SRC-TJG H.B. 16 78(1)   BILL ANALYSIS


Senate Research Center   H.B. 16
78S10271 ATP-DBy: Denny (Nelson)
State Affairs
7/16/2003
Engrossed


DIGEST AND PURPOSE 

With the passage of H.B. 1549 and H.B. 2496 during the 78th Legislature,
Regular Session, (78(R)), two runoff primary election dates now exist in
the law.  Similarly, 78(R) H.B. 1695 and 78(R) H.B. 1549 established two
timetables for conducting the local canvass in certain elections.  H.B. 16
establishes one runoff primary election date and one date for conducting
the local canvass. 

In addition to these conflicts, the passage of other legislation led to
increased confusion among election administrators and voters about certain
dates.  Under current law, there are two deadlines for the counting of
late overseas mail ballots, depending upon the type of election.  78(R)
H.B. 1695 attempted to clarify these deadlines, but overseas voters and
voting clerks need further clarification.  H.B. 16 creates one deadline
for late overseas mail ballots in all elections and correspondingly
changes the date that the early voting ballot board convenes to count
these ballots. 

Finally, 78(R) H.B. 1549 moved the May uniform election date from the
first to the third Saturday in May to accommodate provisional voting under
the federal Help America Vote Act of 2002.  However, because 78(R) H.B.
2496 successfully moved the primary election date one week earlier, this
change in the general election date is unnecessary.  H.B. 16 reestablishes
the first Saturday in May as the authorized uniform election date. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.007(b), Election Code, as amended by Section
1, H.B. 2496, Acts of the 78th Legislature, Regular Session, 2003, to
provide that the runoff primary election date is the second, rather than
first, Tuesday in April following the general primary election. 

SECTION 2.  Amends Section 67.003, Election Code, as amended by Section
17, H.B. 1695, Acts of the 78th Legislature, Regular Session, 2003, to
require each local canvassing authority to convene to conduct the local
canvass at the time set by the canvassing authority's presiding officer on
the 11th day after election day.  Deletes existing text relating to each
local canvassing authority convening on certain dates following certain
elections.   

SECTION 3.  Amends Section 86.007(d), Election Code, as amended by Section
24, H.B. 1695, Acts of the 78th Legislature, Regular Session, 2003, to
require a marked ballot voted by mail that arrives after the time
prescribed by Subsection (a) to be counted if the ballot arrives at the
address on the carrier envelope not later than the fifth day after the
date of the election.  Makes conforming changes. 

SECTION 4.  Amends Section 87.125(a), Election Code, as amended by Section
30, H.B. 1695, Acts of the 78th Legislature, Regular Session, 2003, to
make conforming changes. 
 
SECTION 5.  Repealer: Sections 14, 16, and 42, H.B. 1549, Acts of the 78th
Legislature, Regular Session, 2003. 

SECTION 6.  Effective date: September 1, 2003, if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution, or November 1, 2003.