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.