SRC-SEW H.J.R. 45 77(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 45
77R2834 GGS-DBy: Tillery (Shapiro)
State Affairs
5/2/2001
Engrossed


DIGEST AND PURPOSE 

Currently, 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 last election cycle, 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.  H.J.R. 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

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 8, Article IV, 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. Prohibits the legislature from
considering any subject other than the appointment of electors at that
special session. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held November 6, 2001.  Requires the
ballot to be printed to permit voting for or against the proposition:  "The
constitutional amendment requiring the governor to call a special session
for the appointment of presidential electors under certain circumstances."