75R9261 GGS-D                           

         By Danburg, Denny, Madden, Ehrhardt,                   H.B. No. 332

            Jones of Dallas, et al. 

         Substitute the following for H.B. No. 332:

         By Madden                                          C.S.H.B. No. 332

                                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, 1997.

 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.