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.
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