By Madden                                              H.B. No. 562
         77R3165 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 an election that results in a tie vote as provided
2-11     by Section 2.002(i).
2-12           Sec. 216.002.  CONDUCT OF AUTOMATIC RECOUNT GENERALLY.
2-13     Except as otherwise provided by this chapter, this title applies to
2-14     a recount conducted under this chapter with appropriate
2-15     modifications as prescribed by the secretary of state.
2-16           Sec. 216.003.  INITIATING AUTOMATIC RECOUNT.  For purposes of
2-17     initiating an automatic recount, the authority designated under
2-18     Section 212.026 shall request the recount in the same manner as a
2-19     recount petitioner under this title.
2-20           Sec. 216.004.  COUNTING PROCEDURES.  The method of counting
2-21     votes in an automatic recount is the same method of counting used
2-22     in the election that resulted in the tie vote.
2-23           Sec. 216.005.  COST OF AUTOMATIC RECOUNT.  (a)  Subchapter E,
2-24     Chapter 212, does not apply to an automatic recount.
2-25           (b)  The costs of an automatic recount shall be paid by each
2-26     political subdivision or county executive committee, as applicable,
2-27     served by a presiding officer designated under Section 213.001.
 3-1           SECTION 4.  This Act takes effect September 1, 2001.