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.