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.