By: Eckels H.B. No. 767
73R1821 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain joint elections held by political subdivisions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 271, Election Code, is amended by adding
1-5 Section 271.015 to read as follows:
1-6 Sec. 271.015. CERTAIN JOINT ELECTIONS REQUIRED. (a) If a
1-7 special election ordered by the governor and the elections ordered
1-8 by the authorities of one or more political subdivisions are to be
1-9 held on the same day in all or part of the same territory, the
1-10 county election officer, as defined by Section 31.091, of a county
1-11 in which the election ordered by the governor is to be held and the
1-12 governing bodies of the other political subdivisions shall enter
1-13 into an agreement to hold the elections jointly pursuant to an
1-14 election services contract executed under Subchapter D, Chapter 31.
1-15 (b) The joint election shall be held in accordance with the
1-16 applicable provisions of Subchapter D, Chapter 31, and of this
1-17 chapter. This section supersedes any conflicting provision of law.
1-18 (c) The secretary of state shall prescribe any procedures
1-19 necessary to implement this section.
1-20 SECTION 2. Subchapter C, Chapter 42, Election Code, is
1-21 amended by adding Section 42.0621 to read as follows:
1-22 Sec. 42.0621. PRECINCTS FOR CERTAIN JOINT ELECTIONS. (a)
1-23 In a joint election held under Section 271.015, the participating
1-24 political subdivisions shall use the regular county election
2-1 precincts in the parts of the political subdivisions that contain
2-2 the same territory. Two or more of the county election precincts
2-3 may be consolidated into a single precinct if the polling place is
2-4 located so that it will adequately serve the voters of the
2-5 consolidated precinct.
2-6 (b) Each political subdivision participating in the joint
2-7 election shall establish election precincts in the territory of
2-8 that political subdivision that is not common with territory of
2-9 another participating political subdivision. One or more separate
2-10 precincts may be established in that territory, or that territory
2-11 may be consolidated into one or more precincts established in the
2-12 common territory.
2-13 SECTION 3. Subchapter A, Chapter 43, Election Code, is
2-14 amended by adding Section 43.0051 to read as follows:
2-15 Sec. 43.0051. DESIGNATION OF LOCATION: CERTAIN JOINT
2-16 ELECTIONS. (a) The authorities establishing joint election
2-17 precincts under Section 42.0621 shall designate the regular county
2-18 polling place as the joint election polling place for each regular
2-19 county election precinct used in the joint election unless the
2-20 regular county polling place is unavailable, in which case the
2-21 authorities shall designate another location. If county election
2-22 precincts are consolidated for the joint election, the authorities
2-23 shall designate the location of the polling place for each
2-24 consolidated precinct.
2-25 (b) Each political subdivision participating in a joint
2-26 election shall designate polling places in the territory of that
2-27 political subdivision that is not common with territory of another
3-1 participating political subdivision. If the voters of the
3-2 territory that is not common to two or more participating political
3-3 subdivisions can be served adequately and conveniently by a polling
3-4 place located in the common territory of those political
3-5 subdivisions, the common polling place may be designated.
3-6 SECTION 4. Section 42.002, Election Code, is amended to read
3-7 as follows:
3-8 Sec. 42.002. Required Use of County Precincts. (a) The
3-9 county election precincts are the election precincts for the
3-10 following elections:
3-11 (1) the general election for state and county
3-12 officers;
3-13 (2) a special election ordered by the governor;
3-14 (3) a primary election; <and>
3-15 (4) a countywide election ordered by the commissioners
3-16 court, county judge, or other county authority, except an election
3-17 subject to Section 42.062(2); and
3-18 (5) a joint election, to the extent provided by
3-19 Section 42.0621.
3-20 (b) Except as provided by Sections 42.008, <and> 42.009, and
3-21 42.0621, county election precincts may not be consolidated for an
3-22 election.
3-23 SECTION 5. The importance of this legislation and the
3-24 crowded condition of the calendars in both houses create an
3-25 emergency and an imperative public necessity that the
3-26 constitutional rule requiring bills to be read on three several
3-27 days in each house be suspended, and this rule is hereby suspended,
4-1 and that this Act take effect and be in force from and after its
4-2 passage, and it is so enacted.