By: Bhojani, et al. (Senate Sponsor - Paxton) H.B. No. 4621
(In the Senate - Received from the House May 15, 2023;
May 16, 2023, read first time and referred to Committee on State
Affairs; May 21, 2023, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 21, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4621 By: Hughes
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to the authority to cancel certain elections on a measure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 2, Election Code, is
amended by adding Section 2.083 to read as follows:
Sec. 2.083. CANCELLATION OF ELECTION DURING DECLARED
DISASTER. (a) In this section, "disaster" has the meaning assigned
by Section 418.004, Government Code.
(b) The authority that ordered an election on a measure may
request approval from the secretary of state to cancel the election
if:
(1) the governor issued a disaster declaration for a
disaster under Chapter 418, Government Code, covering an area
within the authority's jurisdiction; and
(2) the authority determines that the disaster makes
holding the election impossible.
(c) In determining whether to grant a request to cancel an
election on a measure under this section, the secretary of state
shall consider the circumstances of the disaster in the affected
area, including whether other elections in or near the area can be
conducted.
(d) If the secretary of state grants a request to cancel an
election on a measure under this section, the authority holding the
election shall post notice of the cancellation during early voting
by personal appearance and on election day, at each polling place
that would have been used for the election on the measure.
(e) If an election on a measure required following the
submission of a petition signed by a number of registered voters is
canceled under this section, the authority that ordered the
election shall order a new election on the measure for the first
available uniform election day after the canceled election.
SECTION 2. This Act takes effect immediately 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
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