HBA-MSH H.J.R. 45 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 45
By: Tillery
Elections
2/20/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, in an election for the president of the United States the
electoral votes of Texas are not counted if the results of the election are
in contest when the deadline for the certification of electors passes.
During the last election cycle, the contest of the election results in
Florida raised the possibility that the state might lose its electoral
votes if its election results were not certified by the certification
deadline.  As proposed, House Joint Resolution 45 requires the submission
to the voters of a constitutional amendment requiring the governor to call
a special session of the legislature for the appointment of presidential
electors under certain circumstances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this resolution
does not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Joint Resolution 45 amends the Texas Constitution to require the
governor to convene the legislature in special session to appoint
presidential electors if the governor determines that a reasonable
likelihood exists that a final determination of the appointment of electors
will not occur before the deadline prescribed by law to ascertain a
conclusive determination of the appointment.  The resolution prohibits the
legislature from considering any other subject during such a special
session. 

FOR ELECTION

This proposed constitutional amendment shall be submitted to the voters at
an election to be held November 6, 2001.