By Madden                                              H.B. No. 862
         76R2315 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to establishing voting by mail as the exclusive method of
 1-3     voting in certain elections.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 16, Election Code, is amended by adding
 1-6     Chapter 278 to read as follows:
 1-7                     CHAPTER 278.  MAIL BALLOT ELECTIONS
 1-8           Sec. 278.001.  APPLICABILITY.  An election may be conducted
 1-9     under this chapter only if:
1-10                 (1)  the election is nonpartisan;
1-11                 (2)  the election is not for the purpose of electing,
1-12     retaining, or recalling a candidate;
1-13                 (3)  the ballot for the election contains only
1-14     propositions to be voted on;
1-15                 (4)  the election is not held on the same date as
1-16     another election at which voters eligible to vote in the mail
1-17     ballot election are eligible to vote; and
1-18                 (5)  the voters of one of the following political
1-19     subdivisions are the only voters eligible to vote in the election:
1-20                       (A)  a county;
1-21                       (B)  a city;
1-22                       (C)  a special district created under Section 52,
1-23     Article III, or Section 59, Article XVI,  Texas Constitution;
1-24                       (D)  a school district;
 2-1                       (E)  a community college district; or
 2-2                       (F)  a hospital district.
 2-3           Sec. 278.002.  WRITTEN REQUEST FOR ELECTION REQUIRED.  (a)
 2-4     An authority of a  political subdivision desiring to order an
 2-5     election under this chapter must submit to the secretary of state a
 2-6     request to do so.
 2-7           (b)  The secretary of state shall prescribe procedures for
 2-8     the submission and approval of requests under this section.
 2-9           Sec. 278.003.  EXCLUSIVE METHOD OF VOTING.  In an election
2-10     held under this chapter, voting by mail is the exclusive method for
2-11     casting a ballot.
2-12           Sec. 278.004.  EARLY VOTING.  The provisions of this code
2-13     relating to early voting do not apply to an election held under
2-14     this chapter.
2-15           Sec. 278.005.  MAIL BALLOT ELECTION CLERK.  (a)  The mail
2-16     ballot election clerk shall conduct an election held under this
2-17     chapter.
2-18           (b)  The secretary of state shall prescribe procedures for
2-19     the appointment of a mail ballot election clerk.
2-20           Sec. 278.006. CONDUCT OF MAIL BALLOT ELECTION.  (a) The
2-21     secretary of state shall prescribe the form and content of the
2-22     ballot and information to be provided with the mail ballot voting
2-23     materials.
2-24           (b)  The secretary of state shall prescribe procedures
2-25     necessary to implement this chapter, including:
2-26                 (1)  the method of providing ballots to voters;
2-27                 (2)  the time for providing ballots to voters;
 3-1                 (3)  the marking and sealing of ballots;
 3-2                 (4)  the method of returning marked ballots;
 3-3                 (5)  the deadline for returning marked ballots;
 3-4                 (6)  the provision of corrected and replacement
 3-5     ballots;
 3-6                 (7)  the manner for a voter who would be eligible under
 3-7     Section 64.031 to receive assistance at a polling place to obtain
 3-8     assistance in marking a ballot provided under this chapter; and
 3-9                 (8)  the processing and counting of ballots.
3-10           SECTION 2.  This Act takes effect September 1, 1999.
3-11           SECTION 3.  (a) The secretary of state shall prescribe
3-12     documents, materials, and procedures as required by Chapter 278,
3-13     Election Code, as added by this Act, not later than January 1,
3-14     2000.
3-15           (b)  The change in law made by this Act applies only to an
3-16     election held on or after September 1, 2000.
3-17           SECTION 4.  The importance of this legislation and the
3-18     crowded condition of the calendars in both houses create an
3-19     emergency and an imperative public necessity that the
3-20     constitutional rule requiring bills to be read on three several
3-21     days in each house be suspended, and this rule is hereby suspended.