By Danburg                                            H.B. No. 2519
         76R8853 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain election processes and procedures; providing a
 1-3     criminal penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 32.002, Election Code, is amended by
 1-6     adding Subsection (f) to read as follows:
 1-7           (f)  For purposes of determining which political party's
 1-8     candidate for governor received the highest and second highest
 1-9     number of votes in a precinct, the secretary of state shall
1-10     prescribe procedures to allow for the allocation of votes received
1-11     in a gubernatorial general election to a precinct that did not
1-12     exist or that had different boundaries in that election.
1-13           SECTION 2.  Section 32.033, Election Code, is amended to read
1-14     as follows:
1-15           Sec. 32.033. NUMBER OF CLERKS.   (a)  The presiding judge
1-16     [authority that appoints the election judges] shall appoint
1-17     [prescribe the maximum number of] clerks in the number the judge
1-18     considers necessary for the proper conduct of the [that each
1-19     presiding judge may appoint for each] election.  [The authority may
1-20     prescribe different maximums for different types of elections.]
1-21           (b)  For an election other than an election ordered by the
1-22     governor or a county authority in which the regular county election
1-23     precincts are  required to be used [Except as provided by
1-24     Subsection (c)], the presiding judge shall appoint at least two
 2-1     clerks for each precinct in each election [and may appoint as many
 2-2     additional clerks, within the prescribed limit, as are necessary
 2-3     for the proper conduct of the election.]
 2-4           [(c)  In each election ordered by the governor or a county
 2-5     authority in which the regular county election precincts are
 2-6     required to be used, the presiding judge shall appoint clerks for
 2-7     each precinct in the number, within the prescribed limit, the judge
 2-8     considers necessary for the proper conduct of the election].
 2-9           SECTION 3.  Section 33.031, Election Code, is amended to read
2-10     as follows:
2-11           Sec. 33.031.  GENERAL ELIGIBILITY REQUIREMENTS.  (a)  Except
2-12     as provided by Subsection (b), to [To] be eligible to serve as a
2-13     watcher, a  person must be a qualified voter.
2-14           (b)  To be eligible to serve as a watcher in[:]
2-15                 [(1)  of the county in which the person is to serve, in
2-16     an election ordered by the governor or a county authority or in a
2-17     primary election;]
2-18                 [(2)  of the part of the county in which the election
2-19     is held, in an election ordered by the governor or a county
2-20     authority that does not cover the entire county of the person's
2-21     residence; and]
2-22                 [(3)  of the political subdivision, in] an election
2-23     ordered by an authority of a political subdivision other than a
2-24     county, a person must be a  qualified voter of the political
2-25     subdivision.
2-26           (c) [(b)]  The Alcoholic Beverage Code supersedes this
2-27     section to the extent of any conflict.
 3-1           SECTION 4.  Section 33.052, Election Code, is amended to read
 3-2     as follows:
 3-3           Sec.  33.052.  HOURS OF SERVICE AT PRECINCT POLLING PLACE.
 3-4     [(a)] A watcher at a precinct polling place may begin service at
 3-5     any time after the presiding judge arrives at the polling place on
 3-6     election day and may remain at the polling place until the
 3-7     presiding judge and the clerks complete their duties there.  The
 3-8     watcher may serve during the hours the watcher  chooses [A watcher
 3-9     may not be accepted for service unless the watcher is present at
3-10     the time the polls are opened for voting.]
3-11           [(b)  A watcher may not leave the polling place during the
3-12     time the polls are open unless the presiding judge gives the
3-13     watcher permission to be absent for a meal or other necessary
3-14     activity.  If the presiding judge permits the clerks to leave the
3-15     polling place temporarily during the time the polls are open, the
3-16     judge must grant the same privilege to watchers.]
3-17           [(c)  A watcher who votes at another polling place in the
3-18     same election or in another election held on the same day must be
3-19     permitted to leave the polling place for the purpose of voting
3-20     during the first two hours after the polls open if the watcher has
3-21     not already voted in the election.]
3-22           [(d)  If a watcher leaves the polling place without
3-23     permission before the time for closing the polls, the presiding
3-24     judge may refuse to readmit the watcher.]
3-25           [(e)  A watcher may leave the polling place after the time
3-26     for closing the polls without obtaining permission, and the
3-27     presiding judge shall readmit the watcher on request].
 4-1           SECTION 5.  Section 42.006(d), Election Code, is amended to
 4-2     read as follows:
 4-3           (d)  In a county in which a voting system has been adopted
 4-4     for use in the general election for state and county officers, the
 4-5     maximum number of registered voters a precinct may contain is[:]
 4-6                 [(1)  3,000, in a county with a population of 250,000
 4-7     or more;]
 4-8                 [(2)  4,000, in a county with a population of 175,000
 4-9     or more but less than 250,000; and]
4-10                 [(3)]  5,000[, in a county with a population of less
4-11     than 175,000].
4-12           SECTION 6.  Subchapter B, Chapter 43, Election Code, is
4-13     amended by adding Section 43.035 to read as follows:
4-14           Sec. 43.035.  INCONSISTENT USE OF BUILDING USED FOR POLLING
4-15     PLACE PROHIBITED.  (a)  The entity that owns or controls a public
4-16     building used for a polling place may not use the building on
4-17     election day in a manner that is inconsistent or interferes with
4-18     the use of the building for a polling place.
4-19           (b)  If a polling place is not located in a public building,
4-20     the agreement to use the building for a polling place shall specify
4-21     that the building may not be used on election day in a manner that
4-22     is inconsistent or interferes with the use of the building for a
4-23     polling place.
4-24           SECTION 7.  Section 127.061, Election Code, is amended to
4-25     read as follows:
4-26           Sec. 127.061.  [AUTHORITY TO USE] SEALED BALLOT BOXES
4-27     REQUIRED.  The [As an alternative to the procedure of Subchapter B,
 5-1     the] authority adopting the voting system shall [may] provide by
 5-2     resolution, order, or other official action for the use of sealed
 5-3     ballot boxes in accordance with this subchapter.
 5-4           SECTION 8.  Section 127.066, Election Code, is amended by
 5-5     adding Subsection (d) to read as follows:
 5-6           (d)  The manager of the central counting station shall set a
 5-7     time by which each ballot box must be delivered to the central
 5-8     counting station.   In setting the time, the manager shall consider
 5-9     the distance of a polling place from the central counting station,
5-10     weather and traffic conditions on election day, and any other
5-11     factors relevant to the amount of time necessary to deliver a box
5-12     from a polling place to the central counting station.
5-13           SECTION 9.  Subchapter B, Chapter 141, Election Code, is
5-14     amended by adding Section 141.0311 to read as follows:
5-15           Sec. 141.0311.  TELEPHONIC FACSIMILE MACHINE FILING
5-16     PROHIBITED.  An application for a place on the ballot may not be
5-17     filed by telephonic facsimile machine.
5-18           SECTION 10.  Section 145.003(b), Election Code, is amended to
5-19     read as follows:
5-20           (b)  A candidate in the general election for state and county
5-21     officers may be declared ineligible:
5-22                 (1)  before the 30th day preceding election day by:
5-23                       (A) [(1)]  the party officer responsible for
5-24     certifying the candidate's name for placement on the general
5-25     election ballot, in the case of a candidate who is a political
5-26     party's nominee; or
5-27                       (B) [(2)]  the authority with whom the
 6-1     candidate's application for a place on the ballot is required to be
 6-2     filed, in the case of an independent candidate; or
 6-3                 (2)  after the 65th day and before the 54th day
 6-4     preceding election day by the secretary of state.
 6-5           SECTION 11.  Section 145.039, Election Code, is amended to
 6-6     read as follows:
 6-7           Sec. 145.039.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
 6-8     APPEAR ON GENERAL ELECTION BALLOT.   (a)  Except as provided by
 6-9     Subsection (b), if [If] a candidate dies or is declared ineligible
6-10     after the 65th day before election day, the candidate's name shall
6-11     be placed on the ballot.
6-12           (b)  If a candidate is declared ineligible under Section
6-13     145.003(b)(2), the candidate's name shall be omitted from the
6-14     ballot.
6-15           SECTION 12.  Section 145.065, Election Code, is amended to
6-16     read as follows:
6-17           Sec. 145.065.  DECEASED OR INELIGIBLE CANDIDATE'S NAME TO
6-18     APPEAR ON GENERAL ELECTION BALLOT.   (a)  Except as provided by
6-19     Subsection (b), if [If] a candidate dies or is declared ineligible
6-20     after the 65th day before election day, the candidate's name shall
6-21     be placed on the ballot.
6-22           (b)  If a candidate is declared ineligible under Section
6-23     145.003(b)(2), the candidate's name shall be omitted from the
6-24     ballot.
6-25           SECTION 13.  Sections 146.0301(a) and (d), Election Code, are
6-26     amended to read as follows:
6-27           (a)  A write-in candidate may not withdraw from the election
 7-1     after the 60th [46th] day before election day.
 7-2           (d)  A candidate's name shall be omitted from the list of
 7-3     write-in candidates if the candidate withdraws on or before the
 7-4     60th [46th] day before election day.
 7-5           SECTION 14.  Section 162.006, Election Code, is amended to
 7-6     read as follows:
 7-7           Sec. 162.006.  AFFILIATION BY TAKING OATH.  (a)  Except as
 7-8     provided by Subsection (b), a [A] person becomes affiliated with a
 7-9     political party when the person takes an oath of affiliation as
7-10     provided by Section 162.007 or 162.008.
7-11           (b)  In a voting year in which the general election for state
7-12     and county officers is held, a person may not affiliate with a
7-13     political party that holds a primary election by taking an oath of
7-14     affiliation until after the date of the party's state convention.
7-15           SECTION 15.  Section 162.008(a), Election Code, is amended to
7-16     read as follows:
7-17           (a)  This section applies only to a person desiring to
7-18     affiliate with a political party during that part of a voting year
7-19     in which the general election for state and county officers is held
7-20     that follows:
7-21                 (1)  the date of the precinct conventions held under
7-22     this title, for a party nominating by convention; or
7-23                 (2)  the date of the party's state convention [7 p.m.
7-24     on general primary election day], for a party holding a primary
7-25     election.
7-26           SECTION 16.  Section 171.004, Election Code, is amended to
7-27     read as follows:
 8-1           Sec. 171.004.  PROXY NOT ALLOWED.  A person may not [(a) To]
 8-2     participate in a state executive committee meeting as a proxy [for
 8-3     a  member representing a senatorial district, a person must reside
 8-4     in that district].
 8-5           [(b)  A person may not hold more than one proxy at any
 8-6     meeting.]
 8-7           SECTION 17.  Subchapter B, Chapter 174, Election Code, is
 8-8     amended by adding Section 174.0221 to read as follows:
 8-9           Sec. 174.0221.  INCONSISTENT USE OF BUILDING USED FOR
8-10     CONVENTION PROHIBITED.  (a)  The entity that owns or controls a
8-11     public building used for a precinct convention may not use the
8-12     building on the day of the convention in a manner that is
8-13     inconsistent or interferes with the use of the building for a
8-14     precinct convention.
8-15           (b)  If a precinct convention is not located in a public
8-16     building, the agreement to use the building for the convention
8-17     shall specify that the building may not be used on the day of the
8-18     convention in a manner that is inconsistent or interferes with the
8-19     use of the building for a precinct convention.
8-20           SECTION 18.  Subchapter C, Chapter 174, Election Code, is
8-21     amended by adding Section 174.0632 to read as follows:
8-22           Sec. 174.0632.  INCONSISTENT USE OF BUILDING USED FOR
8-23     CONVENTION PROHIBITED.  (a)  The entity that owns or controls a
8-24     public building used for a county or senatorial district convention
8-25     may not use the building on the day of the convention in a manner
8-26     that is inconsistent or interferes with the use of the building for
8-27     a county or senatorial district convention.
 9-1           (b)  If a county or senatorial district convention is not
 9-2     located in a public building, the agreement to use the building for
 9-3     the convention shall specify that the building may not be used on
 9-4     the day of the convention in a manner that is inconsistent or
 9-5     interferes with the use of the building for a county or senatorial
 9-6     district convention.
 9-7           SECTION 19.  Subchapter B, Chapter 181, Election Code, is
 9-8     amended by adding Section 181.035 to read as follows:
 9-9           Sec. 181.035.  WITHDRAWAL FROM NOMINATION.   (a)  A candidate
9-10     for nomination by a convention may not withdraw after the 62nd day
9-11     before general primary election day.
9-12           (b)  A withdrawal request under this section must be filed
9-13     with the authority with whom the withdrawing candidate's
9-14     application for nomination by a convention is required to be filed.
9-15           (c)  The withdrawal request must comply with the requirements
9-16     prescribed by Section 145.001 with changes appropriate to indicate
9-17     that the candidacy is for nomination by a convention rather than by
9-18     election.
9-19           SECTION 20.  Chapter 276, Election Code, is amended by adding
9-20     Section 276.002 to read as follows:
9-21           Sec. 276.002.  ENHANCEMENT OF OFFENSE FOR ELECTION OFFICIAL.
9-22     (a)  An offense under this code is increased to the next highest
9-23     category of offense if it is shown on the trial of the offense that
9-24     the actor was an election official at the time of the offense.
9-25           (b)  In this section, "election official" means the secretary
9-26     of state and a voter registrar, regular deputy voter registrar,
9-27     volunteer deputy registrar, county clerk, county tax
 10-1    assessor-collector, county elections administrator, election judge,
 10-2    election clerk, watcher, state inspector, or a person assisting a
 10-3    voter in voting.
 10-4          SECTION 21.  Chapter 276, Election Code, is amended by adding
 10-5    Section 276.010 to read as follows:
 10-6          Sec. 276.010.  VOTER FRAUD REPORTING PROGRAM.  (a)  The
 10-7    secretary of state shall establish a program to encourage persons
 10-8    to report voter fraud or other conduct constituting an offense
 10-9    under this code.  The program must be modeled after the crime
10-10    stopper program prescribed by Chapter 414, Government Code.
10-11          (b)  The secretary of state may accept gifts or grants to
10-12    implement the program under this section.
10-13          SECTION 22.  The following are repealed:
10-14                (1)  Section 32.052, Election Code;
10-15                (2)  Subchapter B, Chapter 127, Election Code; and
10-16                (3)  Section 127.062, Election Code.
10-17          SECTION 23.  This Act takes effect September 1, 1999.
10-18          SECTION 24.  The importance of this legislation and the
10-19    crowded condition of the calendars in both houses create an
10-20    emergency and an imperative public necessity that the
10-21    constitutional rule requiring bills to be read on three several
10-22    days in each house be suspended, and this rule is hereby suspended.