H.B. No. 162
1-1 AN ACT
1-2 relating to electioneering at a county courthouse during early
1-3 voting.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 85.036, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 85.036. ELECTIONEERING PROHIBITED. (a) Except as
1-8 provided by Subsection (b), during <During> the time an early
1-9 voting polling place is open for the conduct of early voting, a
1-10 person may not electioneer for or against any candidate, measure,
1-11 or political party in or within a certain distance from the
1-12 building or structure in which the early voting polling place is
1-13 located, as follows:
1-14 (1) for a building containing the main early voting
1-15 polling place, a person may not electioneer in the room in which
1-16 the polling place is located or within 30 feet of the entrance to
1-17 the room in which the polling place is located;
1-18 (2) for a building that is also used as a precinct
1-19 polling place, a person may not electioneer within 100 feet of an
1-20 outside door through which a voter may enter the building in which
1-21 the polling place is located; and
1-22 (3) for any other structure, a person may not
1-23 electioneer within 30 feet of the entrance to the voting area.
1-24 (b) For a county courthouse, subcourthouse, or courthouse
2-1 annex, a person may not electioneer in the building or within 30
2-2 feet of an outside door through which a voter may enter the
2-3 building in which the polling place is located if the commissioners
2-4 court issues an order to that effect. The order must be recorded
2-5 in the commissioners court's minutes not later than the 10th day
2-6 before the date early voting is to be conducted in the building.
2-7 (c) <(b)> During the early voting period, the early voting
2-8 clerk shall keep continuously posted:
2-9 (1) at the entrance to the room or area, as
2-10 applicable, in which the early voting polling place is located, a
2-11 sign on which is printed in large letters "Early Voting Polling
2-12 Place"; and
2-13 (2) at the outer limits of the area within which
2-14 electioneering is prohibited, a sign on which is printed in large
2-15 letters "Distance Marker. No electioneering between this point and
2-16 the entrance to the early voting polling place."
2-17 (d) <(c)> A person commits an offense if the person
2-18 electioneers in violation of Subsection (a) or (b).
2-19 (e) <(d)> An offense under this section is a Class C
2-20 misdemeanor.
2-21 (f) <(e)> Sections 61.003 and 61.004 do not apply to early
2-22 voting polling places.
2-23 SECTION 2. This Act takes effect September 1, 1993.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.