73R504 DRH-D
By Danburg H.B. No. 76
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the accessibility of a polling place or a precinct
1-3 convention to the elderly and physically handicapped.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 43.034, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 43.034. Accessibility of Polling Place to the Elderly
1-8 and Physically Handicapped. (a) Each <Except as provided by this
1-9 section, each> polling place shall be accessible to and usable by
1-10 the elderly and physically handicapped. To be considered
1-11 accessible, a polling place must meet the following standards:
1-12 (1) the polling place must be on the ground-level
1-13 floor or be accessible from the ground-level floor by an elevator
1-14 with doors that provide an opening of at least 30 inches in width;
1-15 (2) doors, entrances, and exits used to enter or leave
1-16 the polling place must have a minimum width of 30 inches;
1-17 (3) any curb adjacent to the main entrance to a
1-18 polling place must have curb cuts or temporary nonslip ramps;
1-19 (4) any stairs necessary to enter or leave the polling
1-20 place must have a handrail and nonslip ramp; and
1-21 (5) the polling place may not have a barrier that
1-22 impedes the path of the physically handicapped to the voting
1-23 station.
1-24 (b) The <Subsection (a) does not apply to a temporary
2-1 polling place or a polling place in a nonpublic building. The
2-2 authority responsible for designating polling places may designate
2-3 a polling place in a public building without regard to Subsection
2-4 (a) if:>
2-5 <(1) an acceptable and accessible site is unavailable
2-6 within the precinct for the election; and>
2-7 <(2) it is anticipated that the site can be brought
2-8 into compliance with the standards by affirmative governmental
2-9 action.>
2-10 <(c) Not later than January 1, 1986, each commissioners
2-11 court shall provide a polling place that complies with Subsection
2-12 (a) in at least 60 percent of the county election precincts. Not
2-13 later than January 1, 1987, the commissioners court shall provide a
2-14 polling place that complies with Subsection (a) in at least 85
2-15 percent of the county election precincts. Not later than January
2-16 1, 1988, the> commissioners court shall provide a polling place
2-17 that complies with Subsection (a) in each county election precinct.
2-18 The site shall be made available for use as a polling place on
2-19 every day that an election may be held within the precinct by any
2-20 authority that holds elections. The commissioners court may make
2-21 expenditures from either the general fund or the permanent
2-22 improvement fund to bring an existing county-owned site into
2-23 compliance with Subsection (a).
2-24 (c) <(d)> The governing body of each political subdivision
2-25 that holds elections shall cooperate with the commissioners court
2-26 in its respective county in implementing this section and is
2-27 subject to the same requirements <deadlines> for compliance as
3-1 prescribed by Subsection (b) <(c)>. If the authority holding an
3-2 election rejects a county-designated polling place that is
3-3 available and chooses to use a different site of its own
3-4 designation, it shall provide a polling place that complies with
3-5 Subsection (a) at its own expense. A political party that is
3-6 holding a primary election may not reject an available
3-7 county-designated polling place without the prior consent of the
3-8 secretary of state.
3-9 SECTION 2. Section 174.022, Election Code, is amended by
3-10 adding Subsection (d) to read as follows:
3-11 (d) The location selected for a precinct convention must
3-12 meet the same requirements for access by elderly and physically
3-13 handicapped persons as a polling place under Section 43.034(a).
3-14 SECTION 3. This Act takes effect September 1, 1993.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended.