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.