By: Danburg H.B. No. 75
73R591 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures; providing
1-3 criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.012, Election Code, is amended by
1-6 adding Subsection (c) to read as follows:
1-7 (c) Except as otherwise provided by this code or the open
1-8 records law, Chapter 424, Acts of the 63rd Legislature, Regular
1-9 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
1-10 all election records are public information.
1-11 SECTION 2. Subchapter A, Chapter 31, Election Code, is
1-12 amended by adding Sections 31.006 and 31.007 to read as follows:
1-13 Sec. 31.006. REFERRAL OF COMPLAINT TO ATTORNEY GENERAL. If,
1-14 after receiving a complaint alleging criminal conduct in connection
1-15 with an election, the secretary of state determines that there is
1-16 reasonable cause to suspect that the alleged criminal conduct
1-17 occurred, the secretary shall promptly refer the complaint to the
1-18 attorney general. The secretary shall deliver to the attorney
1-19 general all pertinent documents in the secretary's possession.
1-20 Sec. 31.007. GIFTS AND GRANTS. The secretary of state may
1-21 accept gifts, grants, and donations from any public or private
1-22 entity for the purpose of funding any duties or functions of the
1-23 secretary under this code or any election processes or procedures
1-24 authorized by law.
2-1 SECTION 3. Section 31.122, Election Code, is amended to read
2-2 as follows:
2-3 Sec. 31.122. Office Hours of Election Authority During
2-4 Election Period. Except as provided by Section 31.123, each county
2-5 clerk, city secretary, or secretary of the governing body of a
2-6 political subdivision other than a county or city or the authority
2-7 performing the duties of a secretary under this code shall keep his
2-8 office open for election duties for at least three hours each day,
2-9 during regular office hours, on regular business days during the
2-10 period:
2-11 (1) beginning not later than the 50th <40th> day
2-12 before the date of each general election of the political
2-13 subdivision or the third day after the date a special election is
2-14 ordered by an authority of the political subdivision; and
2-15 (2) ending not earlier than the 40th day after
2-16 election day.
2-17 SECTION 4. Section 32.052, Election Code, is amended to read
2-18 as follows:
2-19 Sec. 32.052. INELIGIBILITY OF PUBLIC OR PARTY OFFICER. (a)
2-20 A person who holds an elective public office or the party office of
2-21 county chairman is ineligible to serve as an election judge or
2-22 clerk in an election.
2-23 (b) For purposes of this section, a deputy or assistant
2-24 serving under a public officer does not hold a public office.
2-25 SECTION 5. Section 32.053, Election Code, is amended to read
2-26 as follows:
2-27 Sec. 32.053. INELIGIBILITY OF CANDIDATE FOR PUBLIC OR PARTY
3-1 OFFICE. (a) A person is ineligible to serve as an election judge
3-2 or clerk in an election if the person is a candidate for a public
3-3 office or the party office of county chairman in an election to be
3-4 held on the same day.
3-5 (b) In this section, "candidate" means a person who has
3-6 taken affirmative action, as described by the law regulating
3-7 political funds and campaigns, for the purpose of gaining
3-8 nomination or election.
3-9 SECTION 6. Section 32.091(a), Election Code, is amended to
3-10 read as follows:
3-11 (a) An election judge or clerk is entitled to compensation
3-12 for services rendered at a precinct polling place at an hourly rate
3-13 not to exceed $6 <$5>.
3-14 SECTION 7. Section 32.093, Election Code, is amended to read
3-15 as follows:
3-16 Sec. 32.093. Authority Fixing Compensation. The
3-17 compensation of election judges and clerks shall be fixed by the
3-18 following authority:
3-19 (1) for an election ordered by the governor or a
3-20 county authority, the commissioners court;
3-21 (2) for an election ordered by an authority of a
3-22 political subdivision other than a county, the political
3-23 subdivision's governing body; and
3-24 (3) for a primary election, the secretary of state
3-25 <county executive committee of the political party holding the
3-26 primary>.
3-27 SECTION 8. Section 33.051, Election Code, is amended by
4-1 amending Subsections (b), (c), and (d) to read as follows:
4-2 (b) The officer presented with a watcher's certificate of
4-3 appointment shall require the watcher to countersign the
4-4 certificate to ensure that the watcher is the same person who
4-5 signed the certificate. Except as provided by Subsection (c), a
4-6 <A> watcher who presents himself at the proper time with a
4-7 certificate of appointment shall be accepted for service unless the
4-8 person is ineligible to serve or the number of appointees to which
4-9 the appointing authority is entitled have already been accepted.
4-10 (c) A watcher may not be accepted for service if the watcher
4-11 has possession of any mechanical or electronic means of recording
4-12 images or sound. The presiding judge shall inquire whether a
4-13 watcher has possession of any prohibited recording device before
4-14 accepting the watcher for service.
4-15 (d) The certificate of a watcher serving at an early voting
4-16 polling place shall be retained at the polling place until voting
4-17 at the polling place is concluded. At each subsequent time that
4-18 the watcher reports for service, he shall inform the clerk or
4-19 deputy in charge. The officer may require the watcher to sign his
4-20 name in the officer's presence, for comparison with the signature
4-21 on the certificate, if the officer is uncertain of the watcher's
4-22 identity.
4-23 (e) <(d)> If a watcher is not accepted for service, the
4-24 certificate of appointment shall be returned to the watcher with a
4-25 signed statement of the reason for the rejection.
4-26 SECTION 9. Section 33.056, Election Code, is amended by
4-27 adding Subsection (e) to read as follows:
5-1 (e) A watcher is entitled while on duty to use a telephone
5-2 that is available at the location at which the watcher is serving
5-3 only to report an occurrence that the watcher believes to be an
5-4 irregularity or violation of law committed by the presiding judge
5-5 or to report general information about the election that does not
5-6 violate Section 61.007 or any other prohibition or restriction
5-7 prescribed by law. A portable telephone possessed by a watcher
5-8 must be checked with the presiding judge while not in use. The
5-9 watcher must inform the presiding judge of the watcher's intention
5-10 to use the telephone. An election officer is entitled to remain
5-11 within hearing distance of the watcher while the telephone is being
5-12 used. A telephone may not be used by a watcher in the presence or
5-13 within hearing distance of the voters or in a room in which ballots
5-14 are being counted.
5-15 SECTION 10. Section 43.033(a), Election Code, is amended to
5-16 read as follows:
5-17 (a) No charge, including a charge for personnel, utilities,
5-18 or other expenses incurred before or after regular business hours,
5-19 may be made for the use of a public building for a polling place if
5-20 the day of the election is a day on which the building is normally
5-21 open for business. If the day of the election is a day on which
5-22 the building is not normally open for business, a charge may be
5-23 made only for reimbursement for the actual expenses resulting from
5-24 use of the building in the election.
5-25 SECTION 11. Section 52.0064, Election Code, is amended by
5-26 adding Subsection (d) to read as follows:
5-27 (d) The authority responsible for having the official ballot
6-1 prepared shall prepare a record of the incorrect ballots that are
6-2 destroyed. The authority shall preserve the record for the period
6-3 for preserving the precinct election records.
6-4 SECTION 12. Section 63.009, Election Code, is amended to
6-5 read as follows:
6-6 Sec. 63.009. Voter Without Certificate Who Is Not on List.
6-7 (a) A voter who does not present a voter registration certificate
6-8 when offering to vote, and whose name is not on the list of
6-9 registered voters for the precinct in which he is offering to vote,
6-10 shall <may> be accepted for voting if:
6-11 (1) an election officer can determine from the voter
6-12 registrar that the person is a registered voter of the county<;>
6-13 and
6-14 <(2)> the voter executes the affidavits required by
6-15 Sections 63.007 and 63.008; or
6-16 (2) the voter executes an affidavit in accordance with
6-17 Section 63.010.
6-18 (b) After the voter is accepted under Subsection (a)(1), an
6-19 election officer shall indicate beside the voter's name on the poll
6-20 list that the voter was accepted under this section.
6-21 SECTION 13. Sections 63.010(a) and (d), Election Code, are
6-22 amended to read as follows:
6-23 (a) The eligibility of a person offering to vote may be
6-24 challenged by an election officer, watcher, or any other person
6-25 lawfully in the polling place. An election officer may not refuse
6-26 to accept a voter without informing the voter of the voter's right
6-27 to vote under the challenge procedure prescribed by this section.
7-1 (d) The presiding judge shall inform a voter of a challenge
7-2 and of the issues raised by the challenge. The presiding judge may
7-3 request a voter to present proof of identification, if available.
7-4 A voter's failure to present proof of identification does not
7-5 affect the voter's right to vote under this section.
7-6 SECTION 14. Section 65.007, Election Code, is amended by
7-7 amending Subsection (b) and adding Subsection (d) to read as
7-8 follows:
7-9 (b) Except as provided by Subsection (c) or (d), each
7-10 straight-party vote shall be tallied for the party receiving the
7-11 vote instead of being tallied for the individual candidates of the
7-12 party. The total number of straight-party votes tallied for each
7-13 party shall be added to the total votes received for each of the
7-14 party nominees individually.
7-15 (d) If a ballot indicates straight-party votes for more than
7-16 one party, those votes may not be tallied and a vote shall be
7-17 counted for each candidate receiving an individual vote if no other
7-18 individual votes are received in that race. If no candidate
7-19 receives an individual vote, the portion of the ballot for offices
7-20 may not be counted.
7-21 SECTION 15. Section 65.010(a), Election Code, is amended to
7-22 read as follows:
7-23 (a) The following ballots may not be counted:
7-24 (1) a ballot that is not provided to the voter at the
7-25 polling place; <or>
7-26 (2) two or more ballots that are folded together in a
7-27 manner indicating that they were folded together when deposited in
8-1 the ballot box;
8-2 (3) a write-in envelope containing a write-in vote
8-3 without an attached ballot; or
8-4 (4) a ballot that has not been deposited in the ballot
8-5 box used for the deposit of marked ballots.
8-6 SECTION 16. Section 65.011, Election Code, is amended to
8-7 read as follows:
8-8 Sec. 65.011. Overvoting. Except as provided by Section
8-9 65.007(c) or (d), if a voter marks the ballot for more candidates
8-10 for an office than the number of persons to be elected for that
8-11 office, none of the votes may be counted for that office.
8-12 SECTION 17. Section 66.051(d), Election Code, is amended to
8-13 read as follows:
8-14 (d) The presiding judge shall deliver envelope no. 4 in
8-15 person to the voter registrar. If the voter registrar is
8-16 unavailable, the envelope shall be delivered to the general
8-17 custodian of election records, who shall deliver it to the voter
8-18 registrar on the next business day.
8-19 SECTION 18. Section 67.003, Election Code, is amended to
8-20 read as follows:
8-21 Sec. 67.003. Time for Local Canvass. <(a)> Each local
8-22 canvassing authority shall convene to conduct the local canvass not
8-23 earlier than the second day or later than the sixth day after
8-24 election day at the time set by the canvassing authority's
8-25 presiding officer.
8-26 <(b) This section does not apply to a local option election
8-27 under the Alcoholic Beverage Code.>
9-1 SECTION 19. Section 67.004(a), Election Code, is amended to
9-2 read as follows:
9-3 (a) At the time set for convening the canvassing authority
9-4 for the local canvass, the presiding officer of the canvassing
9-5 authority shall deliver the sealed precinct returns to the
9-6 authority. The authority shall open the returns for each precinct
9-7 and canvass them as provided by this section. Two members of the
9-8 authority constitute a quorum for purposes of canvassing an
9-9 election.
9-10 SECTION 20. Section 67.011(b), Election Code, is amended to
9-11 read as follows:
9-12 (b) If a county's election returns are incomplete or
9-13 missing, the legislature may substitute the secretary of state's
9-14 tabulation for that county or may obtain the necessary information
9-15 from the county. On request of the legislature, the secretary of
9-16 state or the county shall promptly transmit the information to the
9-17 legislature by the most expeditious means available.
9-18 (c) On completion of the canvass, the speaker of the house
9-19 of representatives shall deliver the county returns to the
9-20 secretary of state, who shall retain them for the period for
9-21 preserving precinct election records.
9-22 SECTION 21. Section 67.012, Election Code, is amended to
9-23 read as follows:
9-24 Sec. 67.012. TIME FOR CANVASS BY GOVERNOR. (a) The
9-25 governor shall conduct the state canvass not earlier than the 15th
9-26 or later than the 30th day after election day at the time set by
9-27 the secretary of state.
10-1 (b) The secretary of state shall post, on the bulletin board
10-2 used for posting notice of meetings of state governmental bodies, a
10-3 notice of the date, hour, and place of the canvass at least 72
10-4 hours before the canvass is conducted.
10-5 SECTION 22. Section 122.001(b), Election Code, is amended to
10-6 read as follows:
10-7 (b) A voting system may not be used in an election in which
10-8 straight-party voting is permitted unless the system permits or
10-9 prevents, as applicable, counting votes in accordance with Sections
10-10 <Section> 65.007(c) and (d).
10-11 SECTION 23. Subchapter A, Chapter 122, Election Code, is
10-12 amended by adding Section 122.005 to read as follows:
10-13 Sec. 122.005. VENUE FOR OFFENSES. An offense under this
10-14 chapter may be prosecuted in Travis County or in any other county
10-15 authorized by law.
10-16 SECTION 24. Section 122.031, Election Code, is amended by
10-17 adding Subsections (c) and (d) to read as follows:
10-18 (c) A person commits an offense if the person executes a
10-19 contract to sell, lease, or otherwise provide a voting system or
10-20 voting system equipment that the person knows has not been
10-21 approved. An offense under this subsection is a Class A
10-22 misdemeanor.
10-23 (d) This section does not prohibit a person from exhibiting
10-24 a voting system or unit of voting system equipment that has not
10-25 been approved.
10-26 SECTION 25. Section 122.034(c), Election Code, is amended to
10-27 read as follows:
11-1 (c) The secretary of state shall prescribe fees for the
11-2 submission of applications under this section in amounts reasonably
11-3 necessary to administer this subchapter and compensate examiners
11-4 appointed by the secretary.
11-5 SECTION 26. Section 122.035, Election Code, is amended to
11-6 read as follows:
11-7 Sec. 122.035. Appointment of Examiners. (a) On submission
11-8 of an application for approval of a voting system or voting system
11-9 equipment, the secretary of state shall appoint four <three>
11-10 persons as examiners, one of whom must be a full-time employee of
11-11 the secretary. The attorney general <or the general's designee>
11-12 shall appoint two persons as examiners, one of whom must be a
11-13 full-time employee of the general <also serve as an examiner>.
11-14 (b) Two of the secretary of state's appointees must have
11-15 demonstrated ability and experience in mechanics or electronics
11-16 appropriate to the system or equipment to be examined, and two of
11-17 the secretary's appointees <one appointee> must have demonstrated
11-18 knowledge of and experience in election law and procedure.
11-19 (c) Only one <A> person employed by the secretary of state
11-20 may be appointed <is ineligible for appointment>.
11-21 (d) A person who has a pecuniary interest in the
11-22 manufacturing or marketing of any part of a voting system or voting
11-23 system equipment is ineligible for appointment.
11-24 SECTION 27. Section 122.037, Election Code, is amended to
11-25 read as follows:
11-26 Sec. 122.037. Compensation of Examiners. (a) Each examiner
11-27 appointed under this subchapter, other than an employee of the
12-1 secretary of state or attorney general, <by the secretary of state>
12-2 is entitled to compensation <in an amount set by the secretary of
12-3 state> for services rendered in connection with an application.
12-4 (b) The secretary of state shall set the amount of
12-5 compensation for examiners appointed by the secretary and shall use
12-6 the application fees collected under Section 122.034 to pay the
12-7 compensation <to examiners>.
12-8 (c) The attorney general shall set the amount of
12-9 compensation for an examiner appointed by the general and shall pay
12-10 the compensation from funds available to the general.
12-11 SECTION 28. Section 122.066(a), Election Code, is amended to
12-12 read as follows:
12-13 (a) The secretary of state shall prescribe an examination
12-14 fee or fee schedule to compensate examiners appointed by the
12-15 secretary under this subchapter.
12-16 SECTION 29. Section 122.067, Election Code, is amended to
12-17 read as follows:
12-18 Sec. 122.067. Appointment of Examiners. (a) If the
12-19 secretary of state requires an independent examination of the
12-20 modified system or equipment, the secretary shall appoint four
12-21 persons as <two or three> examiners, one of whom must be a
12-22 full-time employee of the secretary <for the examination, the
12-23 number to be determined by the secretary>. The attorney general
12-24 <or the general's designee> shall appoint two persons as examiners,
12-25 one of whom must be a full-time employee of the general <also serve
12-26 as an examiner>.
12-27 (b) To be eligible for appointment as an examiner under this
13-1 section, a person must be eligible for appointment as an examiner
13-2 for an application for initial approval of a system or equipment.
13-3 Only one employee of the secretary of state may be appointed.
13-4 (c) Two <One> of the secretary of state's appointees must
13-5 have demonstrated ability and experience in mechanics or
13-6 electronics appropriate to the system or equipment to be examined.
13-7 SECTION 30. Section 122.069, Election Code, is amended to
13-8 read as follows:
13-9 Sec. 122.069. Compensation of Examiners. (a) Subject to
13-10 Subsections (b) and (c), an examiner appointed by the secretary of
13-11 state under this subchapter, other than the secretary's employee,
13-12 is entitled to compensation in an amount set by the secretary.
13-13 (b) The compensation rate for each examiner appointed by the
13-14 secretary of state for the same examination must be uniform.
13-15 (c) The total compensation paid to the examiners appointed
13-16 by the secretary of state for the same examination may not exceed
13-17 the examination fee.
13-18 (d) The secretary of state shall use the examination fees
13-19 collected under Section 122.066 to pay the compensation to
13-20 examiners appointed by the secretary.
13-21 (e) An examiner appointed by the attorney general under this
13-22 subchapter, other than an employee of the general, is entitled to
13-23 compensation in an amount set by the general. The attorney general
13-24 shall pay the compensation from funds available to the general.
13-25 SECTION 31. Subchapter D, Chapter 122, Election Code, is
13-26 amended by adding Section 122.0911 to read as follows:
13-27 Sec. 122.0911. ASSISTANCE REQUIRED BY SECRETARY OF STATE.
14-1 (a) If the secretary of state determines that the assistance of a
14-2 particular person is necessary for the proper and efficient
14-3 reexamination of a voting system or voting system equipment under
14-4 this subchapter, the secretary may require that person to provide
14-5 the necessary assistance as provided by this section.
14-6 (b) The secretary of state shall deliver written notice to a
14-7 person whose assistance is required not later than 72 hours before
14-8 the reexamination is scheduled to occur. The notice must state:
14-9 (1) that the person is required to provide assistance
14-10 under Section 122.0911, Election Code;
14-11 (2) the nature of the assistance that is required; and
14-12 (3) the time and place of the reexamination.
14-13 (c) A person who, after proper notice, fails to provide the
14-14 assistance required by the secretary of state is civilly liable to
14-15 the state for $100 for each day that the person fails to comply.
14-16 The secretary of state shall notify the attorney general to
14-17 initiate suit to recover the penalty.
14-18 SECTION 32. Section 122.091(c), Election Code, is amended to
14-19 read as follows:
14-20 (c) The secretary of state may prescribe fees in amounts
14-21 reasonably necessary to administer this subchapter and compensate
14-22 examiners appointed by the secretary.
14-23 SECTION 33. Section 122.092, Election Code, is amended to
14-24 read as follows:
14-25 Sec. 122.092. Appointment of Examiners. (a) The secretary
14-26 of state shall appoint four <two> persons as examiners, one of whom
14-27 must be a full-time employee of the secretary, to assist in a
15-1 reexamination of an approved voting system or voting system
15-2 equipment. The attorney general <or the general's designee> shall
15-3 appoint two persons as examiners, one of whom must be a full-time
15-4 employee of the general <also serve as an examiner>.
15-5 (b) Two of the secretary of state's appointees <Each
15-6 appointee> must have demonstrated knowledge of and experience in
15-7 the operation of the system or equipment.
15-8 (c) Only one <A> person employed by the secretary of state
15-9 may be appointed <is ineligible for appointment>.
15-10 (d) A person who has a pecuniary interest in the
15-11 manufacturing or marketing of any part of a voting system or voting
15-12 system equipment is ineligible for appointment.
15-13 SECTION 34. Section 122.094, Election Code, is amended to
15-14 read as follows:
15-15 Sec. 122.094. COMPENSATION OF EXAMINERS. (a) An examiner
15-16 appointed under this subchapter, other than an employee of <by> the
15-17 secretary of state or attorney general, is entitled to compensation
15-18 for services rendered in connection with a reexamination <in an
15-19 amount set by the secretary>.
15-20 (b) The secretary of state shall set the amount of
15-21 compensation for examiners appointed by the secretary and shall use
15-22 the fees collected under Section 122.091 to pay the compensation
15-23 <to examiners>.
15-24 (c) The attorney general shall set the amount of
15-25 compensation for an examiner appointed by the general and shall pay
15-26 the compensation from funds available to the general.
15-27 SECTION 35. Section 123.031(a), Election Code, is amended to
16-1 read as follows:
16-2 (a) A county may contract to acquire the equipment necessary
16-3 for operating a voting system by purchase, lease, or other means.
16-4 SECTION 36. Sections 123.032(a) and (b), Election Code, are
16-5 amended to read as follows:
16-6 (a) A political subdivision other than a county may contract
16-7 to acquire the equipment necessary for operating a voting system as
16-8 provided by this section.
16-9 (b) A political subdivision may <contract to> lease the
16-10 equipment from a county in which the political subdivision is
16-11 wholly or partly situated. If the desired equipment is not
16-12 available from the county, the political subdivision may acquire it
16-13 by purchase, lease, or other means from any other source.
16-14 SECTION 37. Subchapter B, Chapter 123, Election Code, is
16-15 amended by adding Sections 123.035 and 123.036 to read as follows:
16-16 Sec. 123.035. VOTING SYSTEM EQUIPMENT CONTRACT. (a) A
16-17 contract for the acquisition of voting system equipment under this
16-18 subchapter must be in writing and incorporate before execution:
16-19 (1) a letter from the secretary of state stating that
16-20 the voting system and voting system equipment being acquired
16-21 satisfy the applicable requirements for approval; and
16-22 (2) a certified copy of the written order issued by
16-23 the secretary under Section 122.038 or 122.070 approving the voting
16-24 system and voting system equipment for use in elections and, if
16-25 applicable, of the written order issued under Section 122.095
16-26 granting conditional approval of the system or equipment.
16-27 (b) A contract that does not comply with Subsection (a) is
17-1 void. The contract may not be ratified by either party and a
17-2 payment may not be made relating to the contract.
17-3 (c) A person commits an offense if the person executes a
17-4 voting system equipment contract that does not comply with
17-5 Subsection (a). An offense under this subsection is a Class B
17-6 misdemeanor.
17-7 Sec. 123.036. VENUE FOR OFFENSES. An offense under this
17-8 chapter may be prosecuted in Travis County or in any other county
17-9 authorized by law.
17-10 SECTION 38. Chapter 123, Election Code, is amended by adding
17-11 Subchapter C to read as follows:
17-12 SUBCHAPTER C. SEMIANNUAL VOTING SYSTEM REPORT
17-13 Sec. 123.061. SEMIANNUAL REPORT REQUIRED. (a) Each
17-14 authority adopting a voting system for use in its elections shall
17-15 file a semiannual report as provided by this subchapter.
17-16 (b) A report must be filed with the secretary of state in
17-17 the form prescribed by the secretary.
17-18 Sec. 123.062. FILING DEADLINE. One report must be filed on
17-19 or after January 1 and before January 15. A second report must be
17-20 filed on or after July 1 and before July 15.
17-21 Sec. 123.063. CONTENTS OF REPORT. A report must contain:
17-22 (1) a description of the voting system currently used
17-23 by the authority;
17-24 (2) a copy of the written order issued by the
17-25 secretary of state under Section 122.038 or 122.070 approving the
17-26 voting system and voting system equipment for use in elections and,
17-27 if applicable, of the written order issued under Section 122.095
18-1 granting conditional approval of the system or equipment; and
18-2 (3) a statement that the voting system currently used
18-3 by the authority has not been modified since the date of filing of
18-4 the authority's previous report, or if modified, that approval of
18-5 the modified design has been sought under Subchapter C, Chapter
18-6 122.
18-7 Sec. 123.064. REVIEW OF REPORT. (a) The secretary of state
18-8 shall review each report filed under this subchapter not later than
18-9 the 30th day after the date of the filing deadline for the report.
18-10 (b) The secretary of state shall deliver a written
18-11 delinquency notice to each authority that filed a report covering
18-12 the previous reporting period but that fails to file a report
18-13 covering the current reporting period.
18-14 (c) The secretary of state shall deliver to the attorney
18-15 general the name of each authority that fails to file a report
18-16 covering the current reporting period within 30 days after the date
18-17 of receipt of a delinquency notice.
18-18 Sec. 123.065. MANDAMUS BY ATTORNEY GENERAL. The attorney
18-19 general shall seek a writ of mandamus to compel the filing of a
18-20 report by each authority that fails to comply with this subchapter.
18-21 Sec. 123.066. ADDITIONAL PROCEDURES PRESCRIBED BY SECRETARY
18-22 OF STATE. The secretary of state shall prescribe any procedures
18-23 necessary to implement this subchapter.
18-24 SECTION 39. Section 124.063, Election Code, is amended by
18-25 adding a new Subsection (d) and by relettering the subsequent
18-26 subsections to read as follows:
18-27 (d) An electronic system ballot on which a voter indicates a
19-1 vote by punching a hole in the ballot must contain the following
19-2 instruction following the other required instructions: "Check your
19-3 ballot after voting to make sure that the holes are actually
19-4 punched through."
19-5 (e) <(d)> The electronic system ballot must contain
19-6 instructions for casting a write-in vote. The secretary of state
19-7 shall prescribe the wording of the instructions.
19-8 (f) <(e)> The electronic system ballot for an election in
19-9 which straight-party voting is allowed must contain the instruction
19-10 prescribed by Section 52.071(b) with the language relating to
19-11 placing an "X" in the party square changed as appropriate to
19-12 accommodate the method by which the voter indicates a vote.
19-13 (g) <(f)> The instructions required by this section may be
19-14 placed on the punch-card ballot label instead of on the punch-card
19-15 ballot.
19-16 SECTION 40. Section 127.002(d), Election Code, is amended to
19-17 read as follows:
19-18 (d) The general custodian of election records is eligible
19-19 for appointment notwithstanding the custodian's status as a
19-20 candidate or officeholder.
19-21 SECTION 41. Section 127.005(b), Election Code, is amended to
19-22 read as follows:
19-23 (b) Except as otherwise provided by this section, the
19-24 eligibility requirements prescribed by this code for precinct
19-25 presiding judges apply to a presiding judge of a central counting
19-26 station. To be eligible to serve as a judge under this section, a
19-27 person must be a qualified voter of the political subdivision
20-1 served by the authority adopting the voting system. The general
20-2 custodian of election records and employees of the custodian are
20-3 eligible to serve as a judge under this section notwithstanding the
20-4 custodian's status as a candidate or officeholder.
20-5 SECTION 42. Section 127.096(a), Election Code, is amended to
20-6 read as follows:
20-7 (a) The custodian of the automatic tabulating equipment
20-8 <presiding judge of the central counting station> shall publish
20-9 notice of the time and place of the test conducted under Section
20-10 127.093(b) in a newspaper, as provided by general law for official
20-11 publications by political subdivisions, at least 48 hours before
20-12 the date of the test.
20-13 SECTION 43. Sections 127.126(d) and (e), Election Code, are
20-14 amended to read as follows:
20-15 (d) A procedure other than duplication may not be used to
20-16 process a ballot subject to this section unless the procedure is
20-17 expressly authorized by the secretary of state.
20-18 (e) Each duplicate ballot must be clearly labeled
20-19 "Duplicate" and must bear the serial number of the original ballot.
20-20 (f) <(e)> The duplicate shall be substituted for the
20-21 original ballot in the ballots prepared for automatic counting.
20-22 The original shall be preserved with the other voted ballots for
20-23 the same period.
20-24 SECTION 44. Section 127.130, Election Code, is amended by
20-25 adding Subsection (d) to read as follows:
20-26 (d) In any manual count conducted under this code, a vote on
20-27 a ballot on which a voter indicates a vote by punching a hole in
21-1 the ballot may not be counted unless light is visible through the
21-2 hole.
21-3 SECTION 45. Section 127.201, Election Code, is amended to
21-4 read as follows:
21-5 Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
21-6 BALLOTS BY GENERAL CUSTODIAN. (a) To ensure the accuracy of the
21-7 tabulation of electronic voting system results, the general
21-8 custodian of election records shall conduct a manual count of all
21-9 the races in at least one percent of the election precincts or in
21-10 three precincts, whichever is greater, in which the electronic
21-11 voting system was used. Except as provided by Subsection (b), the
21-12 <The> custodian shall select the precincts at random and shall
21-13 begin the count not later than 72 hours after the polls close.
21-14 (b) In a general election for state and county officers,
21-15 primary election, or election on a proposed amendment to the state
21-16 constitution or other statewide measure submitted by the
21-17 legislature, the secretary of state shall select, in accordance
21-18 with rules adopted by the secretary, the precincts to be counted
21-19 under Subsection (a). The secretary shall notify the general
21-20 custodian of election records of the precincts selected under this
21-21 subsection not earlier than the day after election day.
21-22 (c) <(b)> Each candidate in the election is entitled to be
21-23 present at the count and is entitled to have a representative
21-24 present.
21-25 (d) <(c)> Not later than the third day after the date the
21-26 count is completed, the general custodian of election records shall
21-27 deliver a written report of the results of the count to the
22-1 secretary of state.
22-2 (e) <(d)> The secretary of state at any time may waive or
22-3 reinstate the requirements of this section for a particular
22-4 political subdivision.
22-5 SECTION 46. Subchapter A, Chapter 145, Election Code, is
22-6 amended by adding Section 145.006 to read as follows:
22-7 Sec. 145.006. INELIGIBILITY DEADLINE EXTENDED BY WEEKEND OR
22-8 HOLIDAY. Section 1.006 applies to the last day on which a
22-9 candidate may be declared ineligible to cause the candidate's name
22-10 to be omitted from the ballot.
22-11 SECTION 47. Section 146.023(c), Election Code, is amended to
22-12 read as follows:
22-13 (c) A candidate may not file a declaration of write-in
22-14 candidacy for more than one office. If a person files more than
22-15 one declaration of write-in candidacy in violation of this
22-16 subsection, each declaration filed subsequent to the first one
22-17 filed is invalid.
22-18 (d) A declaration of write-in candidacy is public
22-19 information immediately on its filing.
22-20 SECTION 48. Section 146.025, Election Code, is amended to
22-21 read as follows:
22-22 Sec. 146.025. FILING PERIOD <DEADLINE>. (a) A declaration
22-23 of write-in candidacy must be filed not later than 5 p.m. of the
22-24 60th day before general election day, except as otherwise provided
22-25 by this code. A declaration may not be filed earlier than the 30th
22-26 day before the date of the regular filing deadline.
22-27 (b) If a candidate whose name is to appear on the general
23-1 election ballot dies or is declared ineligible after the third day
23-2 before the date of the filing deadline prescribed by Subsection
23-3 (a), a declaration of write-in candidacy for the office sought by
23-4 the deceased or ineligible candidate may be filed not later than 5
23-5 p.m. of the 57th day before election day.
23-6 (c) A declaration of write-in candidacy filed by mail is
23-7 considered to be filed at the time of its receipt by the
23-8 appropriate authority.
23-9 SECTION 49. Section 146.030, Election Code, is amended to
23-10 read as follows:
23-11 Sec. 146.030. <INELIGIBLE> CANDIDATE NOT CERTIFIED. A
23-12 write-in candidate may not be certified for placement on the list
23-13 of write-in candidates if:
23-14 (1) the information on the candidate's declaration of
23-15 write-in candidacy indicates that the candidate is ineligible for
23-16 the office;
23-17 (2) facts indicating that the candidate is ineligible
23-18 are conclusively established by another public record; <or>
23-19 (3) the candidate is determined ineligible by a final
23-20 judgment of a court;
23-21 (4) the candidate's declaration of write-in candidacy
23-22 is invalid for the office under Section 146.023(c); or
23-23 (5) the certifying authority learns that the
23-24 candidate's name is to be omitted from the list under Section
23-25 146.0301.
23-26 SECTION 50. Subchapter B, Chapter 146, Election Code, is
23-27 amended by adding Section 146.0301 to read as follows:
24-1 Sec. 146.0301. WITHDRAWAL AS WRITE-IN CANDIDATE. (a) A
24-2 write-in candidate may not withdraw from the election after the
24-3 46th day before election day.
24-4 (b) To withdraw from the election, a write-in candidate must
24-5 file a written withdrawal request, signed and acknowledged by the
24-6 candidate, with the authority with whom the candidate's declaration
24-7 of write-in candidacy is required to be filed.
24-8 (c) A withdrawal request filed by mail is considered to be
24-9 filed at the time of its receipt by the appropriate authority.
24-10 (d) A candidate's name shall be omitted from the list of
24-11 write-in candidates if the candidate withdraws on or before the
24-12 46th day before election day.
24-13 (e) Not later than the day after the date the withdrawal
24-14 request is received, the appropriate authority shall deliver a
24-15 written notice of the withdrawal of any candidate previously
24-16 certified under Section 146.029 to the same authority to whom the
24-17 certification was delivered.
24-18 SECTION 51. Sections 146.031(b), (c), and (d), Election
24-19 Code, are amended to read as follows:
24-20 (b) A write-in candidate's name may not appear more than
24-21 once on the list.
24-22 (c) Copies of the list shall be distributed to the counting
24-23 officers in the election for use in counting write-in votes.
24-24 (d) <(c)> Copies of the list shall be distributed to each
24-25 presiding election judge with the other election supplies. A copy
24-26 of the list shall be posted in each polling place at each place
24-27 where an instruction poster is required to be posted.
25-1 (e) <(d)> The authority responsible for having the official
25-2 ballot prepared shall retain a copy of the list and preserve it for
25-3 the period for preserving the precinct election records.
25-4 SECTION 52. Section 172.022, Election Code, is amended to
25-5 read as follows:
25-6 Sec. 172.022. AUTHORITY WITH WHOM APPLICATION FILED. (a)
25-7 An application for a place on the general primary election ballot
25-8 must be filed with:
25-9 (1) the state chairman, for a statewide or district
25-10 <an> office <filled by voters of more than one county>; or
25-11 (2) the county chairman or the secretary, if any, of
25-12 the county executive committee, for a county or precinct <an>
25-13 office <filled by voters of a single county>.
25-14 (b) Not later than the day before the last day of the filing
25-15 period, the county chairman shall post on the bulletin board used
25-16 for posting notice of meetings of the commissioners court a notice
25-17 of the address at which the county chairman or secretary will be
25-18 available to receive applications on the last day of the filing
25-19 period. Section 1.006 does not apply to this subsection.
25-20 SECTION 53. Subchapter D, Chapter 173, Election Code, is
25-21 amended by adding Section 173.0831 to read as follows:
25-22 Sec. 173.0831. STATE PAYMENT OF START-UP PRIMARY FUNDS. (a)
25-23 Not later than the 30th day before the beginning date of the
25-24 regular filing period for public offices in the general primary
25-25 election, a county chairman may submit to the secretary of state a
25-26 written statement of estimated primary election expenses.
25-27 (b) Not later than the 10th day after the date the statement
26-1 is received, the secretary of state shall have disbursed to the
26-2 county chairman start-up funds in an amount equal to 10 percent of
26-3 the amount approved for and expended by the county chairman and
26-4 executive committee in the preceding general primary election.
26-5 SECTION 54. Section 173.084, Election Code, is amended by
26-6 adding Subsection (d) to read as follows:
26-7 (d) Any compensation claimed under Section 173.004 shall be
26-8 forfeited on the failure of a county chairman to file a timely
26-9 report.
26-10 SECTION 55. Subchapter A, Chapter 181, Election Code, is
26-11 amended by adding Section 181.0041 to read as follows:
26-12 Sec. 181.0041. REGISTRATION OF PARTY REQUIRED. A political
26-13 party that intends to make nominations under this chapter for the
26-14 general election for state and county officers must register with
26-15 the secretary of state, in the manner prescribed by the secretary,
26-16 not later than January 2 of the election year.
26-17 SECTION 56. Section 201.027, Election Code, is amended to
26-18 read as follows:
26-19 Sec. 201.027. New Office. If a new office is created, a
26-20 vacancy occurs on the effective date of the Act of the legislature
26-21 <statute> creating the office or on the date the order creating the
26-22 office is adopted.
26-23 SECTION 57. Section 202.003, Election Code, is amended to
26-24 read as follows:
26-25 Sec. 202.003. New Office. (a) Subject to Subsection (b),
26-26 an <An> election for the first full term of an office for which no
26-27 previous election has been held is governed by the same provisions
27-1 as an election for the remainder of an unexpired term, and for that
27-2 purpose, references in this chapter to an unexpired term include a
27-3 full term in the case of those offices.
27-4 (b) If an Act of the legislature creating an office
27-5 prescribes a date of creation that is later than the effective date
27-6 of the Act, and if an authority authorized to create the office at
27-7 an earlier date has not done so, the office shall appear on the
27-8 ballot as follows:
27-9 (1) if the date of creation occurs in an even-numbered
27-10 year, the office appears on the ballot in that even-numbered year;
27-11 (2) if the date of creation occurs on or before March
27-12 1 of an odd-numbered year, the office appears on the ballot in the
27-13 preceding even-numbered year; and
27-14 (3) if the date of creation occurs after March 1 of an
27-15 odd-numbered year, the office appears on the ballot in the
27-16 subsequent even-numbered year.
27-17 SECTION 58. Sections 203.012(b) and (c), Election Code, are
27-18 amended to read as follows:
27-19 (b) The governor shall conduct the state canvass not later
27-20 than the seventh day after election day.
27-21 (c) The secretary of state shall post, on the bulletin board
27-22 used for posting notice of meetings of state governmental bodies, a
27-23 notice of the date, hour, and place of the canvass at least 24
27-24 hours before the canvass is conducted.
27-25 (d) Section 1.006 does not apply to this section.
27-26 SECTION 59. Section 213.005(a), Election Code, is amended to
27-27 conform to Section 3, Chapter 288, Acts of the 71st Legislature,
28-1 Regular Session, 1989, to read as follows:
28-2 (a) A recount committee in a recount other than a recount on
28-3 automatic tabulating equipment shall function as one or more
28-4 counting teams composed of three members each. The recount
28-5 coordinator may <shall> appoint one member of each team.
28-6 SECTION 60. Section 213.013(i), Election Code, is amended to
28-7 read as follows:
28-8 (i) No mechanical or electronic means of recording images or
28-9 sound are allowed inside the room in which the recount is
28-10 conducted, or in any hallway or corridor in the building in which
28-11 the recount is conducted within 30 feet of the entrance to the
28-12 room, while the recount is in progress. However, on request of a
28-13 person entitled to appoint representatives to serve at the recount,
28-14 the recount committee chairman shall permit the person to photocopy
28-15 under the chairman's supervision any ballot, including any
28-16 supporting materials, challenged by the person or person's
28-17 representative. The person shall pay a reasonable charge for
28-18 making the copies and, if no photocopying equipment is available,
28-19 may supply that equipment at the person's expense. The person
28-20 shall provide a copy on request to another person entitled to
28-21 appoint representatives to serve at the recount.
28-22 SECTION 61. Section 271.006(b), Election Code, is amended to
28-23 read as follows:
28-24 (b) The joint early voting shall be conducted at the early
28-25 voting polling place or places at which and during the hours,
28-26 including any extended or weekend hours, that the early voting
28-27 clerk regularly conducts early voting for the clerk's political
29-1 subdivision.
29-2 SECTION 62. Section 273.001, Election Code, is amended by
29-3 amending Subsection (b) and adding Subsection (d) to read as
29-4 follows:
29-5 (b) A district or county attorney having jurisdiction or the
29-6 attorney general may conduct an investigation on his own initiative
29-7 to determine if criminal conduct occurred in connection with an
29-8 election. <The attorney general may conduct such an investigation
29-9 in connection with an election covering territory in more than one
29-10 county.>
29-11 (d) On referral of a complaint from the secretary of state
29-12 under Section 31.006, the attorney general shall investigate the
29-13 allegations.
29-14 SECTION 63. Section 273.021(a), Election Code, is amended to
29-15 read as follows:
29-16 (a) The attorney general may prosecute a criminal offense
29-17 prescribed by the election laws of this state <if the offense
29-18 occurs in connection with an election covering territory in more
29-19 than one county>.
29-20 SECTION 64. Sections 276.004(a) and (b), Election Code, are
29-21 amended to read as follows:
29-22 (a) A person commits an offense if, with respect to another
29-23 person over whom the person has authority in the scope of
29-24 employment, the person knowingly:
29-25 (1) refuses to permit the other person to be absent
29-26 from work on election day for the purpose of attending the polls to
29-27 vote; or
30-1 (2) subjects or threatens to subject the other person
30-2 to a penalty for attending the polls on election day to vote.
30-3 (b) It is an exception to the application of this section
30-4 that the person's conduct occurs in connection with an election in
30-5 which the polls are open on election day for voting for two
30-6 consecutive hours outside of the voter's working hours.
30-7 SECTION 65. Section 277.001, Election Code, is amended to
30-8 read as follows:
30-9 Sec. 277.001. APPLICABILITY OF CHAPTER. This chapter
30-10 applies to a petition authorized or required to be filed under a
30-11 law outside this code in connection with an election, except a
30-12 petition for<:>
30-13 <(1)> a local option election held under the Alcoholic
30-14 Beverage Code<; or>
30-15 <(2) an election held under Section 26.07 or 26.08,
30-16 Tax Code>.
30-17 SECTION 66. Section 277.002, Election Code, is amended by
30-18 amending Subsection (b) and adding Subsections (c) and (d) to read
30-19 as follows:
30-20 (b) The signature is the only information that <A voter
30-21 registration number> is <not> required to appear on the petition in
30-22 the signer's own handwriting.
30-23 (c) The use of ditto marks or abbreviations does not
30-24 invalidate a signature if the required information is reasonably
30-25 ascertainable.
30-26 (d) The omission of the state from the signer's residence
30-27 address does not invalidate a signature unless the political
31-1 subdivision from which the signature is obtained is situated in
31-2 more than one state.
31-3 SECTION 67. Chapter 277, Election Code, is amended by adding
31-4 Sections 277.0022 and 277.0023 to read as follows:
31-5 Sec. 277.0022. WITHDRAWAL OF SIGNATURE. (a) A signer may
31-6 not withdraw his signature from a petition on or after the date the
31-7 petition is received by the authority with whom it is required to
31-8 be filed. Before that date, a signer may withdraw his signature by
31-9 deleting the signature from the petition or by filing with the
31-10 authority with whom the petition is required to be filed an
31-11 affidavit requesting that his signature be withdrawn from the
31-12 petition.
31-13 (b) A withdrawal affidavit filed by mail is considered to be
31-14 filed at the time of its receipt by the appropriate authority.
31-15 (c) The withdrawal of a signature nullifies the signature on
31-16 the petition and places the signer in the same position as if he
31-17 had not signed the petition.
31-18 Sec. 277.0023. SUPPLEMENTING PETITION. (a) Except as
31-19 provided by Subsection (b), a petition may not be supplemented,
31-20 modified, or amended on or after the date it is received by the
31-21 authority with whom it is required to be filed unless expressly
31-22 authorized by law.
31-23 (b) If a petition is required to be filed by a specified
31-24 deadline, the petitioner may file one supplementary petition by
31-25 that deadline if the original petition contains a number of
31-26 signatures that exceeds the required minimum number by 10 percent
31-27 or more and is received by the authority with whom it is required
32-1 to be filed not later than the 10th day before the date of the
32-2 deadline. The authority shall notify the petitioner as to the
32-3 sufficiency of the petition not later than the fifth working day
32-4 after the date of its receipt.
32-5 SECTION 68. Section 26.07(b), Tax Code, is amended to read
32-6 as follows:
32-7 (b) A petition is valid only if:
32-8 (1) it states that it is intended to require an
32-9 election in the taxing unit on the question of reducing the tax
32-10 rate for the current year;
32-11 (2) it is signed by a number of registered <qualified>
32-12 voters of the taxing unit equal to at least 10 percent of the
32-13 number of registered <qualified> voters of the taxing unit
32-14 according to the most recent official list of registered
32-15 <qualified> voters <not counting the signatures of voters gathered
32-16 by a person who received compensation for circulating the
32-17 petition>; and
32-18 (3) it is submitted to the governing body on or before
32-19 the 90th day after the date on which the governing body adopted the
32-20 tax rate for the current year.
32-21 SECTION 69. Section 26.08(b), Tax Code, is amended to read
32-22 as follows:
32-23 (b) A petition is valid only if:
32-24 (1) it states that it is intended to require an
32-25 election in the school district on the question of limiting the tax
32-26 rate for the following year;
32-27 (2) it is signed by a number of registered <qualified>
33-1 voters of the school district equal to at least 10 percent of the
33-2 number of registered <qualified> voters of the district according
33-3 to the most recent official list of registered <qualified> voters
33-4 <not counting the signatures of voters gathered by a person who
33-5 received compensation for circulating the petition>; and
33-6 (3) it is submitted to the governing body on or before
33-7 the 90th day after the date on which the governing body adopted the
33-8 tax rate for the current year.
33-9 SECTION 70. Section 26.085(b), Tax Code, is amended to read
33-10 as follows:
33-11 (b) A petition is valid only if:
33-12 (1) it states that it is intended to require an
33-13 election on the question of limiting the amount of school district
33-14 tax funds to be dedicated to the junior college district for the
33-15 current year;
33-16 (2) it is signed by a number of registered <qualified>
33-17 voters of the school district equal to at least 10 percent of the
33-18 number of registered <qualified> voters of the school district
33-19 according to the most recent official list of registered
33-20 <qualified> voters<, not counting the signatures of voters gathered
33-21 by a person who received compensation for circulating the
33-22 petition>; and
33-23 (3) it is submitted to the governing body on or before
33-24 the 90th day after the date on which the governing body made the
33-25 dedication to the junior college district.
33-26 SECTION 71. Sections 130.033(b), (c), and (d), Education
33-27 Code, are amended to read as follows:
34-1 (b) In the case of a union junior college district, the
34-2 petition shall be signed by not fewer than 10 percent of the
34-3 registered voters <qualified taxpaying electors> of each of the
34-4 school districts within the territory of the proposed junior
34-5 college district and shall be presented to the county school board
34-6 or county school boards of the respective counties if the territory
34-7 encompasses more than one county; but if there is no county school
34-8 board, the petition shall be presented to the commissioners court
34-9 of the county or counties involved.
34-10 (c) In the case of a county junior college district, the
34-11 petition shall be signed by not fewer than 10 percent of the
34-12 registered voters <qualified taxpaying electors> of the proposed
34-13 college district and shall be presented to the county school board
34-14 of the county; but if there is no county school board, the petition
34-15 shall be presented to the commissioners court of the county.
34-16 (d) In case of a joint-county junior college district, the
34-17 petition shall be signed by not fewer than 10 percent of the
34-18 registered voters <qualified taxpaying electors> of each of the
34-19 proposed counties and shall be presented to the respective county
34-20 school boards of the counties to be included in the proposed
34-21 district; in case there is no county school board, the petition
34-22 shall be presented to the commissioners court of the county or
34-23 counties involved.
34-24 SECTION 72. Sections 130.062(b) and (c), Education Code, are
34-25 amended to read as follows:
34-26 (b) A petition requesting that such territory be added to
34-27 the junior college district signed by a majority of the registered
35-1 <qualified property taxpaying> voters of the territory may be
35-2 presented to the governing board of the junior college district.
35-3 (c) The board shall determine whether the petition is signed
35-4 by the required majority<, based upon the latest approved tax rolls
35-5 of the independent school district,> and if such determination is
35-6 affirmative and if the board shall also determine that the
35-7 facilities of the junior college district may be extended to cover
35-8 adequately the scholastics of the added territory, the board shall
35-9 pass an order admitting such territory. The order shall describe
35-10 by metes and bounds the junior college district as extended; and a
35-11 copy of the order shall be filed with the county superintendent.
35-12 Thereafter, the territory shall be a part of the junior college
35-13 district for all intents and purposes.
35-14 SECTION 73. Section 130.065(a), Education Code, is amended
35-15 to read as follows:
35-16 (a) If the annexation is by election, a petition signed by
35-17 five percent of the registered voters <property taxpaying electors>
35-18 in the territory seeking to be annexed shall be presented to the
35-19 county school board of the county, or to the commissioners court of
35-20 the county in case there is no county school board.
35-21 SECTION 74. Section 130.070(b), Education Code, is amended
35-22 to read as follows:
35-23 (b) The proposed disannexation and creation of a separate
35-24 junior college district shall be initiated by a petition signed by
35-25 not less than five percent (5%) of the registered voters <qualified
35-26 taxpaying electors> of the independent school district seeking
35-27 disannexation. The petition shall be presented to the board of
36-1 trustees of the independent school district seeking to be
36-2 disannexed, which shall pass upon the legality and genuineness of
36-3 the petition and forward the petition, if approved, to the
36-4 coordinating board.
36-5 SECTION 75. Section 251.51(a), Alcoholic Beverage Code, is
36-6 amended to read as follows:
36-7 (a) The <On the fifth day after the election, or as soon
36-8 after the fifth day as practicable, the> commissioners court shall
36-9 <meet in special session to> canvass the returns in accordance with
36-10 Chapter 67, Election Code. On completing the canvass, the
36-11 commissioners court shall make an order declaring the result and
36-12 cause the clerk of the commissioners court to record the order as
36-13 provided by law.
36-14 SECTION 76. (a) Any authority that acquired the equipment
36-15 necessary for operating a voting system before the effective date
36-16 of this Act shall promptly obtain the documents required by Section
36-17 123.035, Election Code, as added by this Act.
36-18 (b) An authority that fails to obtain the documents before
36-19 September 1, 1994, may not use the voting system in a future
36-20 election.
36-21 (c) The attorney general may seek a writ of injunction to
36-22 prevent a violation of Subsection (b) of this section. The
36-23 injunction shall be granted unless the authority:
36-24 (1) produces the necessary documentation in court; or
36-25 (2) proves that it submitted a written request for the
36-26 necessary documentation from the secretary of state not later than
36-27 three months after the effective date of this Act and that the
37-1 secretary has failed to respond to that request.
37-2 (d) If a writ of injunction is denied under Subsection
37-3 (c)(2) of this section, the attorney general shall seek a writ of
37-4 mandamus to compel the secretary of state to respond to the request
37-5 made by the authority.
37-6 (e) The changes in law made by this Act apply only to a
37-7 voting system equipment contract that is executed or renewed on or
37-8 after the effective date of this Act. A contract that was executed
37-9 and in force before that date is governed by the law as it existed
37-10 on the date of execution, and that law is continued in effect for
37-11 that purpose.
37-12 SECTION 77. For the primary election held in 1994, a written
37-13 statement may be submitted under Section 173.0831, as added by this
37-14 Act, not later than the 10th day after the effective date of this
37-15 Act.
37-16 SECTION 78. Section 276.002, Election Code, is repealed.
37-17 SECTION 79. This Act takes effect September 1, 1993.
37-18 SECTION 80. The importance of this legislation and the
37-19 crowded condition of the calendars in both houses create an
37-20 emergency and an imperative public necessity that the
37-21 constitutional rule requiring bills to be read on three several
37-22 days in each house be suspended, and this rule is hereby suspended.