BILL ANALYSIS



C.S.H.B. 2243
By: Danburg
April 21, 1995
Committee Report (Substituted)


BACKGROUND

     HB 2243 is an omnibus bill that incorporates the non-controversial legislation relating to election precincts and
polling places.  The bill is a combination of portions of HB 540
(Danburg), HB 1096 (Madden), HB 583 (Madden), HB 260 (Madden), HB
258 (Madden), and HB 271 (Denny).  The bill addresses many
perceived problems with the polling places and precincts as they
are currently arranged.
     Current law allows for the combination of adjoining election
precincts in order to save cost as long as the election precincts
do not have more than 500 registered voters.  The combined election
precincts must contain a number of registered voters less than a
certain number of registered voters that is determined by the size
of the county.  Large urban counties must have precincts with no
more than 3,000 registered voters, while small rural counties may
create precincts with up to 5,000 registered voters.
     The combination of precincts has allowed several election
precincts that are not endowed with polling places to combine with
those that do have them.  There are still precincts that do not
have convenient polling places, however, and because they have more
than 500 registered voters they are not allowed to combine with
adjoining precincts that do have convenient polling places.  Harris
County Election Precinct 763 for instance, consists of only single
family homes.  No available public building exists for a polling
place inside the boundaries of Election Precinct 763.  Citizens
from Harris County Election Precinct 763 voted in a single car
garage owned by a resident who lives in Precinct 763 during the
1994 elections.  There is, however, a church facility outside, but
adjacent to the boundaries of Election Precinct 763 that is better
suited to serve as a polling place.  
     There is a prohibition against electioneering within a defined
perimeter of the polling place, yet there have been instances where
a candidate has been loitering around inside the polling place for
purposes other than voting which could be construed to be
electioneering.
     During a previous legislature, a bill was passed that, by
1994, required all counties with a population between 100,000 and
400,000 to establish an early voting polling place in each
commissioners court precinct in addition to a main early voting
polling place if it contained such already.  This is a state
mandate that requires the costs to be picked up by the local
government.  Some of the counties, particularly those with one
central community, believe this is an unnecessary expense. 
     The provision of a limited ballot has certain drawbacks,
particularly if ballots must be supplied to everyone casting a
ballot who is eligible to request it.  Currently only Harris County
is allowed the time and cost saving afforded by requiring anyone
requesting a limited ballot during early voting to do so at the
main early voting polling place only.  Voting a limited ballot is
seldom done and is confusing owing to the rarity of its use.  It
would serve both election officials and the electorate best if the
voter requesting a limited ballot were instructed to do so at the
main early voting polling place in each and every county.
     Texas currently holds separate primaries for Democrats and
Republicans.  The county executive committee in each county is
responsible for the conduct of a primary election.  It is then the
county chair who conduct the primary elections.  However, not all
counties in the state have both Republican and Democrat primaries.
     When a joint election occurs but no familiar common polling
place is used, a voter may become confused and often is
inconvenienced by such a discourtesy.  The way to end such an
avoidable scenario is to have the regular county polling place  in
joint elections when nothing would prohibit its use.

PURPOSE

     HB 2243 will allow those counties with a population greater
than 250,000 people to combine precincts when the resulting
precinct does not have more than 750 registered voters. 
     HB 2243 would prohibit a candidate from being present at the
polls at any time for any reason other than voting by personal
appearance or official business that happens to be in the building
that is also the polling place.  It also attaches a criminal
penalty of a class C misdemeanor to such an offense.
     HB 2243 is intended to allow smaller counties where a central
community is the hub of activity to best determine their own early
voting needs, though nothing would prohibit a county from setting
up early voting sites in every county commissioners precinct if it
so desired.
     HB 2243 would specify that a person could vote a limited
ballot by personal appearance only at the main early voting polling
place.
     HB 2243 would allow precincts to hold primary elections in the
same building. This bill would minimize the cost of conducting
primary elections to the state.  Further, whereas not all counties
have both Republican and Democrat primaries, this bill would allow
voters the availability of both Democrat and Republican primaries
in the counties that desired them by holding them jointly under the
supervision of those most knowledgeable about elections, the county
clerks.
     HB 2243 would allow regular county polling places to be used
for the common polling places in a joint election.

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 42.0051, Election Code, by adding 42.0051
(b) which  allows county election precincts in counties with
populations of 250,000 or more to  combine if the resulting
precinct is greater than 500 and less than 750 registered voters. 

SECTION 2. Amends Section 61.001, Election Code, by adding a
provision for the unlawful    presence of a candidate which makes
it illegal for a candidate to be in a polling place for     purposes other than voting or official business in the building in
which the polling place  is located.  The penalty for this offense
is class C misdemeanor.

SECTION 3. Amends Subchapter B, Chapter 85, Election Code, by
adding Section 85.037    which makes Section 61.001, BYSTANDERS
EXCLUDED; UNLAWFUL PRESENCE   OF CANDIDATE applicable to early
voting.

SECTION 4. Amends Section 85062 (d), Election Code, by striking
100,000 and substituting      in its place 150,000 as the baseline
population in a spectrum that rises to 400,000 where   the county
must establish one or more early voting polling places other than 
the main   early voting polling place in each commissioners
precinct containing territory covered by     the election.  The
section  also provides that in counties with a population of
100,000 or     more and less than 150,000, shall establish an early
voting polling place in a particular    precinct if 15 registered
voters of that precinct submit a written request.  

SECTION 5. Amends Section 112.006, Election Code, by striking
subsection (a) and altering   subsection (b) so that limited
ballots may only be voted by personal appearance at the     main
early voting polling place.

SECTION 6. Amends Section 161.006, Election Code, which prohibits
holding primary or the   precinct convention of more than one party
in the same building to allow primary to allow    primary elections
to be held jointly.

SECTION 7. Amends Section 172.1111, Election Code, by dividing the
section into   subsections (a) adding the requirement to post at
each outside door and in bold print the      information about the
precinct convention; (b); and (c) to prescribe the times the
posting    notice of precinct conventions are required to be
posted. 

SECTION 8. Amends Section 271.003, Election Code, by adding a
subsection that allows a      regular county polling place to be
used for each common polling place in a joint election. 

SECTION 9. Effective date.

SECTION 10.    Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

     The original bill was merely a shell bill, a broad caption
with no substantive legislation.  The substitute contains portions
of HB 540 (Danburg) found in SECTION 1 of the substitute, HB 1096
(Madden) found in SECTION 2 and 3 of the substitute, HB 583
(Madden) found in SECTION 4 of the substitute, HB 260 (Madden)
found in , HB 258 (Madden), and HB 271 (Denny).

SUMMARY OF COMMITTEE ACTION

HB 2243 was considered by the Committee on elections in a public
hearing on March 22, 1995.

The Committee considered a complete substitute for the bill. 

The bill was left pending.

HB 2243 was considered by the Committee in a public hearing on
March 29, 1995.

The Committee considered a complete substitute for the bill.  Two
amendments were offered to the substitute.  Two of those amendments
were adopted without objection.  The substitute as amended was
adopted without objection.  The Chair directed the staff to
incorporate the amendments into the substitute.

The bill was reported favorably as substituted to the full
committee by a record vote of 8 AYES, 1 NAY, 0 PNV, 0 ABSENT.