SRC-JJJ S.B. 35 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 35
76R1075 GGS-DBy: Shapiro
State Affairs
2/22/1999
As Filed


DIGEST 

Currently, Texas law has four uniform election dates.  The Election Code
exempts certain entities from holding their elections on the designated
dates, which then establishes the need for more elections to be held each
year.  This bill would eliminate several exemptions for certain elections,
and establish the ability to consolidate polling locations through joint
elections.   

PURPOSE

As proposed, S.B. 35  establishes provisions regarding certain processes
and procedures promoting the consolidation of elections. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.001, Election Code, to delete text regarding
certain elections Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 42.002, Election Code, to make a conforming
change. 

SECTION 3.  Amends Chapter 42C, Election Code, by adding Section 42.0621,
as follows: 

Sec. 42.0621.  PRECINCTS FOR JOINT ELECTION.  Requires participating
political subdivisions to use the regular county election precincts in a
joint election.  Authorizes consolidation of two or more precincts if the
polling place is located so it will serve voters from the consolidated
precincts.  Sets forth requirements for political subdivisions
participating in a joint election 

SECTION 4.  Amends Chapter 43A, Election Code, by adding Section 43.0051,
as follows: 
 
Sec. 43.0051.  DESIGNATION OF LOCATION: JOINT ELECTION.  Requires the
authorities establishing joint election precincts to designate the regular
county polling place as the joint election polling place except under
certain circumstances.  Requires the authorities to designate polling
places for each precinct, if county election precincts are consolidated for
joint elections.   Requires each political subdivision participating in the
election to designate polling places in the territory of that political
subdivision.  Authorizes common polling places to be designated under
certain conditions. 

SECTION 5.  Amends Sections 271.002 and 271.006, Election Code, as follows:

Sec. 271.002.  New heading: JOINT ELECTIONS REQUIRED.  Requires
consolidation of elections held on the same day in all or part of the same
territory.  Deletes text regarding joint elections involving two or more
political subdivisions.  Provides that the terms of the joint election
agreement,  including all decisions necessary for conducting the election,
to be stated in an official action. Requires each political subdivision to
appoint a representative to an election committee to implement the joint
election agreement.  Makes conforming and  nonsubstantive changes. 

Sec. 271.006.  EARLY VOTING.  Deletes text regarding early voting in a
joint election. 

SECTION 6.  Repealer: Section 271.003, Election Code (Location of Common
Polling Place) and Section 271.014, Election Code (Conflicts With Other
Laws.) 

SECTION 7.  Makes application of the Act prospective.

SECTION 8.  Effective date:  September 1, 1999.

SECTION 9.  Emergency clause.