By:  Denny (Senate Sponsor - Staples)                             H.B. No. 2152
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on State 
Affairs; May 20, 2003, reported favorably by the following vote:  
Yeas 8, Nays 0; May 20, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to automatic recounts of certain majority vote elections.          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2.022, Election Code, is amended to read 
as follows:     
	Sec. 2.022.  CONFLICTS WITH OTHER LAW.  (a)  Except as 
provided by Subsection (b), a [A] law outside this subchapter 
supersedes this subchapter to the extent of any conflict.
	(b)  Sections 2.023 and 2.028 supersede a law outside this 
subchapter to the extent of any conflict.
	SECTION 2.  Sections 2.023(b) and (c), Election Code, are 
amended to read as follows:
	(b)  If more than two candidates tie for the highest number 
of votes in the main election, an automatic recount shall be 
conducted in accordance with Chapter 216.  If the recount does not 
resolve the tie, the tied candidates shall cast lots to determine 
which two are to be the runoff candidates.
	(c)  If two or more candidates tie for the second highest 
number of votes in the main election, an automatic recount shall be 
conducted in accordance with Chapter 216.  If the recount does not 
resolve the tie, the tied candidates shall cast lots to determine 
which one is to be the second candidate in the runoff election.
	SECTION 3.  Section 2.028(a), Election Code, is amended to 
read as follows:  
	(a)  Except as provided by Subsection (c), if the candidates 
in a runoff election tie, an automatic recount shall be conducted in 
accordance with Chapter 216.  If the recount does not resolve the 
tie, the tied candidates [they] shall cast lots to determine the 
winner.
	SECTION 4.  Section 216.001, Election Code, is amended to 
read as follows:   
	Sec. 216.001.  APPLICABILITY OF CHAPTER.  This chapter 
applies only to an election that results in a tie vote as provided 
by Sections [Section] 2.002(i), 2.023(b) and (c), and 2.028.
	SECTION 5.  This Act takes effect September 1, 2003.                           



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