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.