1-1     By:  Danburg, et al. (Senate Sponsor - Patterson)      H.B. No. 332

 1-2           (In the Senate - Received from the House May 6, 1997;

 1-3     May 7, 1997, read first time and referred to Committee on State

 1-4     Affairs; May 18, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 13, Nays 0; May 18, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 332                    By:  Nixon

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to election precincts and polling places; providing a

1-11     criminal penalty.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 42.0051, Election Code, is amended to

1-14     read as follows:

1-15           Sec. 42.0051.  Combining Certain Precincts.  (a)  If changes

1-16     in county election precinct boundaries to give effect to a

1-17     redistricting plan result in county election precincts with a

1-18     number of registered voters less than 500, a commissioners court

1-19     for a general or special election, or for a primary election the

1-20     county executive committee of a political party conducting a

1-21     primary election, may combine county election precincts

1-22     notwithstanding Section 42.005 to avoid unreasonable expenditures

1-23     for election equipment, supplies, and personnel.

1-24           (b)  County election precincts in a county with a population

1-25     of 250,000 or more may also be combined under Subsection (a) if the

1-26     changes result in county election precincts with 500 or more but

1-27     fewer than 750 registered voters.

1-28           (c)  A combined precinct under this section is subject to the

1-29     maximum population prescribed for a precinct under Section 42.006.

1-30           (d) [(c)]  A combined precinct may not be established if it:

1-31                 (1)  results in a dilution of voting strength of a

1-32     group covered by the federal Voting Rights Act (42 U.S.C. Section

1-33     1973c et seq.);

1-34                 (2)  results in a dilution of representation of a group

1-35     covered by the Voting Rights Act in any political or electoral

1-36     process or procedure; or

1-37                 (3)  results in discouraging participation by a group

1-38     covered by the Voting Rights Act in any political or electoral

1-39     process or procedure because of the location of a polling place or

1-40     other factors.

1-41           SECTION 2.  Section 43.031(d), Election Code, is amended to

1-42     read as follows:

1-43           (d)  If a suitable public building is unavailable, the

1-44     polling place may be located in some other building, and any charge

1-45     for its use is an election expense.  A polling place may not be

1-46     located in a building under this subsection unless electioneering

1-47     is permitted on the building's premises outside the prescribed

1-48     limits within which electioneering is prohibited, except that a

1-49     polling place may be located in a building at which electioneering

1-50     is not permitted if it is the only building available for use as a

1-51     polling place in the election precinct.

1-52           SECTION 3.  Section 61.001, Election Code, is amended to read

1-53     as follows:

1-54           Sec. 61.001.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

1-55     CANDIDATE.  (a)  Except as permitted by this code, a person may not

1-56     be in the polling place from the time the presiding judge arrives

1-57     there on election day to make the preliminary arrangements until

1-58     the precinct returns have been certified and the election records

1-59     have been assembled for distribution following the election.

1-60           (b)  A candidate in the election commits an offense if the

1-61     candidate is in a polling place during the period described by

1-62     Subsection (a) for a purpose other than:

1-63                 (1)  voting; or

1-64                 (2)  official business in the building in which the

 2-1     polling place is located.

 2-2           (c)  It is an exception to the application of Subsection (b)

 2-3     that the candidate:

 2-4                 (1)  is not within plain view or hearing of the persons

 2-5     in the voting area or the area in which voters are being accepted

 2-6     for voting; and

 2-7                 (2)  is not engaged in campaign activity.

 2-8           (d)  An offense under this section is a Class C misdemeanor.

 2-9           SECTION 4.  Subchapter B, Chapter 85, Election Code, is

2-10     amended by adding Section 85.037 to read as follows:

2-11           Sec. 85.037.  BYSTANDERS EXCLUDED; UNLAWFUL PRESENCE OF

2-12     CANDIDATE.  Section 61.001 applies to an early voting polling place

2-13     except that the period for which the conduct is proscribed is

2-14     during the time the polling place is open for the conduct of early

2-15     voting.

2-16           SECTION 5.  Section 85.062(d), Election Code, is amended to

2-17     read as follows:

2-18           (d)  In a primary election, the general election for state

2-19     and county officers, or a special election to fill a vacancy in the

2-20     legislature or in congress:

2-21                 (1)  the commissioners court of a county with a

2-22     population of 400,000 or more shall establish one or more early

2-23     voting polling places other than the main early voting polling

2-24     place in each state representative district containing territory

2-25     covered by the election, except that the polling place or places

2-26     shall be established in the state senatorial or congressional

2-27     district, as applicable, in a special election to fill a vacancy in

2-28     the office of state senator or United States representative; [and]

2-29                 (2)  the commissioners court of a county with a

2-30     population of 120,000 [100,000] or more but less than 400,000 shall

2-31     establish one or more early voting polling places other than the

2-32     main early voting polling place in each commissioners precinct

2-33     containing territory covered by the election; and

2-34                 (3)  the commissioners court of a county with a

2-35     population of 100,000 or more but less than 120,000 shall establish

2-36     one or more early voting polling places as described by Subdivision

2-37     (2) in each precinct for which the commissioners court receives in

2-38     time to enable compliance with Section 85.067 a written request for

2-39     that action submitted by at least 15 registered voters of that

2-40     precinct.

2-41           SECTION 6.  Section 112.006, Election Code, is amended to

2-42     read as follows:

2-43           Sec. 112.006.  Place for Voting by Personal Appearance.  A

2-44     [(a)  Except as provided by Subsection (b), a person may vote a

2-45     limited ballot by personal appearance only at an early voting

2-46     polling place serving the voters of the election precinct in which

2-47     the person resides.]

2-48           [(b)  In a county with a population of more than 1,500,000,

2-49     a] person may vote a limited ballot by personal appearance only at

2-50     the main early voting polling place.

2-51           SECTION 7.  Section 161.006, Election Code, is amended to

2-52     read as follows:

2-53           Sec. 161.006.  Holding [Primary or] Precinct Convention of

2-54     More Than One Party in Same Building.  A political party may not

2-55     [hold a primary election in the same building in which another

2-56     party is holding a primary election on the same day or] hold a

2-57     precinct convention in the same building in which another party is

2-58     holding a precinct convention on the same day unless:

2-59                 (1)  the rooms in which the [primary elections or]

2-60     conventions are held are separated so that communication from one

2-61     room to the other is precluded; and

2-62                 (2)  a sign in bold print identifying the party holding

2-63     the [primary election or] convention is posted at the entrance to

2-64     each room.

2-65           SECTION 8.  Section 172.1111, Election Code, is amended to

2-66     read as follows:

2-67           Sec. 172.1111.  POSTING NOTICE OF PRECINCT CONVENTION

2-68     REQUIRED.  (a)  Before the opening of the polls, the presiding

2-69     judge shall post at each outside door through which a voter may

 3-1     enter the building in which the polling place is located a written

 3-2     notice in bold print of the date, hour, and place for convening the

 3-3     precinct convention.

 3-4           (b)  The judge is not required to use an officially

 3-5     prescribed form for the notice.

 3-6           (c)  The notice must remain posted continuously through

 3-7     election day.

 3-8           SECTION 9.  Section 271.003, Election Code, is amended to

 3-9     read as follows:

3-10           Sec. 271.003.  Location of Common Polling Place.  (a)  A

3-11     regular county polling place may be used for a common polling place

3-12     in a joint election.

3-13           (b)  The voters of a particular election precinct or

3-14     political subdivision may be served in a joint election by a common

3-15     polling place located outside the boundary of the election precinct

3-16     or political subdivision if the location can adequately and

3-17     conveniently serve the affected voters and will facilitate the

3-18     orderly conduct of the election.

3-19           SECTION 10.  This Act takes effect September 1, 1997.

3-20           SECTION 11.  The importance of this legislation and the

3-21     crowded condition of the calendars in both houses create an

3-22     emergency and an imperative public necessity that the

3-23     constitutional rule requiring bills to be read on three several

3-24     days in each house be suspended, and this rule is hereby suspended.

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