By Villarreal H.B. No. 2780 77R5281 GGS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the effect of a recount on qualifying for an office 1-3 involved in the recount. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 67.016(e), Election Code, is amended to 1-6 read as follows: 1-7 (e) The authority preparing a certificate of election shall 1-8 promptly deliver it to the person for whom it is prepared, subject 1-9 to Section 212.0331. 1-10 SECTION 2. Subchapter B, Chapter 212, Election Code, is 1-11 amended by adding Section 212.0331 to read as follows: 1-12 Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING 1-13 FOR OFFICE. (a) The submission of a recount petition delays the 1-14 issuance of a certificate of election and qualification for the 1-15 office involved in the recount pending completion of the recount. 1-16 (b) A candidate may not qualify for an office involved in a 1-17 recount before completion of the recount. 1-18 (c) This section does not affect a candidate who has 1-19 received a certificate of election and qualified for an office 1-20 before the submission of a recount petition involving the office. 1-21 (d) The secretary of state shall prescribe any procedures 1-22 necessary to implement this section. 1-23 SECTION 3. Section 601.004, Government Code, is amended to 1-24 read as follows: 2-1 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE, 2-2 DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a 2-3 certificate of election to an unexpired term of an office is 2-4 entitled to qualify for and assume the duties of the office 2-5 immediately and shall take office as soon as possible after the 2-6 receipt of the certificate of election, subject to Section 2-7 212.0331, Election Code. 2-8 SECTION 4. This Act takes effect September 1, 2001.