1-1 By: Park (Senate Sponsor - Moncrief) H.B. No. 162
1-2 (In the Senate - Received from the House April 21, 1993;
1-3 April 21, 1993, read first time and referred to Subcommittee on
1-4 Elections and Ethics; May 10, 1993, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 4, Nays
1-6 0; May 10, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Carriker x
1-10 Harris of Dallas x
1-11 Ellis x
1-12 Henderson x
1-13 Luna x
1-14 Parker x
1-15 Wentworth x
1-16 COMMITTEE SUBSTITUTE FOR H.B. No. 162 By: Carriker
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to electioneering at a county courthouse during early
1-20 voting.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Section 85.036, Election Code, is amended to read
1-23 as follows:
1-24 Sec. 85.036. ELECTIONEERING PROHIBITED. (a) Except as
1-25 provided by Subsection (b), during <During> the time an early
1-26 voting polling place is open for the conduct of early voting, a
1-27 person may not electioneer for or against any candidate, measure,
1-28 or political party in or within a certain distance from the
1-29 building or structure in which the early voting polling place is
1-30 located, as follows:
1-31 (1) for a building containing the main early voting
1-32 polling place, a person may not electioneer in the room in which
1-33 the polling place is located or within 30 feet of the entrance to
1-34 the room in which the polling place is located;
1-35 (2) for a building that is also used as a precinct
1-36 polling place, a person may not electioneer within 100 feet of an
1-37 outside door through which a voter may enter the building in which
1-38 the polling place is located; and
1-39 (3) for any other structure, a person may not
1-40 electioneer within 30 feet of the entrance to the voting area.
1-41 (b) For a county courthouse, subcourthouse, or courthouse
1-42 annex, a person may not electioneer in the building or within 30
1-43 feet of an outside door through which a voter may enter the
1-44 building in which the polling place is located if the commissioners
1-45 court issues an order to that effect. The order must be recorded
1-46 in the commissioners court's minutes not later than the 10th day
1-47 before the date early voting is to be conducted in the building.
1-48 (c) <(b)> During the early voting period, the early voting
1-49 clerk shall keep continuously posted:
1-50 (1) at the entrance to the room or area, as
1-51 applicable, in which the early voting polling place is located, a
1-52 sign on which is printed in large letters "Early Voting Polling
1-53 Place"; and
1-54 (2) at the outer limits of the area within which
1-55 electioneering is prohibited, a sign on which is printed in large
1-56 letters "Distance Marker. No electioneering between this point and
1-57 the entrance to the early voting polling place."
1-58 (d) <(c)> A person commits an offense if the person
1-59 electioneers in violation of Subsection (a) or (b).
1-60 (e) <(d)> An offense under this section is a Class C
1-61 misdemeanor.
1-62 (f) <(e)> Sections 61.003 and 61.004 do not apply to early
1-63 voting polling places.
1-64 SECTION 2. This Act takes effect September 1, 1993.
1-65 SECTION 3. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended.
2-2 * * * * *
2-3 Austin,
2-4 Texas
2-5 May 10, 1993
2-6 Hon. Bob Bullock
2-7 President of the Senate
2-8 Sir:
2-9 We, your Subcommittee on Elections and Ethics to which was referred
2-10 H.B. No. 162, have had the same under consideration, and I am
2-11 instructed to report it back to the Senate with the recommendation
2-12 that it do not pass, but that the Committee Substitute adopted in
2-13 lieu thereof do pass and be printed.
2-14 Carriker,
2-15 Chairman
2-16 * * * * *
2-17 WITNESSES
2-18 FOR AGAINST ON
2-19 ___________________________________________________________________
2-20 Name: Jon Curlee x
2-21 Representing: Tarrant County Comm. Court
2-22 City: Fort Worth
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