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     fewer 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 43.031(d), Election Code, is amended to

2-10     read as follows:

2-11           (d)  If a suitable public building is unavailable, the

2-12     polling place may be located in some other building, and any charge

2-13     for its use is an election expense.  A polling place may not be

2-14     located in a building under this subsection unless electioneering

2-15     is permitted on the building's premises outside the prescribed

2-16     limits within which electioneering is prohibited, except that a

2-17     polling place may be located in a building at which electioneering

2-18     is not permitted if it is the only building available for use as a

2-19     polling place in the election precinct.

2-20           SECTION 3.  Section 61.001, Election Code, is amended to read

2-21     as follows:

2-22           Sec. 61.001.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

2-23     CANDIDATE.  (a)  Except as permitted by this code, a person may not

2-24     be in the polling place from the time the presiding judge arrives

2-25     there on election day to make the preliminary arrangements until

2-26     the precinct returns have been certified and the election records

2-27     have been assembled for distribution following the election.

 3-1           (b)  A candidate in the election commits an offense if the

 3-2     candidate is in a polling place during the period described by

 3-3     Subsection (a) for a purpose other than:

 3-4                 (1)  voting; or

 3-5                 (2)  official business in the building in which the

 3-6     polling place is located.

 3-7           (c)  It is an exception to the application of Subsection (b)

 3-8     that the candidate:

 3-9                 (1)  is not within plain view or hearing of the persons

3-10     in the voting area or the area in which voters are being accepted

3-11     for voting; and

3-12                 (2)  is not engaged in campaign activity.

3-13           (d)  An offense under this section is a Class C misdemeanor.

3-14           SECTION 4.  Subchapter B, Chapter 85, Election Code, is

3-15     amended by adding Section 85.037 to read as follows:

3-16           Sec. 85.037.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

3-17     CANDIDATE.  Section 61.001 applies to an early voting polling place

3-18     except that the period for which the conduct is proscribed is

3-19     during the time the polling place is open for the conduct of early

3-20     voting.

3-21           SECTION 5.  Section 85.062(d), Election Code, is amended to

3-22     read as follows:

3-23           (d)  In a primary election, the general election for state

3-24     and county officers, or a special election to fill a vacancy in the

3-25     legislature or in congress:

3-26                 (1)  the commissioners court of a county with a

3-27     population of 400,000 or more shall establish one or more early

 4-1     voting polling places other than the main early voting polling

 4-2     place in each state representative district containing territory

 4-3     covered by the election, except that the polling place or places

 4-4     shall be established in the state senatorial or congressional

 4-5     district, as applicable, in a special election to fill a vacancy in

 4-6     the office of state senator or United States representative; [and]

 4-7                 (2)  the commissioners court of a county with a

 4-8     population of 120,000 [100,000] or more but less than 400,000 shall

 4-9     establish one or more early voting polling places other than the

4-10     main early voting polling place in each commissioners precinct

4-11     containing territory covered by the election; and

4-12                 (3)  the commissioners court of a county with a

4-13     population of 100,000 or more but less than 120,000 shall establish

4-14     one or more early voting polling places as described by Subdivision

4-15     (2) in each precinct for which the commissioners court receives in

4-16     time to enable compliance with Section 85.067 a written request for

4-17     that action submitted by at least 15 registered voters of that

4-18     precinct.

4-19           SECTION 6.  Section 112.006, Election Code, is amended to

4-20     read as follows:

4-21           Sec. 112.006.  Place for Voting by Personal Appearance.  A

4-22     [(a)  Except as provided by Subsection (b), a person may vote a

4-23     limited ballot by personal appearance only at an early voting

4-24     polling place serving the voters of the election precinct in which

4-25     the person resides.]

4-26           [(b)  In a county with a population of more than 1,500,000,

4-27     a] person may vote a limited ballot by personal appearance only at

 5-1     the main early voting polling place.

 5-2           SECTION 7.  Section 161.006, Election Code, is amended to

 5-3     read as follows:

 5-4           Sec. 161.006.  Holding [Primary or] Precinct Convention of

 5-5     More Than One Party in Same Building.  A political party may not

 5-6     [hold a primary election in the same building in which another

 5-7     party is holding a primary election on the same day or] hold a

 5-8     precinct convention in the same building in which another party is

 5-9     holding a precinct convention on the same day unless:

5-10                 (1)  the rooms in which the [primary elections or]

5-11     conventions are held are separated so that communication from one

5-12     room to the other is precluded; and

5-13                 (2)  a sign in bold print identifying the party holding

5-14     the [primary election or] convention is posted at the entrance to

5-15     each room.

5-16           SECTION 8.  Section 172.1111, Election Code, is amended to

5-17     read as follows:

5-18           Sec. 172.1111.  POSTING NOTICE OF PRECINCT CONVENTION

5-19     REQUIRED.  (a)  Before the opening of the polls, the presiding

5-20     judge shall post at each outside door through which a voter may

5-21     enter the building in which the polling place is located a written

5-22     notice in bold print of the date, hour, and place for convening the

5-23     precinct convention.

5-24           (b)  The judge is not required to use an officially

5-25     prescribed form for the notice.

5-26           (c)  The notice must remain posted continuously through

5-27     election day.

 6-1           SECTION 9.  Section 271.003, Election Code, is amended to

 6-2     read as follows:

 6-3           Sec. 271.003.  Location of Common Polling Place.  (a)  A

 6-4     regular county polling place may be used for a common polling place

 6-5     in a joint election.

 6-6           (b)  The voters of a particular election precinct or

 6-7     political subdivision may be served in a joint election by a common

 6-8     polling place located outside the boundary of the election precinct

 6-9     or political subdivision if the location can adequately and

6-10     conveniently serve the affected voters and will facilitate the

6-11     orderly conduct of the election.

6-12           SECTION 10.  This Act takes effect September 1, 1997.

6-13           SECTION 11.  The importance of this legislation and the

6-14     crowded condition of the calendars in both houses create an

6-15     emergency and an imperative public necessity that the

6-16     constitutional rule requiring bills to be read on three several

6-17     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 332 was passed by the House on May 5,

         1997, by a non-record vote; and that the House concurred in Senate

         amendments to H.B. No. 332 on May 22, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 332 was passed by the Senate, with

         amendments, on May 20, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor