1-1 By: Danburg (Senate Sponsor - Carriker) H.B. No. 76
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Subcommittee on
1-4 Elections and Ethics; May 10, 1993, reported favorably by the
1-5 following vote: Yeas 4, Nays 0; May 10, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Carriker x
1-9 Harris of Dallas x
1-10 Ellis x
1-11 Henderson x
1-12 Luna x
1-13 Parker x
1-14 Wentworth x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the accessibility of a polling place or a precinct
1-18 convention to the elderly and physically handicapped.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Section 43.034, Election Code, is amended to read
1-21 as follows:
1-22 Sec. 43.034. Accessibility of Polling Place to the Elderly
1-23 and Physically Handicapped. (a) Each <Except as provided by this
1-24 section, each> polling place shall be accessible to and usable by
1-25 the elderly and physically handicapped. To be considered
1-26 accessible, a polling place must meet the following standards:
1-27 (1) the polling place must be on the ground-level
1-28 floor or be accessible from the ground-level floor by an elevator
1-29 with doors that provide an opening of at least 30 inches in width;
1-30 (2) doors, entrances, and exits used to enter or leave
1-31 the polling place must have a minimum width of 30 inches;
1-32 (3) any curb adjacent to the main entrance to a
1-33 polling place must have curb cuts or temporary nonslip ramps;
1-34 (4) any stairs necessary to enter or leave the polling
1-35 place must have a handrail and nonslip ramp; and
1-36 (5) the polling place may not have a barrier that
1-37 impedes the path of the physically handicapped to the voting
1-38 station.
1-39 (b) The <Subsection (a) does not apply to a temporary
1-40 polling place or a polling place in a nonpublic building. The
1-41 authority responsible for designating polling places may designate
1-42 a polling place in a public building without regard to Subsection
1-43 (a) if:>
1-44 <(1) an acceptable and accessible site is unavailable
1-45 within the precinct for the election; and>
1-46 <(2) it is anticipated that the site can be brought
1-47 into compliance with the standards by affirmative governmental
1-48 action.>
1-49 <(c) Not later than January 1, 1986, each commissioners
1-50 court shall provide a polling place that complies with Subsection
1-51 (a) in at least 60 percent of the county election precincts. Not
1-52 later than January 1, 1987, the commissioners court shall provide a
1-53 polling place that complies with Subsection (a) in at least 85
1-54 percent of the county election precincts. Not later than January
1-55 1, 1988, the> commissioners court shall provide a polling place
1-56 that complies with Subsection (a) in each county election precinct.
1-57 The site shall be made available for use as a polling place on
1-58 every day that an election may be held within the precinct by any
1-59 authority that holds elections. The commissioners court may make
1-60 expenditures from either the general fund or the permanent
1-61 improvement fund to bring an existing county-owned site into
1-62 compliance with Subsection (a).
1-63 (c) <(d)> The governing body of each political subdivision
1-64 that holds elections shall cooperate with the commissioners court
1-65 in its respective county in implementing this section and is
1-66 subject to the same requirements <deadlines> for compliance as
1-67 prescribed by Subsection (b) <(c)>. If the authority holding an
1-68 election rejects a county-designated polling place that is
2-1 available and chooses to use a different site of its own
2-2 designation, it shall provide a polling place that complies with
2-3 Subsection (a) at its own expense. A political party that is
2-4 holding a primary election may not reject an available
2-5 county-designated polling place without the prior consent of the
2-6 secretary of state.
2-7 SECTION 2. Section 174.022, Election Code, is amended by
2-8 adding Subsection (d) to read as follows:
2-9 (d) The location selected for a precinct convention must
2-10 meet the same requirements for access by elderly and physically
2-11 handicapped persons as a polling place under Section 43.034(a).
2-12 SECTION 3. This Act takes effect September 1, 1993.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
2-18 * * * * *
2-19 Austin,
2-20 Texas
2-21 May 10, 1993
2-22 Hon. Bob Bullock
2-23 President of the Senate
2-24 Sir:
2-25 We, your Subcommittee on Elections and Ethics to which was referred
2-26 H.B. No. 76, have had the same under consideration, and I am
2-27 instructed to report it back to the Senate with the recommendation
2-28 that it do pass and be printed.
2-29 Carriker,
2-30 Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 No witnesses appeared on H.B. No. 76.