85R556 JRJ-D     By: Schofield H.B. No. 1953       A BILL TO BE ENTITLED   AN ACT   relating to the canvass of election returns for the offices of   governor and lieutenant governor.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 67.008(c), Election Code, is amended to   read as follows:          (c)  The secretary of state shall [retain the returns in   their sealed condition until the first day of the next regular   legislative session, when the secretary shall] deliver the returns   to the attorney general [speaker of the house of representatives].          SECTION 2.  Section 67.011, Election Code, is amended to   read as follows:          Sec. 67.011.  COUNTY RETURNS CANVASSED BY ATTORNEY GENERAL   [LEGISLATURE]. (a) The county election returns for an election for   the office of governor or lieutenant governor shall be canvassed by   the attorney general [legislature and the official result declared   by the speaker of the house of representatives in accordance with   Article IV, Section 3, of the Texas Constitution].          (b)  If a county's election returns are incomplete or   missing, the attorney general [legislature] may substitute the   secretary of state's tabulation for that county or may obtain the   necessary information from the county. On request of the attorney   general [legislature], the secretary of state or the county shall   promptly transmit the information to the attorney general   [legislature] by the most expeditious means available.          (c)  On completion of the canvass, the attorney general   [speaker of the house of representatives] shall deliver the county   returns to the secretary of state, who shall retain them for the   period for preserving the precinct election records.          SECTION 3.  Section 67.014, Election Code, is amended to   read as follows:          Sec. 67.014.  DETERMINING OFFICIAL RESULT OF ELECTION   CANVASSED AT STATE LEVEL. The official result of an election   canvassed by the governor or by the attorney general [legislature]   is determined from the canvass of the county returns conducted by   that authority.          SECTION 4.  Section 67.015(e), Election Code, is amended to   read as follows:          (e)  If a discrepancy exists between the attorney general's   [legislature's] canvass of the election for governor or lieutenant   governor and the register entries pertaining to either of those   offices that are made from the secretary of state's tabulation, the   secretary shall make the entries in the register necessary to make   it correspond to the attorney general's [legislature's] canvass.          SECTION 5.  Section 145.003(e), Election Code, is amended to   read as follows:          (e)  In the case of a candidate for governor or lieutenant   governor, a declaration of ineligibility by the attorney general   [final canvassing authority's presiding officer] may not be made   after the final canvass for that office is completed.          SECTION 6.  Section 213.059(c), Election Code, is amended to   read as follows:          (c)  The recount supervisor shall deliver two copies of the   report prepared under Section 213.055 to the secretary of state.   The secretary shall use one copy for the tabulation of the votes   after the recount is completed. The secretary shall deliver the   other copy to the attorney general [speaker of the house of   representatives].          SECTION 7.  Section 242.003(d), Election Code, is amended to   read as follows:          (d)  The committee to which the contest is referred may treat   the tabulation as correct until the attorney general [speaker of   the house of representatives] opens and publishes the official   election returns. If a discrepancy exists between the tabulation   and the attorney general's [speaker's] official count that might be   material to a determination of the contest, the committee shall   investigate the discrepancy to ascertain, if possible, the correct   vote count.          SECTION 8.  This Act takes effect January 1, 2018, but only   if the constitutional amendment proposed by the 85th Legislature,   Regular Session, 2017, providing for the governor's and lieutenant   governor's terms of office to begin at 10 a.m. on the day preceding   the day the regular legislative session convenes is approved by the   voters.  If that proposed constitutional amendment is not approved   by the voters, this Act has no effect.