HBA-GUM H.B. 1711 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1711
By: Maxey
Elections
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Low voter turn-out is a problem in Texas.  Some voters find it difficult to
keep up with the location at which they are assigned to vote because it is
not unusual for different elections in the same year to be held at several
different polling locations.  Assuring voters that the polling place for
their precinct will not move from election to election may improve voter
turn-out.  H.B. 1711 requires that a county-designated polling location
serve as the polling location for all elections.  This bill also authorizes
the county chair, the governing body of a municipality, and the authority
establishing election precincts to designate a polling place for a primary
election, election of other political subdivisions, and certain special
elections, respectively, if the polling location assigned by the county
cannot be used as the polling place. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 43.002, Election Code, by adding Subsection (c),
to prohibit a polling place location from being changed for two years
following its designation under this section unless the location is
unavailable for use in the election or the precinct the polling place
serves is divided or eliminated.  

SECTION 2.  Amends Section 43.003, Election Code, as follows:

Sec. 43.003.  DESIGNATION OF LOCATION: PRIMARY ELECTION.  (a)  Creates this
subsection from existing text and requires the county chair of a political
party holding a primary election to use the polling places designated under
Section 43.002, rather than to designate the location of the polling place,
for each election precinct in the primary.  Makes conforming changes. 

(b)  Creates this subsection from existing text and requires the county
chair, rather than the executive committee, to designate the location of
the polling place, if a polling place designated under Section 43.002
cannot be used.  Makes a conforming change. 

SECTION 3.  Amends Section 43.004, Election Code, as follows:

Sec. 43.004.  DESIGNATION OF LOCATION.  (a)  Requires the specified
governing body of each political subdivision to use the polling places
designated under Section 43.002, rather than to designate the location of
the polling place, for each of its election precincts.  Creates this
subsection from existing text.  Makes conforming changes. 

(b)  Requires the governing body to designate the location of the polling
place if a polling place designated under Section 43.002 cannot be used. 

SECTION 4.  Amends Section 43.005, Election Code, as follows:

 Sec. 43.005.  DESIGNATION OF LOCATION: CERTAIN SPECIAL ELECTIONS.  (a)
Requires the authority establishing election precincts under Section 42.062
(Precincts for Certain Special Elections) to use the polling places
designated under Section 43.002, rather than to designate the location of
the polling place for each precinct.  Adds to the exemptions from this
section a polling place that does not correspond to the county election
precinct. Creates this subsection from existing text.  Makes conforming
changes. 

(b)  Requires the authority to designate the location of the polling place
if a polling place designated under Section 43.002 cannot be used. 

SECTION 5.  Amends Section 43.006, Election Code, to provide that this
subchapter (Number And Location Of Polling Places) supersedes a law outside
this subchapter, rather than a law outside this subchapter supersedes this
subchapter, to the extent of any conflict. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.