BILL ANALYSIS



C.S.H.B. 544
By: Danburg
04-25-95
Committee Report (Substituted)


BACKGROUND

     Currently voters are prohibited from having in their
possession at the time they vote a written communication from
another person or organization identifying one or more candidates
for whom the voter has agreed to vote or for whom the author of the
communication has requested the voter to vote for.  The prohibition
of lists in the polling place often forces citizens to make
uninformed votes.  This is especially true in large counties where
there are up to seventy separate races with well over one hundred
candidates. 

PURPOSE

     HB 544 would allow voters to carry written documents, or
lists, into the polling place with them.  The documents would allow
the voters to make informed voting decisions.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 61.003 (c), Election Code, to change the
offense under this  Section to a Class B misdemeanor.
 
SECTION 2. Amends Subchapter A, Chapter 61, Election Code, to add
Section 61.011 

     (a) which allows voters to examine a written document only
while marking the ballot and  requires the voter to remove the
document after voting; 

     (b) which prescribes what size the written document must be if
it is not from a general      voter's guide or printed in a
newspaper or by a non-partisan organization.  Subsection (b)     also states that a voter that has a written document that does
not fall under these     descriptions must be surrendered to the
election official; and 

     (c) which requires election officials to periodically check
the voting stations for written    documents that were left behind.

SECTION 3. Amends Sections 63.011 and 63.012, Election Code, to
remove the prohibition   on written communications used in the
polling place.

SECTION 4. Amends Section 85.036 (e), Election Code, to change the
offense under this  Section to a Class B misdemeanor.

SECTION 5. Transition clause relating to the effective date of this
Act and the applicability     of the offenses committed under it.

SECTION 6. Effective date.

SECTION 7. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     The original bill merely eliminated the prohibition against
written documents in the polling place.  The substitute added
several elements which are meant to be safeguards against
electioneering.  
     The substitute added language to prohibit voters from
examining their written document while in line or in any other
place other than the voting station.  This provision is found in
SECTION 2, Section 61.011 (a) of the substitute.
     The substitute added language that makes the voter responsible
for clearing the voting station of written documents after using
them.  This provision is found in SECTION 2 (Page 1, lines 16-18)
of the substitute. 
     The substitute added language delineating the size of the
document that can be used and the size of the type that can be used
on the document.  This provision is found in SECTION 2, Section
61.011 (b) of the substitute.
     The substitute also changed the offenses under the sections of
the Election Code applicable to this Act from Class C misdemeanors
to Class B misdemeanors.

SUMMARY OF COMMITTEE ACTION

     HB 544 was considered by the Committee on Elections in a
public hearing on March 8, 1995.  The following persons testified
in favor of HB 544:  W. Mark Cotham representing himself; Steve
McDonald representing the Texas Democratic Party; John Willingham
representing the Texas Association of Election Administrators; and
Tony J. Sirvello representing Beverly Kaufman, Harris County Clerk,
and Harris County Commissioners Court.  The following persons
testified neutrally on the bill: Ranette Boyd representing the City
of Garland; and Tom Harrison representing the Secretary of State,
Tony Garza.  The bill was left pending.
     HB 544 was considered by the Committee on Elections in a
public hearing on April 12, 1995.  The Committee considered a
complete substitute for the bill.  One amendment was offered to the
substitute.  The amendment was adopted by a record vote of 6 AYES,
2 NAYS, 0 PNV, 1 ABSENT. The substitute, as amended, was adopted by
a record vote of 6 AYES, 2 NAYS, 0 PNV, 1 ABSENT.  The Chair
directed the staff to incorporate the amendment into the
substitute.  HB 544 was reported favorably, as substituted with the
recommendation that it do pass and be printed by a record vote of
6 AYES, 2 NAYS, 0 PNV, 1 ABSENT.