By Madden H.B. No. 1490
76R3232 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for an automatic recount in certain
1-3 elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2.002, Election Code, is amended by
1-6 amending Subsections (a) and (b) and adding Subsection (i) to read
1-7 as follows:
1-8 (a) Except as provided by Subsection (f), [or] (g), or (i),
1-9 in an election requiring a plurality vote, if two or more
1-10 candidates for the same office tie for the number of votes required
1-11 to be elected, a second election to fill the office shall be held.
1-12 (b) Not later than the fifth day after the date the
1-13 automatic recount required by Subsection (i) is completed or the
1-14 final canvass following the automatic recount [for the first
1-15 election] is completed, if applicable, the authority responsible
1-16 for ordering the first election shall order the second election.
1-17 The second election shall be held not earlier than the 20th day or
1-18 later than the 30th day after the date the automatic recount
1-19 required by Subsection (i) is completed or the final canvass
1-20 following the automatic recount [for the first election] is
1-21 completed, if applicable.
1-22 (i) If the tie vote is not resolved under Subsection (f) or
1-23 (g), an automatic recount shall be conducted in accordance with
1-24 Chapter 216 before the second election is held. If the recount
2-1 resolves the tie, the second election is not held.
2-2 SECTION 2. Section 211.002, Election Code, is amended by
2-3 adding Subdivision (11) to read as follows:
2-4 (11) "Automatic recount" means a recount conducted
2-5 under Chapter 216.
2-6 SECTION 3. Title 13, Election Code, is amended by adding
2-7 Chapter 216 to read as follows:
2-8 CHAPTER 216. AUTOMATIC RECOUNT
2-9 Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter
2-10 applies only to:
2-11 (1) an election that results in a tie vote as provided
2-12 by Section 2.002(i); or
2-13 (2) an election in which the authority designated
2-14 under Section 212.026 determines that an error occurred in the
2-15 initial count.
2-16 Sec. 216.002. CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
2-17 Except as otherwise provided by this chapter, this title applies to
2-18 a recount conducted under this chapter with appropriate
2-19 modifications as prescribed by the secretary of state.
2-20 Sec. 216.003. INITIATING AUTOMATIC RECOUNT. For purposes of
2-21 initiating an automatic recount, the authority designated under
2-22 Section 212.026 shall request the recount in the same manner as a
2-23 recount petitioner under this title.
2-24 Sec. 216.004. COUNTING PROCEDURES. The method of counting
2-25 votes in an automatic recount is the same method of counting used
2-26 in the election that resulted in the tie vote.
2-27 Sec. 216.005. COST OF AUTOMATIC RECOUNT. (a) Subchapter E,
3-1 Chapter 212, does not apply to an automatic recount.
3-2 (b) The costs of an automatic recount shall be paid by each
3-3 political subdivision or county executive committee, as applicable,
3-4 served by a presiding officer designated under Section 213.001.
3-5 SECTION 4. This Act takes effect September 1, 1999.
3-6 SECTION 5. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.