1-1           By:  Ellis, et al.                                S.B. No. 82

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 10, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; March 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to written communications used by voters in a polling

 1-9     place.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter A, Chapter 61, Election Code, is

1-12     amended by adding Section 61.011 to read as follows:

1-13           Sec. 61.011.  REMOVING WRITTEN COMMUNICATIONS FOUND IN

1-14     POLLING PLACE.  (a)  An election officer shall periodically check

1-15     each voting station and other areas of the polling place for sample

1-16     ballots or other written communications used by voters that were

1-17     left or discarded in the polling place.

1-18           (b)  An election officer shall remove from the sight of the

1-19     voters any written communication found under Subsection (a).

1-20           SECTION 2.  Section 63.011, Election Code, is repealed.

1-21           SECTION 3.  An offense under Section 63.011, Election Code,

1-22     committed before the effective date of this Act is subject to the

1-23     law in effect when the offense was committed, and that law is

1-24     continued in effect for that purpose.  For purposes of this

1-25     section, an offense was committed before the effective date of this

1-26     Act if any element of the offense occurred before that date.

1-27           SECTION 4.  This Act takes effect September 1, 1997.

1-28           SECTION 5.  The importance of this legislation and the

1-29     crowded condition of the calendars in both houses create an

1-30     emergency and an imperative public necessity that the

1-31     constitutional rule requiring bills to be read on three several

1-32     days in each house be suspended, and this rule is hereby suspended.

1-33                                  * * * * *