Monitoring the Session

SB 1439

Bettencourt’s bill expanding automatic recounts beyond ties

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Paul BettencourtRSenate 7

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to automatic recounts of certain elections.

Caption from analyzed text · version I.

Summary

Any race decided by one-half of one percent or less gets recounted.

The bill widens Texas's automatic recount law so it covers not just tie votes but also any candidate race or ballot measure decided by one-half of one percent or less of the votes cast. It changes how an automatic recount works: instead of a full recount by the original counting method, officials check a statistical sample of all electronic ballots and five percent of mail ballots, early voting sites and election day sites. If that sample shows discrepancies of 0.5 percent or more in any category, the recount authority must order a recount, and the secretary of state must write rules to carry this out starting September 1, 2025.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 2071 (Died in committee) and this bill (Died in committee). Checked against 88R only.DO-OVER. Reworked text of a bill filed before that died: 88R SB 2071 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Feb 19, 2025 and referred to the Senate State Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB1439 · 2025-02-19

SOLD BY

Sen. Paul BettencourtRSenate 7

ITEM

relating to automatic recounts of certain elections.

WHAT IT DOES

Any race decided by one-half of one percent or less gets recounted.

The bill widens Texas's automatic recount law so it covers not just tie votes but also any candidate race or ballot measure decided by one-half of one percent or less of the votes cast. It changes how an automatic recount works: instead of a full recount by the original counting method, officials check a statistical sample of all electronic ballots and five percent of mail ballots, early voting sites and election day sites. If that sample shows discrepancies of 0.5 percent or more in any category, the recount authority must order a recount, and the secretary of state must write rules to carry this out starting September 1, 2025.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to State Affairs
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Paul Bettencourt

Donors

Donors report through Friends of Paul Bettencourt.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 27, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 2071

by Sen. Bettencourt, same lead author · Died in committee · reworked

Introduced text

Last action, Apr 28, 2023: Referred to Elections

Relating to automatic recounts of certain elections.

Caption, 88R bill history

Sources

Texas Senate · Filed Feb 19, 2025

03/06/2025 S Referred to State Affairs

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · State Affairs · Final status: Died in committee

Subjects

Elections--Administration

Elections--Candidates

SECRETARY OF STATE

Text

The text as introduced · 286 words

89R7647 LRM-F

By: Bettencourt
S.B. No. 1439

A BILL TO BE ENTITLED

AN ACT

relating to automatic recounts of certain elections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 216.001, Election Code, is amended to

read as follows:

Sec. 216.001. APPLICABILITY OF CHAPTER. This chapter

applies only to an election that results in :

(1) a tie vote as provided by Sections 2.002(i),

2.023(b) and (c), and 2.028 ;

(2) a candidate defeated or eliminated by one-half of

one percent or less of the votes cast for that office; or

(3) a measure submitted to voters that is approved or

defeated by one-half of one percent or less of the votes cast on

that measure .

SECTION 2. Section 216.004, Election Code, is amended to

read as follows:

Sec. 216.004. COUNTING PROCEDURES. (a) The method of

counting votes in an automatic recount consists of using a

generally accepted sampling technique to sample the following for

discrepancies:

(1) 100 percent of electronic ballots;

(2) five percent of early voting ballots voted by

mail;

(3) five percent of the polling place locations

established for early voting; and

(4) five percent of the polling place locations

established for election day [ is the same method of counting used in

the election that resulted in the tie vote ].

(b) If the authority designated under Section 212.026

determines there are discrepancies of 0.5 percent or greater for

any of the four categories based on the statistical sample under

Subsection (a), the authority shall order a recount under Section

216.003.

(c) The secretary of state shall adopt rules and procedures

for the implementation of this section.

SECTION 3. This Act takes effect September 1, 2025.