| 1 | 1 | | By: Bhojani, et al. (Senate Sponsor - Paxton) H.B. No. 4621 |
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| 2 | 2 | | (In the Senate - Received from the House May 15, 2023; |
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| 3 | 3 | | May 16, 2023, read first time and referred to Committee on State |
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| 4 | 4 | | Affairs; May 21, 2023, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 9, Nays 0; |
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| 6 | 6 | | May 21, 2023, sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR H.B. No. 4621 By: Hughes |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | COMMITTEE VOTE |
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| 12 | 12 | | YeaNayAbsentPNV |
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| 13 | 13 | | HughesX |
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| 14 | 14 | | PaxtonX |
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| 15 | 15 | | BettencourtX |
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| 16 | 16 | | BirdwellX |
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| 17 | 17 | | LaMantiaX |
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| 18 | 18 | | MenéndezX |
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| 19 | 19 | | MiddletonX |
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| 20 | 20 | | ParkerX |
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| 21 | 21 | | PerryX |
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| 22 | 22 | | SchwertnerX |
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| 23 | 23 | | ZaffiriniX |
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| 24 | 24 | | A BILL TO BE ENTITLED |
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| 25 | 25 | | AN ACT |
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| 26 | 26 | | relating to the authority to cancel certain elections on a measure. |
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| 27 | 27 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 28 | 28 | | SECTION 1. Subchapter D, Chapter 2, Election Code, is |
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| 29 | 29 | | amended by adding Section 2.083 to read as follows: |
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| 30 | 30 | | Sec. 2.083. CANCELLATION OF ELECTION DURING DECLARED |
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| 31 | 31 | | DISASTER. (a) In this section, "disaster" has the meaning assigned |
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| 32 | 32 | | by Section 418.004, Government Code. |
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| 33 | 33 | | (b) The authority that ordered an election on a measure may |
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| 34 | 34 | | request approval from the secretary of state to cancel the election |
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| 35 | 35 | | if: |
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| 36 | 36 | | (1) the governor issued a disaster declaration for a |
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| 37 | 37 | | disaster under Chapter 418, Government Code, covering an area |
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| 38 | 38 | | within the authority's jurisdiction; and |
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| 39 | 39 | | (2) the authority determines that the disaster makes |
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| 40 | 40 | | holding the election impossible. |
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| 41 | 41 | | (c) In determining whether to grant a request to cancel an |
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| 42 | 42 | | election on a measure under this section, the secretary of state |
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| 43 | 43 | | shall consider the circumstances of the disaster in the affected |
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| 44 | 44 | | area, including whether other elections in or near the area can be |
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| 45 | 45 | | conducted. |
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| 46 | 46 | | (d) If the secretary of state grants a request to cancel an |
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| 47 | 47 | | election on a measure under this section, the authority holding the |
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| 48 | 48 | | election shall post notice of the cancellation during early voting |
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| 49 | 49 | | by personal appearance and on election day, at each polling place |
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| 50 | 50 | | that would have been used for the election on the measure. |
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| 51 | 51 | | (e) If an election on a measure required following the |
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| 52 | 52 | | submission of a petition signed by a number of registered voters is |
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| 53 | 53 | | canceled under this section, the authority that ordered the |
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| 54 | 54 | | election shall order a new election on the measure for the first |
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| 55 | 55 | | available uniform election day after the canceled election. |
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| 56 | 56 | | SECTION 2. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2023. |
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| 61 | 61 | | * * * * * |
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