SRC-TJG H.B. 2152 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2152
78R6825 JRJ-DBy: Denny (Staples)
State Affairs
5/16/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, provisions relating to automatic recounts apply only to
plurality vote elections.  Because automatic recount provisions do not
apply to majority vote elections, casting lots often decides tie races in
these elections.  H.B. 2152 requires an automatic recount in majority vote
elections where a tie vote results.   

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 2.022, Election Code, as follows:

(a) Makes a conforming and a nonsubstantive change.

(b) Provides that Sections 2.023 and 2.028 supercede a law outside this
subchapter to the extent of any conflict. 

SECTION 2.  Amends Sections 2.023(b) and (c), Election Code, as follows:

(b) Requires an automatic recount, if more than two candidates tie for the
highest number of votes in the main election, to be conducted in
accordance with Chapter 216 (Automatic Recount).  Requires the tied
candidates, if the recount does not resolve the tie, to cast lots to
determine which two are to be the runoff candidates. 

(c) Makes a conforming change.

SECTION 3.  Amends Section 2.028(a), Election Code, to make a conforming
and a nonsubstantive change. 

SECTION 4.  Amends Section 216.001, Election Code, to make a conforming
and a nonsubstantive change. 

SECTION 5.  Effective date: September 1, 2003.