition.  The bill requires the
secretary of state to prescribe any procedures necessary to implement the
bill.   

EFFECTIVE DATE

September 1, 2001.