By Madden H.B. No. 1096 74R3207 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prohibition on unauthorized persons being in a 1-3 polling place; providing a criminal penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 61.001, Election Code, is amended to read 1-6 as follows: 1-7 Sec. 61.001. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF 1-8 CANDIDATE. (a) Except as permitted by this code, a person may not 1-9 be in the polling place from the time the presiding judge arrives 1-10 there on election day to make the preliminary arrangements until 1-11 the precinct returns have been certified and the election records 1-12 have been assembled for distribution following the election. 1-13 (b) A candidate in the election commits an offense if the 1-14 candidate is in a polling place during the period described by 1-15 Subsection (a) for a purpose other than voting. 1-16 (c) An offense under this section is a Class C misdemeanor. 1-17 SECTION 2. Subchapter B, Chapter 85, Election Code, is 1-18 amended by adding Section 85.037 to read as follows: 1-19 Sec. 85.037. BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF 1-20 CANDIDATE. Section 61.001 applies to an early voting polling place 1-21 except that the period for which the conduct is proscribed is 1-22 during the time the polling place is open for the conduct of early 1-23 voting. 1-24 SECTION 3. This Act takes effect September 1, 1995. 2-1 SECTION 4. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended.