SRC-ARR H.B. 738 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 738
By: Brown, Betty (Cain)
State Affairs
5/14/1999
Engrossed


DIGEST 

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. 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.  

PURPOSE

As proposed, H.B. 738 sets forth the scope of and deposit for certain
election accounts.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 212A, 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 to harass
a racial or ethic groups, or to discover facts for a legal challenge to the
election.  

SECTION 2. Amends Section 212.112, Election Code, by amending Subsection
(a) and adding Subsection (e), to subject the provisions in this
subsection, relating to the amount of the recount deposit, to Subsection
(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),
to require 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), to require an initial recount in an election
for which there is no canvass at the state level to include each election
precinct in the election, except as provided by Subsection (d) or (e),
unless an election recount petition requests that the recount be limited to
certain precincts. Requires a recount that is limited to certain precincts
requested in the recount petition to 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 this section 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. Amends Chapter 212, Election Code, by adding Subchapter G, as
follows: 

SUBCHAPTER G. RECOUNT OF MAIL BALLOTS

Sec. 212.151. GENERAL REQUIREMENTS. Sets forth certain general requirements
for a recount.  

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.