By Danburg                                            H.B. No. 1599
         77R6578 GGS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain recount procedures for voting system ballots.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 212.0241(b), Election Code, is amended to
 1-5     read as follows:
 1-6           (b)  A candidate for nomination or election to an office may
 1-7     obtain an initial recount of electronic voting system results in an
 1-8     election in which the person was a candidate only if the candidate
 1-9     is shown by the election returns not to be nominated or elected.
1-10     However, a candidate shown to be nominated or elected may obtain an
1-11     initial recount if an opposing candidate's initial recount petition
1-12     is approved for a recount that is covered by Section 212.131(c) and
1-13     that does not include all of the voting system precincts in the
1-14     election.
1-15           SECTION 2. Section 212.028, Election Code, is amended to read
1-16     as follows:
1-17           Sec. 212.028.  TIME FOR SUBMITTING PETITION. (a) Except as
1-18     provided by Subsection (b), a [A] petition for an initial recount
1-19     must be submitted by the later of:
1-20                 (1)  5 p.m. of the fifth day after election day; or
1-21                 (2)  5 p.m. of the second day after the date the
1-22     canvassing authority to whose presiding officer the petition must
1-23     be submitted completes its canvass of the original election
1-24     returns.
 2-1           (b)  A petition for a winning candidate in response to an
 2-2     opposing candidate's petition as described by Section 212.0241(b)
 2-3     must be submitted not later than 48 hours after receipt of the
 2-4     notice of approval under Section 212.032.
 2-5           SECTION 3. Section 212.131(c), Election Code, is amended to
 2-6     read as follows:
 2-7           (c)  In an election for which there is a final canvass at the
 2-8     state level, an initial recount of votes cast in a particular
 2-9     voting system may include any one or more counties covered by the
2-10     election, but must include all the election [voting system]
2-11     precincts in which a particular voting system is used in each
2-12     county recounted.
2-13           SECTION 4. This Act takes effect September 1, 2001.