HBA-MSH H.J.R. 45 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 45
By: Tillery
Elections
7/18/2001
Enrolled



BACKGROUND AND PURPOSE 

In an election for the president of the United States the electoral votes
of Texas are not counted if the results of the election are in contest when
the deadline for the certification of electors passes.  During the 2000
presidential election, the contest of the election results in Florida
raised the possibility that the state might lose its electoral votes if its
election results were not certified by the certification deadline.  As
proposed, House Joint Resolution 45 requires the submission to the voters
of a constitutional amendment requiring the governor to call a special
session of the legislature for the appointment of presidential electors
under certain circumstances. 

RULEMAKING AUTHORITY

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

ANALYSIS

House Joint Resolution 45 amends the Texas Constitution to require the
governor to convene the legislature in special session to appoint
presidential electors if the governor determines that a reasonable
likelihood exists that a final determination of the appointment of electors
will not occur before the deadline prescribed by law to ascertain a
conclusive determination of the appointment.  The resolution prohibits the
legislature from considering any other subject during such a special
session. 

FOR ELECTION

 November 6, 2001.