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A BILL TO BE ENTITLED
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AN ACT
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relating to certain activities near a polling place; changing the |
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elements of certain criminal offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.003(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if, during the voting period |
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and within 300 [100] feet of an outside door through which a voter |
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may enter the building in which a polling place is located, the |
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person: |
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(1) loiters; or |
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(2) electioneers for or against any candidate, |
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measure, or political party. |
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SECTION 2. Section 61.010(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), a person may not |
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wear a badge, insignia, emblem, or other similar communicative |
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device relating to a candidate, measure, or political party |
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appearing on the ballot, or to the conduct of the election, in the |
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polling place or within 300 [100] feet of any outside door through |
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which a voter may enter the building in which the polling place is |
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located. |
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SECTION 3. Sections 62.013(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) An election officer commits an offense if the officer |
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knowingly posts at a polling place, including the area within 300 |
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[100] feet of an outside door through which a voter may enter the |
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building in which the polling place is located, a sign, card, |
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poster, or other similar material that: |
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(1) is not authorized or required by law; or |
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(2) is in a form or contains information that is not |
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authorized or required by law. |
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(b) A person other than an election officer commits an |
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offense if the person posts a sign, card, poster, or other similar |
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material at a polling place, including the 300-foot [100-foot] area |
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described by Subsection (a). |
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SECTION 4. Section 85.036(a), Election Code, is amended to |
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read as follows: |
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(a) During the time an early voting polling place is open |
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for the conduct of early voting, a person may not electioneer for or |
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against any candidate, measure, or political party in or within 300 |
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[100] feet of an outside door through which a voter may enter the |
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building or structure in which the early voting polling place is |
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located. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2021. |