1-1 By: Villarreal (Senate Sponsor - Madla) H.B. No. 2780 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on State 1-4 Affairs; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the effect of a recount on qualifying for an office 1-9 involved in the recount. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 67.016(e), Election Code, is amended to 1-12 read as follows: 1-13 (e) The authority preparing a certificate of election shall 1-14 promptly deliver it to the person for whom it is prepared, subject 1-15 to Section 212.0331. 1-16 SECTION 2. Subchapter B, Chapter 212, Election Code, is 1-17 amended by adding Section 212.0331 to read as follows: 1-18 Sec. 212.0331. EFFECT OF PETITION SUBMISSION ON QUALIFYING 1-19 FOR OFFICE. (a) The submission of a recount petition delays the 1-20 issuance of a certificate of election and qualification for the 1-21 office involved in the recount pending completion of the recount. 1-22 (b) A candidate may not qualify for an office involved in a 1-23 recount before completion of the recount. 1-24 (c) This section does not affect a candidate who has 1-25 received a certificate of election and qualified for an office 1-26 before the submission of a recount petition involving the office. 1-27 (d) The secretary of state shall prescribe any procedures 1-28 necessary to implement this section. 1-29 SECTION 3. Section 601.004, Government Code, is amended to 1-30 read as follows: 1-31 Sec. 601.004. PERSON ELECTED TO UNEXPIRED TERM OF STATE, 1-32 DISTRICT, COUNTY, OR PRECINCT OFFICE. A person who receives a 1-33 certificate of election to an unexpired term of an office is 1-34 entitled to qualify for and assume the duties of the office 1-35 immediately and shall take office as soon as possible after the 1-36 receipt of the certificate of election, subject to Section 1-37 212.0331, Election Code. 1-38 SECTION 4. This Act takes effect September 1, 2001. 1-39 * * * * *