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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