HBA-LCA H.B. 2056 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2056 By: Yarbrough Elections 3/26/1999 Introduced BACKGROUND AND PURPOSE Texas law provides that losing candidates in legislative elections may challenge election results. The Election Code sets forth the challenge procedure, which involves an initial recount of ballots cast and may continue to the house of representatives or senate as a full election challenge. In 1993, the 73rd Texas Legislature set the amount of a security bond to cover filing a full challenge in the house of representatives or senate as $5000. H.B. 2056 increases that amount to $10,000 to more adequately reflect the cost of a challenge, and establishes a deadline for filing the security cost. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 241.0061, Election Code, as follows: Sec. 241.0061. SECURITY FOR COSTS. (a) Provides that a person contesting a legislative election must file, with the secretary of the senate or the chief clerk of the house, a cost bond payable to the appropriate house in the amount of $10,000, rather than $5,000, or a cash deposit in the form of a cashier's check. (b) Requires an affidavit of inability to pay costs to be in the form generally applicable to a civil suit in district court. Makes nonsubstantive and conforming changes. (c) Provides that security for costs filed by mail under Subsection (a) is considered to be filed at the time of its receipt by the appropriate authority. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.