82R13713 DRH-D
 
  By: Harper-Brown H.B. No. 3751
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the presiding officers of the early voting ballot board
  and a recount committee used in certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 87.002, Election Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (e) to read
  as follows:
         (a)  Except as provided by Subsection (e), the [The] early
  voting ballot board consists of a presiding judge and at least two
  other members.
         (b)  Except as provided by Subsection (d) or (e), the
  presiding judge is appointed in the same manner as a presiding
  election judge. Except as provided by Subsections [Subsection] (c)
  and (e), the other members are appointed by the presiding judge in
  the same manner as the precinct election clerks.
         (e)  This subsection applies only to the general election for
  state and county officers held in a county with a population of more
  than 100,000. The county election board shall appoint a panel of
  three persons to perform the duties of the presiding judge under
  this chapter.  The county election board shall appoint to the panel
  two members from the list submitted under Subsection (c) by the
  party whose nominee for governor received the greatest number of
  votes in the county in the most recent gubernatorial election and
  one member from the list submitted by the party whose nominee for
  governor received the second greatest number of votes in the county
  in the most recent gubernatorial election. The function of the
  presiding judge under this chapter is performed by the panel as
  determined by majority vote of the panel, but the panel may
  designate one member as chair over procedural matters.
         SECTION 2.  Subchapter A, Chapter 213, Election Code, is
  amended by adding Section 213.0021 to read as follows:
         Sec. 213.0021.  PANEL TO ACT AS RECOUNT COMMITTEE CHAIR FOR
  CERTAIN ELECTIONS. (a) Notwithstanding Section 213.002, in the
  general election for state and county officers in a county with a
  population of more than 100,000, the recount supervisor shall
  appoint a panel of three persons to perform the duties of the
  recount committee chair under this title. The recount supervisor
  shall appoint:
               (1)  two members of the panel from a list submitted by
  the county chair of the party whose nominee for governor received
  the greatest number of votes in the county in the most recent
  gubernatorial election; and
               (2)  one member of the panel from a list submitted by
  the county chair of the party whose nominee for governor received
  the second greatest number of votes in the county in the most recent
  gubernatorial election.
         (b)  A decision of the panel is made by majority vote of the
  members of the panel. The panel may select one member as chair over
  procedural matters.
         SECTION 3.  This Act takes effect September 1, 2011.