By Danburg, Madden, Jones of Dallas, Munoz,           H.B. No. 2243
             Denny
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to election precincts and polling places; providing a
    1-3  criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 42.0051, Election Code, is amended to
    1-6  read as follows:
    1-7        Sec. 42.0051.  Combining Certain Precincts.  (a)  If changes
    1-8  in county election precinct boundaries to give effect to a
    1-9  redistricting plan result in county election precincts with a
   1-10  number of registered voters less than 500, a commissioners court
   1-11  for a general or special election, or for a primary election the
   1-12  county executive committee of a political party conducting a
   1-13  primary election, may combine county election precincts
   1-14  notwithstanding Section 42.005 to avoid unreasonable expenditures
   1-15  for election equipment, supplies, and personnel.
   1-16        (b)  County election precincts in a county with a population
   1-17  of 250,000 or more may also be combined under Subsection (a) if the
   1-18  changes result in county election precincts with 500 or more but
   1-19  less than 750 registered voters.
   1-20        (c)  A combined precinct under this section is subject to the
   1-21  maximum population prescribed for a precinct under Section 42.006.
   1-22        (d) <(c)>  A combined precinct may not be established if it:
   1-23              (1)  results in a dilution of voting strength of a
   1-24  group covered by the federal Voting Rights Act (42 U.S.C. Section
    2-1  1973c et seq.);
    2-2              (2)  results in a dilution of representation of a group
    2-3  covered by the Voting Rights Act in any political or electoral
    2-4  process or procedure; or
    2-5              (3)  results in discouraging participation by a group
    2-6  covered by the Voting Rights Act in any political or electoral
    2-7  process or procedure because of the location of a polling place or
    2-8  other factors.
    2-9        SECTION 2.  Section 61.001, Election Code, is amended to read
   2-10  as follows:
   2-11        Sec. 61.001.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF
   2-12  CANDIDATE.  (a)  Except as permitted by this code, a person may not
   2-13  be in the polling place from the time the presiding judge arrives
   2-14  there on election day to make the preliminary arrangements until
   2-15  the precinct returns have been certified and the election records
   2-16  have been assembled for distribution following the election.
   2-17        (b)  A candidate in the election commits an offense if the
   2-18  candidate is in a polling place during the period described by
   2-19  Subsection (a) for a purpose other than:
   2-20              (1)  voting; or
   2-21              (2)  official business in the building in which the
   2-22  polling place is located.
   2-23        (c)  It is an exception to the application of Subsection (b)
   2-24  that the candidate:
   2-25              (1)  is not within plain view or hearing of the persons
   2-26  in the voting area or the area in which voters are being accepted
   2-27  for voting; and
    3-1              (2)  is not engaged in campaign activity.
    3-2        (d)  An offense under this section is a Class C misdemeanor.
    3-3        SECTION 3.  Subchapter B, Chapter 85, Election Code, is
    3-4  amended by adding Section 85.037 to read as follows:
    3-5        Sec. 85.037.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF
    3-6  CANDIDATE.  Section 61.001 applies to an early voting polling place
    3-7  except that the period for which the conduct is proscribed is
    3-8  during the time the polling place is open for the conduct of early
    3-9  voting.
   3-10        SECTION 4.  Section 85.062(d), Election Code, is amended to
   3-11  read as follows:
   3-12        (d)  In a primary election, the general election for state
   3-13  and county officers, or a special election to fill a vacancy in the
   3-14  legislature or in congress:
   3-15              (1)  the commissioners court of a county with a
   3-16  population of 400,000 or more shall establish one or more early
   3-17  voting polling places other than the main early voting polling
   3-18  place in each state representative district containing territory
   3-19  covered by the election, except that the polling place or places
   3-20  shall be established in the state senatorial or congressional
   3-21  district, as applicable, in a special election to fill a vacancy in
   3-22  the office of state senator or United States representative; <and>
   3-23              (2)  the commissioners court of a county with a
   3-24  population of 120,000 <100,000> or more but less than 400,000 shall
   3-25  establish one or more early voting polling places other than the
   3-26  main early voting polling place in each commissioners precinct
   3-27  containing territory covered by the election; and
    4-1              (3)  the commissioners court of a county with a
    4-2  population of 100,000 or more but less than 120,000 shall establish
    4-3  one or more early voting polling places as described by Subdivision
    4-4  (2) in each precinct for which the commissioners court receives in
    4-5  time to enable compliance with Section 85.067 a written request for
    4-6  that action submitted by at least 15 registered voters of that
    4-7  precinct.
    4-8        SECTION 5.  Section 112.006, Election Code, is amended to
    4-9  read as follows:
   4-10        Sec. 112.006.  Place for Voting by Personal Appearance.  A
   4-11  <(a)  Except as provided by Subsection (b), a person may vote a
   4-12  limited ballot by personal appearance only at an early voting
   4-13  polling place serving the voters of the election precinct in which
   4-14  the person resides.>
   4-15        <(b)  In a county with a population of more than 1,500,000,
   4-16  a> person may vote a limited ballot by personal appearance only at
   4-17  the main early voting polling place.
   4-18        SECTION 6.  Section 161.006, Election Code, is amended to
   4-19  read as follows:
   4-20        Sec. 161.006.  Holding <Primary or> Precinct Convention of
   4-21  More Than One Party in Same Building.  A political party may not
   4-22  <hold a primary election in the same building in which another
   4-23  party is holding a primary election on the same day or> hold a
   4-24  precinct convention in the same building in which another party is
   4-25  holding a precinct convention on the same day unless:
   4-26              (1)  the rooms in which the <primary elections or>
   4-27  conventions are held are separated so that communication from one
    5-1  room to the other is precluded; and
    5-2              (2)  a sign in bold print identifying the party holding
    5-3  the <primary election or> convention is posted at the entrance to
    5-4  each room.
    5-5        SECTION 7.  Section 172.1111, Election Code, is amended to
    5-6  read as follows:
    5-7        Sec. 172.1111.  POSTING NOTICE OF PRECINCT CONVENTION
    5-8  REQUIRED.  (a)  Before the opening of the polls, the presiding
    5-9  judge shall post at each outside door through which a voter may
   5-10  enter the building in which the polling place is located a written
   5-11  notice in bold print of the date, hour, and place for convening the
   5-12  precinct convention.
   5-13        (b)  The judge is not required to use an officially
   5-14  prescribed form for the notice.
   5-15        (c)  The notice must remain posted continuously through
   5-16  election day.
   5-17        SECTION 8.  Section 271.003, Election Code, is amended to
   5-18  read as follows:
   5-19        Sec. 271.003.  Location of Common Polling Place.  (a)  A
   5-20  regular county polling place may be used for a common polling place
   5-21  in a joint election.
   5-22        (b)  The voters of a particular election precinct or
   5-23  political subdivision may be served in a joint election by a common
   5-24  polling place located outside the boundary of the election precinct
   5-25  or political subdivision if the location can adequately and
   5-26  conveniently serve the affected voters and will facilitate the
   5-27  orderly conduct of the election.
    6-1        SECTION 9.  This Act takes effect September 1, 1995.
    6-2        SECTION 10.  The importance of this legislation and the
    6-3  crowded condition of the calendars in both houses create an
    6-4  emergency and an imperative public necessity that the
    6-5  constitutional rule requiring bills to be read on three several
    6-6  days in each house be suspended, and this rule is hereby suspended.