By Madla                                               S.B. No. 438
         76R3007 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the scope of certain election recounts.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 212.001, Election Code, is amended to
 1-5     read as follows:
 1-6           Sec. 212.001.  GENERAL REQUIREMENTS FOR RECOUNT DOCUMENT.  A
 1-7     recount document submitted under this title must:
 1-8                 (1)  be in writing;
 1-9                 (2)  identify the office or measure for which a recount
1-10     is desired;
1-11                 (3)  state the grounds for the recount;
1-12                 (4)  state the side of the measure that the person
1-13     requesting the recount represents, if applicable;
1-14                 (5)  either:
1-15                       (A)  identify the election precincts, grouped by
1-16     county or other appropriate territorial unit if the election
1-17     involves more than one local canvassing authority, for which a
1-18     recount is desired and must indicate the method of voting used in
1-19     each precinct; or
1-20                       (B)  state that, in an election for which an
1-21     electronic voting system is used, the recount request involves only
1-22     those ballots that were counted manually;
1-23                 (6)  be signed by:
1-24                       (A)  the person requesting the recount or, if
 2-1     there is more than one, any one or more of them; or
 2-2                       (B)  an agent of the person requesting the
 2-3     recount;
 2-4                 (7)  state each requesting person's name, residence
 2-5     address, and, if authorization to obtain the recount is based on
 2-6     eligibility to vote in the election, voter registration number, and
 2-7     county of registration if the election covers territory in more
 2-8     than one county;
 2-9                 (8)  designate an agent who is a resident of this state
2-10     to receive notice under this title on behalf of the person
2-11     requesting the recount if:
2-12                       (A)  the person requesting the recount is not a
2-13     resident of this state; or
2-14                       (B)  there is more than one person requesting the
2-15     recount;
2-16                 (9)  state the mailing address and at least one
2-17     telephone number, if any, at which the person requesting the
2-18     recount or an agent, identified by name, may receive notice given
2-19     under this title; and
2-20                 (10)  state the mailing address and at least one
2-21     telephone number, if any, at which the opposing candidates for the
2-22     office or their agents, identified by name, may receive notice
2-23     given under this title.
2-24           SECTION 2.  Section 212.131(a), Election Code, is amended to
2-25     read as follows:
2-26           (a)  Except as provided by Subsection (d), an initial recount
2-27     in an election for which there is no canvass at the state level
 3-1     must include each election precinct in the election unless the
 3-2     recount petition requests that the recount be limited to ballots
 3-3     counted manually as provided by Section 212.001(5)(B).
 3-4           SECTION 3.  This Act takes effect September 1, 1999.
 3-5           SECTION 4.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended.