By Janek                                              H.B. No. 3411
         76R5415 DRH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain election processes and procedures.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2.025, Election Code, is amended to read
 1-5     as follows:
 1-6           Sec. 2.025.  RUNOFF ELECTION DAY.  (a)  Except as otherwise
 1-7     provided by this code [Subsection (b)], a runoff election shall be
 1-8     held on the 28th [not earlier than the 20th or later than the 30th]
 1-9     day after the date [the final canvass] of the main election [is
1-10     completed].
1-11           (b)  The [A] runoff election shall [may] be held on the
1-12     seventh day after the regularly scheduled date if that date falls
1-13     [after the period prescribed by law but not later than the 45th day
1-14     after the date the final canvass of the main election is completed
1-15     only to:]
1-16                 [(1)  permit a joint runoff election to be held with
1-17     another political subdivision in accordance with Chapter 271; or]
1-18                 [(2)  avoid holding the runoff] on:
1-19                 (1) [(A)]  a legal state or national holiday; or
1-20                 (2) [(B)]  a weekend day within three days of a legal
1-21     state or national holiday.
1-22           (c)  This section [Subsection (b)] supersedes a law outside
1-23     this subchapter to the extent of a conflict notwithstanding Section
1-24     2.022.
 2-1           SECTION 2.  Section 11.002, Election Code, is amended to read
 2-2     as follows:
 2-3           Sec. 11.002.  QUALIFIED VOTER.  In this code, "qualified
 2-4     voter" means a person who:
 2-5                 (1)  is 18 years of age or older;
 2-6                 (2)  is a United States citizen;
 2-7                 (3)  has not been determined mentally incompetent by a
 2-8     final judgment of a court;
 2-9                 (4)  has not been finally convicted of a felony or, if
2-10     so convicted, has[:]
2-11                       [(A)  fully discharged the person's sentence,
2-12     including any term of incarceration, parole, or supervision, or
2-13     completed a period of probation ordered by any court; or]
2-14                       [(B)]  been pardoned or otherwise released from
2-15     the resulting disability to vote;
2-16                 (5)  is a resident of this state; and
2-17                 (6)  is a registered voter.
2-18           SECTION 3.  Section 12.006, Election Code, is amended by
2-19     adding Subsection (e) to read as follows:
2-20           (e)  A regular deputy registrar shall comply with Sections
2-21     13.033 and 13.040 in the same manner as a volunteer deputy
2-22     registrar.
2-23           SECTION 4.  Section 13.001(a), Election Code, is amended to
2-24     read as follows:
2-25           (a)  To be eligible for registration as a voter in this
2-26     state, a person must:
2-27                 (1)  be 18 years of age or older;
 3-1                 (2)  be a United States citizen;
 3-2                 (3)  not have been determined mentally incompetent by a
 3-3     final judgment of a court;
 3-4                 (4)  not have been finally convicted of a felony or, if
 3-5     so convicted, must have[:]
 3-6                       [(A)  fully discharged the person's sentence,
 3-7     including any term of incarceration, parole, or supervision, or
 3-8     completed a period of probation ordered by any court; or]
 3-9                       [(B)]  been pardoned or otherwise released from
3-10     the resulting disability to vote; and
3-11                 (5)  be a resident of the county in which application
3-12     for registration is made.
3-13           SECTION 5.  Section 20.032, Election Code, is amended by
3-14     adding Subsection (e) to read as follows:
3-15           (e)  An agency employee who provides voter registration
3-16     assistance under this section shall comply with Sections 13.033 and
3-17     13.040 in the same manner as a volunteer deputy registrar.
3-18           SECTION 6.  Section 31.093, Election Code, is amended to read
3-19     as follows:
3-20           Sec. 31.093.  DUTY TO CONTRACT.  (a)  If requested to do so
3-21     by a political subdivision or political party, the county clerk or
3-22     county elections administrator shall enter into a contract to
3-23     furnish the election services requested, in accordance with a cost
3-24     schedule agreed on by the contracting parties.  If the contracting
3-25     parties are unable to reach an agreement, on referral by either
3-26     party, the secretary of state shall either prescribe terms that the
3-27     clerk or administrator must accept or instruct the clerk or
 4-1     administrator to decline to enter into a contract with the
 4-2     requesting party.
 4-3           (b)  A county clerk or county elections administrator may,
 4-4     but is not required to, enter into a contract to conduct a training
 4-5     program for election judges and clerks.
 4-6           SECTION 7.  Section 31.100(d), Election Code, is amended to
 4-7     read as follows:
 4-8           (d)  The county election officer may not be personally
 4-9     compensated for election services performed under an election
4-10     services contract.  A fee charged by the officer for general
4-11     supervision of the election may not exceed 25 [10] percent of the
4-12     total amount of the contract, but may not be less than $75.
4-13           SECTION 8.  Section 32.002, Election Code, is amended by
4-14     adding Subsection (f) to read as follows:
4-15           (f)  For purposes of determining which political party's
4-16     candidate for governor received the highest and second highest
4-17     number of votes in a precinct, the secretary of state shall
4-18     prescribe procedures to allow for the allocation of votes received
4-19     in a gubernatorial general election to a precinct that did not
4-20     exist or that had different boundaries in that election.
4-21           SECTION 9.  Section 32.033, Election Code, is amended to read
4-22     as follows:
4-23           Sec. 32.033.  NUMBER OF CLERKS.  (a)  The presiding judge
4-24     [authority that appoints the election judges] shall appoint
4-25     [prescribe the maximum number of] clerks in the number the judge
4-26     considers necessary for the proper conduct of the [that each
4-27     presiding judge may appoint for each] election.  [The authority may
 5-1     prescribe different maximums for different types of elections.]
 5-2           (b)  For an election other than an election ordered by the
 5-3     governor or a county authority in which the regular county election
 5-4     precincts are  required to be used [Except as provided by
 5-5     Subsection (c)], the presiding judge shall appoint at least two
 5-6     clerks for each precinct in each election [and may appoint as many
 5-7     additional clerks, within the prescribed limit, as are necessary
 5-8     for the proper conduct of the election.]
 5-9           [(c)  In each election ordered by the governor or a county
5-10     authority in which the regular county election precincts are
5-11     required to be used, the presiding judge shall appoint clerks for
5-12     each precinct in the number, within the prescribed limit, the judge
5-13     considers necessary for the proper conduct of the election].
5-14           SECTION 10.  Sections 33.007(a) and (b), Election Code, are
5-15     amended to read as follows:
5-16           (a)  Each appointing authority may appoint not more than five
5-17     [two] watchers for each precinct polling place, meeting place for
5-18     an early voting ballot board, or central counting station involved
5-19     in the election.
5-20           (b)  Each appointing authority may appoint not more than
5-21     seven watchers for each main or branch early voting polling place
5-22     involved in the election.  Not more than five [two] watchers
5-23     appointed by the same authority may be on duty at the same early
5-24     voting polling place at the same time.
5-25           SECTION 11.  Section 33.031, Election Code, is amended to
5-26     read as follows:
5-27           Sec. 33.031.  GENERAL ELIGIBILITY REQUIREMENTS.  (a)  Except
 6-1     as provided by Subsection (b), to [To] be eligible to serve as a
 6-2     watcher, a  person must be a qualified voter.
 6-3           (b)  To be eligible to serve as a watcher in[:]
 6-4                 [(1)  of the county in which the person is to serve, in
 6-5     an election ordered by the governor or a county authority or in a
 6-6     primary election;]
 6-7                 [(2)  of the part of the county in which the election
 6-8     is held, in an election ordered by the governor or a county
 6-9     authority that does not cover the entire county of the person's
6-10     residence; and]
6-11                 [(3)  of the political subdivision, in] an election
6-12     ordered by an authority of a political subdivision other than a
6-13     county, a person must be a  qualified voter of the political
6-14     subdivision.
6-15           (c) [(b)]  The Alcoholic Beverage Code supersedes this
6-16     section to the extent of any conflict.
6-17           SECTION 12.  Section 33.051(c), Election Code, is amended to
6-18     read as follows:
6-19           (c)  A watcher may [not] be accepted for service if the
6-20     watcher has possession of any mechanical or electronic means of
6-21     recording images or sound.  The presiding judge shall monitor the
6-22     use [may inquire whether a watcher has possession] of any
6-23     [prohibited] recording device as part of the judge's duty to
6-24     preserve order and prevent breaches of the peace and violations of
6-25     this code at the polling place.  The secretary of state shall
6-26     prescribe procedures as necessary for the implementation of this
6-27     subsection [before accepting the watcher for service].
 7-1           SECTION 13.  Section 33.052, Election Code, is amended to
 7-2     read as follows:
 7-3           Sec.  33.052.  HOURS OF SERVICE AT PRECINCT POLLING PLACE.
 7-4     [(a)] A watcher at a precinct polling place may begin service at
 7-5     any time after the presiding judge arrives at the polling place on
 7-6     election day and may remain at the polling place until the
 7-7     presiding judge and the clerks complete their duties there.  The
 7-8     watcher may serve during the hours the watcher  chooses [A watcher
 7-9     may not be accepted for service unless the watcher is present at
7-10     the time the polls are opened for voting.]
7-11           [(b)  A watcher may not leave the polling place during the
7-12     time the polls are open unless the presiding judge gives the
7-13     watcher permission to be absent for a meal or other necessary
7-14     activity.  If the presiding judge permits the clerks to leave the
7-15     polling place temporarily during the time the polls are open, the
7-16     judge must grant the same privilege to watchers.]
7-17           [(c)  A watcher who votes at another polling place in the
7-18     same election or in another election held on the same day must be
7-19     permitted to leave the polling place for the purpose of voting
7-20     during the first two hours after the polls open if the watcher has
7-21     not already voted in the election.]
7-22           [(d)  If a watcher leaves the polling place without
7-23     permission before the time for closing the polls, the presiding
7-24     judge may refuse to readmit the watcher.]
7-25           [(e)  A watcher may leave the polling place after the time
7-26     for closing the polls without obtaining permission, and the
7-27     presiding judge shall readmit the watcher on request].
 8-1           SECTION 14.  Section 41.001, Election Code, is amended by
 8-2     amending Subsections (a) and (b) and adding Subsection (e) to read
 8-3     as follows:
 8-4           (a)  Except as otherwise provided by this subchapter, each
 8-5     general or special election in this state shall be held on one of
 8-6     the following dates:
 8-7                 (1)  the third Saturday in January;
 8-8                 (2)  the fourth [first] Saturday in March [May];
 8-9                 (3)  the third [second] Saturday in September [August];
8-10     or
8-11                 (4)  the first Tuesday after the first Monday in
8-12     November.
8-13           (b)  Subsection (a)  does not apply to:
8-14                 (1)  a runoff election;
8-15                 (2)  [a local option election held under the Alcoholic
8-16     Beverage Code;]
8-17                 [(3)  an election for the issuance or assumption of
8-18     bonds or the levy of a tax for the maintenance of a public school
8-19     or college, if the governing body of the political subdivision
8-20     issuing or assuming the bonds or levying the tax, by resolution,
8-21     order, or ordinance, finds that holding the election on a date
8-22     other than a uniform election date is in the public interest, which
8-23     finding is conclusive and incontestable;]
8-24                 [(4)]  an election to resolve a tie vote;
8-25                 (3) [(5)]  an election held under an order of a court
8-26     or other tribunal;
8-27                 (4) [(6)]  an emergency election ordered under Section
 9-1     41.0011;
 9-2                 (5) [(7)]  an expedited election to fill a vacancy in
 9-3     the legislature held under Section 203.013; or
 9-4                 (6) [(8)  an election held by a political subdivision
 9-5     using the convention method of election;]
 9-6                 [(9)]  an election held under a statute that expressly
 9-7     provides that the requirement of Subsection (a) does not apply to
 9-8     the election[; or]
 9-9                 [(10)  an election to recall an officer of a political
9-10     subdivision].
9-11           (e)  An election in which a majority vote is required may not
9-12     be held on the September uniform election date.
9-13           SECTION 15.  Section 41.0052(a), Election Code, is amended to
9-14     read as follows:
9-15           (a)  The governing body of a political subdivision other than
9-16     a county may, not later than December 31, 2001 [1997], change the
9-17     date on which it holds its general election for officers to another
9-18     authorized uniform election date.  An election on the new date may
9-19     not be held before 2002 [1998].
9-20           SECTION 16.  Sections 41.007(a), (b), and (c), Election Code,
9-21     are amended to read as follows:
9-22           (a)  The general primary election date is the second Saturday
9-23     in May [second Tuesday in March] in each even-numbered year.
9-24           (b)  The runoff primary election date is the second Saturday
9-25     in June [second Tuesday in April] following the general primary
9-26     election.
9-27           (c)  The presidential primary election date is the second
 10-1    Saturday in May [second Tuesday in March] in each presidential
 10-2    election year.
 10-3          SECTION 17.  Section 42.002, Election Code, is amended to
 10-4    read as follows:
 10-5          Sec. 42.002.  Required Use of County Precincts.  (a)  The
 10-6    county election precincts are the election precincts for the
 10-7    following elections:
 10-8                (1)  the general election for state and county
 10-9    officers;
10-10                (2)  a special election ordered by the governor;
10-11                (3)  a primary election; [and]
10-12                (4)  a countywide election ordered by the commissioners
10-13    court, county judge, or other county authority, except an election
10-14    subject to Section 42.062(2); and
10-15                (5)  a joint election, to the extent provided by
10-16    Section 42.0621.
10-17          (b)  Except as provided by Sections 42.008, [and] 42.009, and
10-18    42.0621, county election precincts may not be consolidated for an
10-19    election.
10-20          SECTION 18.  Subchapter C, Chapter 42, Election Code, is
10-21    amended by adding Section 42.0621 to read as follows:
10-22          Sec. 42.0621.  PRECINCTS FOR JOINT ELECTION.  (a)  In a joint
10-23    election, the participating political subdivisions shall use the
10-24    regular county election precincts in the parts of the political
10-25    subdivisions that contain the same territory.  Two or more of the
10-26    county election precincts may be consolidated into a single
10-27    precinct if the polling place is located so that it will adequately
 11-1    serve the voters of the consolidated precinct.
 11-2          (b)  Each political subdivision participating in a joint
 11-3    election shall establish election precincts in the territory of
 11-4    that political subdivision that is not common with territory of
 11-5    another participating political subdivision.  One or more separate
 11-6    precincts may be established in that territory, or that territory
 11-7    may be consolidated into one or more precincts established in the
 11-8    common territory.
 11-9          SECTION 19.  Subchapter A, Chapter 43, Election Code, is
11-10    amended by adding Section 43.0051 to read as follows:
11-11          Sec. 43.0051.  DESIGNATION OF LOCATION:  JOINT ELECTION.  (a)
11-12    The authorities establishing joint election precincts under Section
11-13    42.0621 shall designate the regular county polling place as the
11-14    joint election polling place for each regular county election
11-15    precinct used in the joint election unless the regular county
11-16    polling place is unavailable, in which case the authorities shall
11-17    designate another location.  If county election precincts are
11-18    consolidated for the joint election, the authorities shall
11-19    designate the location of the polling place for each consolidated
11-20    precinct.
11-21          (b)  Each political subdivision participating in a joint
11-22    election shall designate polling places in the territory of that
11-23    political subdivision that is not common with territory of another
11-24    participating political subdivision.  If the voters of the
11-25    territory that is not common to two or more participating political
11-26    subdivisions can be served adequately and conveniently by a polling
11-27    place located in the common territory of those political
 12-1    subdivisions, the common polling place may be designated.
 12-2          (c)  If the authorities designating a common polling place
 12-3    under this section cannot agree on the location, the participating
 12-4    political subdivision with the greatest number of registered voters
 12-5    shall make the designation.
 12-6          SECTION 20.  Section 43.033(a), Election Code, is amended to
 12-7    read as follows:
 12-8          (a)  No charge, including a charge for personnel, utilities,
 12-9    or other expenses incurred before or after regular business hours,
12-10    may be made for the use of a public building for a polling place if
12-11    the day of the election is a day on which the building is normally
12-12    open for business.  If the day of the election is a day on which
12-13    the building is not normally open for business, a reasonable charge
12-14    may be made only for reimbursement for the actual expenses
12-15    resulting from use of the building in the election and a rental
12-16    charge may not be made for the use of the building.
12-17          SECTION 21.  Subchapter B, Chapter 43, Election Code, is
12-18    amended by adding Section 43.035 to read as follows:
12-19          Sec. 43.035.  INCONSISTENT USE OF BUILDING USED FOR POLLING
12-20    PLACE PROHIBITED.  (a)  The entity that owns or controls a public
12-21    building used for a polling place may not use the building on
12-22    election day in a manner that is inconsistent or interferes with
12-23    the use of the building for a polling place.
12-24          (b)  If a polling place is not located in a public building,
12-25    the agreement to use the building for a polling place shall specify
12-26    that the building may not be used on election day in a manner that
12-27    is inconsistent or interferes with the use of the building for a
 13-1    polling place.
 13-2          SECTION 22.  Section 63.0101, Election Code, is amended to
 13-3    read as follows:
 13-4          Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  Any
 13-5    two of the [The] following forms of documentation are [is]
 13-6    acceptable as proof of identification under this chapter:
 13-7                (1)  a driver's license or personal identification card
 13-8    issued to the person by the Department of Public Safety or a
 13-9    similar document issued to the person by an agency of another
13-10    state, regardless of whether the license or card has expired;
13-11                (2)  a form of identification containing the person's
13-12    photograph that establishes the person's identity;
13-13                (3)  a birth certificate or other document confirming
13-14    birth that is admissible in a court of law and establishes the
13-15    person's identity;
13-16                (4)  United States citizenship papers issued to the
13-17    person;
13-18                (5)  a United States passport issued to the person;
13-19                (6)  pre-printed checks containing the person's name
13-20    that are issued for a financial institution doing business in this
13-21    state;
13-22                (7)  official mail addressed to the person by name from
13-23    a governmental entity;
13-24                (8)  two other forms of identification that establish
13-25    the person's identity; or
13-26                (9)  two [any] other forms [form] of identification
13-27    prescribed by the secretary of state.
 14-1          SECTION 23.  Section 66.053, Election Code, is amended by
 14-2    adding Subsection (d) to read as follows:
 14-3          (d)  In a primary election, an election judge or clerk may
 14-4    participate in a precinct convention in the judge's or clerk's
 14-5    election precinct before delivering precinct election records.
 14-6          SECTION 24.  Section 84.001(c), Election Code, is amended to
 14-7    read as follows:
 14-8          (c)  An applicant must [is not required to] use an official
 14-9    application form.
14-10          SECTION 25.  Section 84.002, Election Code, is amended by
14-11    amending Subsection (a) and adding Subsection (c) to read as
14-12    follows:
14-13          (a)  An early voting ballot application must include:
14-14                (1)  the applicant's:
14-15                      (A) name as indicated on the applicant's voter
14-16    registration certificate;
14-17                      (B)  [and the] address at which the applicant is
14-18    registered to vote;
14-19                      (C)  date of birth; and
14-20                      (D)  voter registration number and county
14-21    election precinct of registration;
14-22                (2)  for an application for a ballot to be voted by
14-23    mail on the ground of absence from the county of residence, the
14-24    address outside the  applicant's county of residence to which the
14-25    ballot is to be mailed;
14-26                (3)  for an application for a ballot to be voted by
14-27    mail on the ground of age or disability, the address of the
 15-1    hospital, nursing home or  other long-term care facility, or
 15-2    retirement center, or of a person related to the applicant within
 15-3    the second degree by affinity or the third degree by consanguinity,
 15-4    as determined under Chapter 573, Government Code, if the applicant
 15-5    is living at that address and that address is different from the
 15-6    address at which the applicant is registered to vote;
 15-7                (4)  for an application for a ballot to be voted by
 15-8    mail on the ground of confinement in jail, the address of the jail
 15-9    or of a person related to the applicant within the degree described
15-10    by Subdivision (3);
15-11                (5)  for an application for a ballot to be voted by
15-12    mail on any ground, an indication of each election for which the
15-13    applicant is applying for a ballot; and
15-14                (6)  an indication of the ground of eligibility for
15-15    early voting.
15-16          (c)  An application for a ballot to be voted by mail on the
15-17    ground of disability must include a statement from a physician or
15-18    other health care provider that the applicant has a sickness or
15-19    physical condition that prevents the person from appearing at the
15-20    polling place on election day and during the early voting period
15-21    without a likelihood of needing personal assistance or of injuring
15-22    the person's health.  The statement must be signed and acknowledged
15-23    by both the physician or other health care provider and the
15-24    applicant.
15-25          SECTION 26.  Section 84.011(a), Election Code, is amended to
15-26    read as follows:
15-27          (a)  In addition to the other statements and spaces for
 16-1    entering information that appear on an [The] officially prescribed
 16-2    application form for an early voting ballot, each official form
 16-3    must include:
 16-4                (1)  immediately preceding the signature space the
 16-5    statement:  "I certify that the information given in this
 16-6    application is true, and I understand that giving false information
 16-7    in this application is a crime.";
 16-8                (2)  a statement informing the applicant of the offense
 16-9    prescribed by Section 84.004; and
16-10                (3)  [spaces for entering  an applicant's voter
16-11    registration number and county election precinct of registration,
16-12    with a statement informing the applicant that failure to furnish
16-13    that information does not invalidate the application; and]
16-14                [(4)]  on an application for a ballot to be voted by
16-15    mail:
16-16                      (A)  a space for an applicant applying on the
16-17    ground of absence from the county of residence to indicate the date
16-18    on or after which the applicant can receive mail at the address
16-19    outside the county;
16-20                      (B)  a space for indicating the fact that an
16-21    applicant whose application is signed by a witness cannot make the
16-22    applicant's mark and a space for indicating the relationship or
16-23    lack of relationship of the witness to the applicant;
16-24                      (C)  a space for entering an applicant's
16-25    telephone number, with a statement informing the applicant that
16-26    failure to furnish that information does not invalidate the
16-27    application;
 17-1                      (D)  a space or box for an applicant applying on
 17-2    the ground of age or disability to indicate that the address to
 17-3    which the ballot is to be mailed is the address of a facility or
 17-4    relative described by Section 84.002(a)(3), if applicable;
 17-5                      (E)  a space or box for an applicant applying on
 17-6    the ground of confinement in jail to indicate that the address to
 17-7    which the ballot is to be mailed is the address of a relative
 17-8    described by Section 84.002(a)(4), if applicable;
 17-9                      (F)  a space for entering the name of any person
17-10    assisting the applicant;               
17-11                      (G)  a statement informing the applicant of the
17-12    condition prescribed by Section 81.005; and
17-13                      (H)  a statement informing the applicant of the
17-14    requirement prescribed by Section 86.003(c).
17-15          SECTION 27.  Section 85.064, Election Code, is amended to
17-16    read as follows:
17-17          Sec. 85.064.  DAYS AND HOURS FOR VOTING:  TEMPORARY BRANCH
17-18    [IN POPULOUS COUNTY].  [(a)  This section applies only to an
17-19    election in which the territory served by the early voting clerk is
17-20    situated in a county with a population of 100,000 or more.  In an
17-21    election in which the territory served by the clerk is situated in
17-22    more than one county, this section applies if the sum of the
17-23    populations of the counties is 100,000 or more.]
17-24          [(b)]  Early voting by personal appearance at each temporary
17-25    branch polling place [established under Section 85.062(d)] shall be
17-26    conducted on the days and during the hours that voting is [required
17-27    to be] conducted at the main early voting polling place [under
 18-1    Section 85.005].  [The authority establishing the temporary branch
 18-2    polling place shall determine the hours during which the voting is
 18-3    to be conducted on those days.  The authority shall order voting to
 18-4    be conducted for the same number of hours that voting is required
 18-5    to be conducted on those days at the main early voting polling
 18-6    place under Section 85.005 on receipt of a written request for
 18-7    those hours submitted by at least 15 registered voters of the
 18-8    county.  The request must be submitted in time to enable compliance
 18-9    with Section 85.067.]
18-10          [(c)  Early voting by personal appearance at a temporary
18-11    branch polling place other than a temporary branch polling place
18-12    established under Section 85.062(d) may be conducted on any one or
18-13    more days and during any hours of the period for early voting by
18-14    personal appearance, as determined by the authority establishing
18-15    the branch.]
18-16          [(d)  The authority authorized under Section 85.006 to order
18-17    early voting on a Saturday or Sunday may also order, in the manner
18-18    prescribed by that section, early voting to be conducted on a
18-19    Saturday or Sunday at any one or more of the temporary branch
18-20    polling places.  In addition, the early voting clerk of a county
18-21    covered by Section 85.006(e) shall order such voting in accordance
18-22    with that subsection at each temporary branch polling place
18-23    established under Section 85.062(d).]
18-24          SECTION 28.  Section 86.002, Election Code, is amended by
18-25    adding Subsection (f) to read as follows:
18-26          (f)  The clerk shall include with the balloting materials a
18-27    statement form to be completed and signed by the voter.  On the
 19-1    statement the voter must provide the information described by
 19-2    Section 84.002(a)(1) that the voter provided on the ballot
 19-3    application.  As part of the statement, the voter must sign an oath
 19-4    stating that the ballot reflects the voluntary will of the voter.
 19-5    A voter may receive assistance in completing the statement as
 19-6    provided by Section 86.010.
 19-7          SECTION 29.  Section 86.005(c), Election Code, is amended to
 19-8    read as follows:
 19-9          (c)  After marking the ballot, the voter must place it and
19-10    the statement required by Section 86.002(f) in the official ballot
19-11    envelope and then seal the ballot envelope, place the ballot
19-12    envelope in the official carrier envelope and then seal the carrier
19-13    envelope, and sign the certificate on the carrier envelope.
19-14          SECTION 30.  Section 86.014(a), Election Code, is amended to
19-15    read as follows:
19-16          (a)  A copy of an application for a ballot to be voted by
19-17    mail may be obtained from the early voting clerk on or after the
19-18    10th day[:]
19-19                [(1)  72 hours] after the date [time] a ballot is
19-20    mailed to the voter[; or]
19-21                [(2)  48 hours after the time a ballot is mailed to the
19-22    voter if the mailing occurs on the fourth day before election day].
19-23          SECTION 31.  Section 87.041(b), Election Code, is amended to
19-24    read as follows:
19-25          (b)  A ballot may be accepted only if:
19-26                (1)  the carrier envelope certificate is properly
19-27    executed;
 20-1                (2)  neither the voter's signature on the ballot
 20-2    application nor the signature on the carrier envelope certificate
 20-3    is determined to have been executed by a person other than the
 20-4    voter, unless signed by a witness;
 20-5                (3)  the voter's ballot application states a legal
 20-6    ground for early voting by mail;
 20-7                (4)  the voter is registered to vote, if registration
 20-8    is required by law;
 20-9                (5)  the address to which the ballot was mailed to the
20-10    voter, as indicated by the application, was outside the voter's
20-11    county of residence, if the ground for early voting is absence from
20-12    the county of residence;  [and]
20-13                (6)  for a voter to whom a statement of residence form
20-14    was required to be sent under Section 86.002(a), the statement of
20-15    residence is returned in the carrier envelope and indicates that
20-16    the voter satisfies the residence requirements prescribed by
20-17    Section 63.0011; and
20-18                (7)  the voter completes and returns the statement
20-19    required by Section 86.002(f) with the ballot and the information
20-20    contained on the statement matches the information provided on the
20-21    ballot application under Section 84.002(a)(1).
20-22          SECTION 32.  Section 87.121(f), Election Code, is amended to
20-23    read as follows:
20-24          (f)  Information on the roster for a person to whom an early
20-25    voting mail ballot has been sent is not available for public
20-26    inspection, except to the voter seeking to verify that the
20-27    information pertaining to the voter is accurate, until the 10th
 21-1    day[:]
 21-2                [(1)  72 hours] after the date [time] a ballot is
 21-3    mailed to the voter[; or]
 21-4                [(2)  48 hours after the time a ballot is mailed to the
 21-5    voter if the mailing occurs on the fourth day before election day].
 21-6          SECTION 33.  Section 127.066, Election Code, is amended by
 21-7    adding Subsection (d) to read as follows:
 21-8          (d)  The manager of the central counting station shall set a
 21-9    time by which each ballot box must be delivered to the central
21-10    counting station.  In setting the time, the manager shall consider
21-11    the distance of a polling place from the central counting station,
21-12    weather and traffic conditions on election day, and any other
21-13    factors relevant to the amount of time necessary to deliver a box
21-14    from a polling place to the central counting station.
21-15          SECTION 34.  Section 162.006, Election Code, is amended to
21-16    read as follows:
21-17          Sec. 162.006.  AFFILIATION BY TAKING OATH.   (a)  Except as
21-18    provided by Subsection (b), a [A] person becomes affiliated with a
21-19    political party when the person takes an oath of affiliation as
21-20    provided by Section 162.007 or 162.008.
21-21          (b)  In a voting year in which the general election for state
21-22    and county officers is held, a person may not affiliate with a
21-23    political party that holds a primary election by taking an oath of
21-24    affiliation until after the date of the party's state convention.
21-25          SECTION 35.  Section 162.008(a), Election Code, is amended to
21-26    read as follows:
21-27          (a)  This section applies only to a person desiring to
 22-1    affiliate with a political party during that part of a voting year
 22-2    in which the general election for state and county officers is held
 22-3    that follows:
 22-4                (1)  the date of the precinct conventions held under
 22-5    this title, for a party nominating by convention; or
 22-6                (2)  the date of the party's state convention [7 p.m.
 22-7    on general primary election day], for a party holding a primary
 22-8    election.
 22-9          SECTION 36.  Section 171.004, Election Code, is amended to
22-10    read as follows:
22-11          Sec. 171.004.  PROXY NOT ALLOWED.  A person may not [(a) To]
22-12    participate in a state executive committee meeting as a proxy [for
22-13    a member representing a senatorial district, a person must reside
22-14    in that district].
22-15          [(b)  A person may not hold more than one proxy at any
22-16    meeting.]
22-17          SECTION 37.  Section 172.023(a), Election Code, is amended to
22-18    read as follows:
22-19          (a)  An application for a place on the general primary
22-20    election ballot must be filed not later than 6 p.m. on the last
22-21    Monday in February [January 2] in the primary election year unless
22-22    the filing deadline is extended under Subchapter C.
22-23          SECTION 38.  Section 172.052(a), Election Code, is amended to
22-24    read as follows:
22-25          (a)  A candidate for nomination may not withdraw from the
22-26    general primary election after the 64th [62nd] day before general
22-27    primary election day.
 23-1          SECTION 39.  Section 172.054(a), Election Code, is amended to
 23-2    read as follows:
 23-3          (a)  The deadline for filing an application for a place on
 23-4    the general primary election ballot is extended as provided by this
 23-5    section if a candidate who has made an application that complies
 23-6    with the applicable requirements:
 23-7                (1)  dies on or after the fifth day before the date of
 23-8    the regular filing deadline and on or before the 64th [62nd] day
 23-9    before general primary election day;
23-10                (2)  holds the office for which the application was
23-11    made and withdraws or is declared ineligible on or after the date
23-12    of the regular filing deadline and on or before the 64th [62nd] day
23-13    before general primary election day; or
23-14                (3)  withdraws or is declared ineligible during the
23-15    period prescribed by Subdivision (2), and at the time of the
23-16    withdrawal or declaration of ineligibility no other candidate has
23-17    made an application that complies with the applicable requirements
23-18    for the office sought by the withdrawn or ineligible candidate.
23-19          SECTION 40.  Section 172.055, Election Code, is amended by
23-20    adding Subsection (e) to read as follows:
23-21          (e)  Section 1.006 does not apply to this section.
23-22          SECTION 41.  Section 172.057, Election Code, is amended to
23-23    read as follows:
23-24          Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S
23-25    NAME OMITTED FROM GENERAL PRIMARY BALLOT.  A candidate's name shall
23-26    be omitted from the general primary election ballot if the
23-27    candidate withdraws, dies, or is declared ineligible on or before
 24-1    the 64th [62nd] day before general primary election day.
 24-2          SECTION 42.  Section 172.058(a), Election Code, is amended to
 24-3    read as follows:
 24-4          (a)  If a candidate who has made an application for a place
 24-5    on the general primary election ballot that complies with the
 24-6    applicable requirements dies or is declared ineligible after the
 24-7    64th [62nd] day before general primary election day, the
 24-8    candidate's name shall be placed on the ballot and the votes cast
 24-9    for the candidate shall be counted and entered on the official
24-10    election returns in the same manner as for the other candidates.
24-11          SECTION 43.  Section 172.116(b), Election Code, is amended to
24-12    read as follows:
24-13          (b)  The committee shall convene to conduct the local canvass
24-14    at the county seat not earlier than 6 p.m. on the first Monday
24-15    [Thursday] or later than 1 p.m. on the first Tuesday [Friday] after
24-16    election day at the hour specified by the county chair.
24-17          SECTION 44.  Section 172.120(b), Election Code, is amended to
24-18    read as follows:
24-19          (b)  The state executive committee shall convene to conduct
24-20    the state canvass for the general primary election on the second
24-21    Monday [Wednesday] after general primary election day.  Not later
24-22    than the second Saturday after runoff primary election day, the
24-23    committee shall convene at the call of the state chair to conduct
24-24    the state canvass of the runoff primary election.
24-25          SECTION 45.  Subchapter B, Chapter 174, Election Code, is
24-26    amended by adding Section 174.0221 to read as follows:
24-27          Sec. 174.0221.  INCONSISTENT USE OF BUILDING USED FOR
 25-1    CONVENTION PROHIBITED.  (a)  The entity that owns or controls a
 25-2    public building used for a precinct convention may not use the
 25-3    building on the day of the convention in a manner that is
 25-4    inconsistent or interferes with the use of the building for a
 25-5    precinct convention.
 25-6          (b)  If a precinct convention is not located in a public
 25-7    building, the agreement to use the building for the convention
 25-8    shall specify that the building may not be used on the day of the
 25-9    convention in a manner that is inconsistent or interferes with the
25-10    use of the building for a precinct convention.
25-11          SECTION 46.  Section 174.063(a), Election Code, is amended to
25-12    read as follows:
25-13          (a)  The county and senatorial district conventions shall be
25-14    held on the first [third] Saturday after general primary election
25-15    day.  [However, if that date occurs during Passover or on the day
25-16    following Good Friday, the conventions shall be held on the next
25-17    Saturday that does not occur during Passover or on the day
25-18    following Good Friday.]
25-19          SECTION 47.  Subchapter C, Chapter 174, Election Code, is
25-20    amended by adding Section 174.0632 to read as follows:
25-21          Sec. 174.0632.  INCONSISTENT USE OF BUILDING USED FOR
25-22    CONVENTION PROHIBITED.  (a)  The entity that owns or controls a
25-23    public building used for a county or senatorial district convention
25-24    may not use the building on the day of the convention in a manner
25-25    that is inconsistent or interferes with the use of the building for
25-26    a county or senatorial district convention.
25-27          (b)  If a county or senatorial district convention is not
 26-1    located in a public building, the agreement to use the building for
 26-2    the convention shall specify that the building may not be used on
 26-3    the day of the convention in a manner that is inconsistent or
 26-4    interferes with the use of the building for a county or senatorial
 26-5    district convention.
 26-6          SECTION 48.  Section 181.0041, Election Code, is amended to
 26-7    read as follows:
 26-8          Sec. 181.0041.  REGISTRATION OF PARTY REQUIRED.  A political
 26-9    party that intends to make nominations under this chapter for the
26-10    general election for state and county officers must register with
26-11    the secretary of state, in the manner prescribed by the secretary,
26-12    not later than the regular filing deadline for candidates in the
26-13    general primary election [January 2 of the election year].
26-14          SECTION 49.  Section 181.033(a), Election Code, is amended to
26-15    read as follows:
26-16          (a)  Except as provided by Subsection (b), an application for
26-17    nomination by a convention must be filed not later than the regular
26-18    filing deadline for candidates in the general primary election  [5
26-19    p.m. on January 2 preceding the convention].
26-20          SECTION 50.  Sections 181.061(b) and (c), Election Code, are
26-21    amended to read as follows:
26-22          (b)  A party nominating by convention must make its
26-23    nominations for offices of districts situated in more than one
26-24    county at district conventions held on the second Saturday after
26-25    general primary election day [the  second Tuesday in March].  A
26-26    district convention consists of delegates selected at the county
26-27    conventions held under Subsection (c).
 27-1          (c)  A party nominating by convention must make its
 27-2    nominations for county and precinct offices and for offices of
 27-3    districts not situated in more than one county at county
 27-4    conventions held on the first Saturday after general primary
 27-5    election day [the second Tuesday in March].  A county convention
 27-6    consists of delegates selected at precinct conventions held on
 27-7    general primary election day [the second Tuesday in March] in the
 27-8    regular county election precincts.
 27-9          SECTION 51.  Section 182.005, Election Code, is amended to
27-10    read as follows:
27-11          Sec. 182.005.  NOMINATIONS MADE BY COUNTY CONVENTION.  A
27-12    political party must make its nominations under this chapter at a
27-13    county convention held on the first Saturday after general primary
27-14    election day [the second Tuesday in March of the election year].
27-15    The convention consists of delegates selected at precinct
27-16    conventions held on general primary election day [the second
27-17    Tuesday in March] in the regular county  election precincts.
27-18          SECTION 52.  Section 192.032(c), Election Code, is amended to
27-19    read as follows:
27-20          (c)  The application must be filed with the secretary of
27-21    state not later than the second Monday in July [May] of the
27-22    presidential election year.
27-23          SECTION 53.  Section 202.004(a), Election Code, is amended to
27-24    read as follows:
27-25          (a)  A political party's nominee for an unexpired term must
27-26    be nominated by primary election if:
27-27                (1)  the political party is making nominations by
 28-1    primary election for the general election in which the vacancy is
 28-2    to be filled; and
 28-3                (2)  the vacancy occurs on or before the 64th [62nd]
 28-4    day before general primary election day.
 28-5          SECTION 54.  Section 202.006(a), Election Code, is amended to
 28-6    read as follows:
 28-7          (a)  A political party's state, district, county, or precinct
 28-8    executive committee, as appropriate for the particular office, may
 28-9    nominate a candidate for the unexpired term if:
28-10                (1)  in the case of a party holding a primary election,
28-11    the vacancy occurs after the 64th [62nd] day before general primary
28-12    election day; or
28-13                (2)  in the case of a party nominating by convention,
28-14    the vacancy occurs after the fourth day before the date the
28-15    convention having the power to make a nomination for the office
28-16    convenes.
28-17          SECTION 55.  Section 204.003, Election Code, is amended to
28-18    read as follows:
28-19          Sec. 204.003.  VACANCY FILLED AT GENERAL ELECTION.  If a
28-20    vacancy occurs on or after January 1 of an even-numbered year and
28-21    on or before the 64th [62nd] day before general primary election
28-22    day, the remainder of the unexpired term shall be filled at the
28-23    next general election for state and county officers.
28-24          SECTION 56.  Section 204.005, Election Code, is amended to
28-25    read as follows:
28-26          Sec. 204.005.  VACANCY FILLED AT SPECIAL ELECTION.  If a
28-27    vacancy occurs during an odd-numbered year or after the 64th [62nd]
 29-1    day before general primary election day in an even-numbered year,
 29-2    the remainder of the unexpired term shall be filled by a special
 29-3    election in the same manner as provided by Chapter 203 for the
 29-4    legislature, except that:
 29-5                (1)  the minimum number of signatures that must appear
 29-6    on a petition accompanying a candidate's application for a place on
 29-7    the ballot is 5,000; and
 29-8                (2)  Section 203.013 does not apply.
 29-9          SECTION 57.  Section 271.002, Election Code, is amended to
29-10    read as follows:
29-11          Sec. 271.002.  JOINT ELECTIONS REQUIRED [AUTHORIZED].  (a)
29-12    If the elections ordered by the authorities of two or more
29-13    political subdivisions are to be held on the same day in all or
29-14    part of the same territory, the governing bodies of the political
29-15    subdivisions shall [may] enter into an agreement to hold the
29-16    elections jointly [in the election precincts that can be served by
29-17    common polling places, subject to Section 271.003].
29-18          (b)  If an election ordered by the governor and the elections
29-19    ordered by the authorities of one or more political subdivisions
29-20    are to be held on the same day in all or part of the same
29-21    territory, the commissioners court of a county in which the
29-22    election ordered by the governor is to be held and the governing
29-23    bodies of the other political subdivisions shall [may] enter into
29-24    an agreement to hold the elections jointly [in the election
29-25    precincts that can be served by common polling places, subject to
29-26    Section 271.003].
29-27          [(c)  If another law requires two or more political
 30-1    subdivisions to hold a joint election, the governing body of any
 30-2    other political subdivision holding an election on the same day in
 30-3    all or part of the same territory in which the joint election is to
 30-4    be held may enter into an agreement to participate in the joint
 30-5    election with the governing bodies of the political subdivisions
 30-6    holding the joint election.]
 30-7          (c) [(d)]  The terms of the [a] joint election agreement,
 30-8    including all the decisions necessary for conducting the election
 30-9    in accordance with this chapter, must be stated in an order,
30-10    resolution, or other official action adopted by the governing body
30-11    of each participating political subdivision.
30-12          (d) [(e)]  The document containing the joint election
30-13    agreement shall be preserved for the period for preserving the
30-14    precinct election records.
30-15          (e)  The governing body of each political subdivision
30-16    participating in the joint election shall appoint one
30-17    representative to an election committee, which shall implement the
30-18    joint election agreement.
30-19          (f)  The county clerk or, if applicable, the county elections
30-20    administrator shall serve as the chief administrator of a joint
30-21    election.
30-22          (g)  The secretary of state shall prescribe any additional
30-23    procedures necessary to implement this section.
30-24          SECTION 58.  Section 271.005, Election Code, is amended by
30-25    adding Subsection (c) to read as follows:
30-26          (c)  For a joint election precinct in which an office of the
30-27    county, state, or federal government is on the ballot, the
 31-1    presiding election judge and alternate presiding judge serving that
 31-2    precinct must be persons who normally serve as presiding judge and
 31-3    alternate presiding judge in the regular county election precinct
 31-4    in county elections.  In addition, the presiding judge of the early
 31-5    voting ballot board and the chair of a signature verification
 31-6    committee for such a joint election must be persons who normally
 31-7    would be appointed to serve in those positions in the particular
 31-8    election in which an office of the county, state, or federal
 31-9    government is on the ballot.
31-10          SECTION 59.  Section 271.006, Election Code, is amended to
31-11    read as follows:
31-12          Sec. 271.006.  EARLY VOTING.  (a)  The governing bodies of
31-13    the political subdivisions participating in a joint election shall
31-14    [decide whether to conduct their early voting jointly.  The
31-15    governing bodies that decide to conduct joint early voting shall]
31-16    appoint one of their early voting clerks as the early voting clerk
31-17    for the joint early voting.
31-18          (b)  The joint early voting shall be conducted at the early
31-19    voting polling place or places at which and during the hours,
31-20    including any extended or weekend hours, that the early voting
31-21    clerk regularly conducts early voting for the clerk's political
31-22    subdivision.
31-23          (c)  The regular early voting clerk for each political
31-24    subdivision participating in the joint early voting shall receive
31-25    applications for early voting ballots to be voted by mail in
31-26    accordance with Title 7.  The remaining procedures for conducting
31-27    the political subdivision's early voting by mail shall be completed
 32-1    by the regular early voting clerk or by the early voting clerk for
 32-2    the joint early voting, at the discretion of the governing body of
 32-3    each political subdivision participating in the joint early voting.
 32-4          [(d)  If a governing body decides not to participate in the
 32-5    joint early voting, the early voting for that political subdivision
 32-6    shall be conducted in accordance with Title 7, except that the
 32-7    early voting may be conducted at common polling places.]
 32-8          SECTION 60.  Chapter 276, Election Code, is amended by adding
 32-9    Section 276.002 to read as follows:
32-10          Sec. 276.002.  ENHANCEMENT OF OFFENSE FOR ELECTION OFFICIAL.
32-11    (a)  An offense under this code is increased to the next highest
32-12    category of offense if it is shown on the trial of the offense that
32-13    the actor was an election official at the time of the offense.
32-14          (b)  In this section, "election official" means the secretary
32-15    of state and a voter registrar, regular deputy voter registrar,
32-16    volunteer deputy registrar, county clerk, county tax
32-17    assessor-collector, county elections administrator, election judge,
32-18    election clerk, watcher, state inspector, or a person assisting a
32-19    voter in voting.
32-20          SECTION 61.  Chapter 276, Election Code, is amended by adding
32-21    Section 276.010 to read as follows:
32-22          Sec. 276.010.  VOTER FRAUD REPORTING PROGRAM.  (a)  The
32-23    secretary of state shall establish a program to encourage persons
32-24    to report voter fraud or other conduct constituting an offense
32-25    under this code.  The program must be modeled after the crime
32-26    stopper program prescribed by Chapter 414, Government Code.
32-27          (b)  The secretary of state may accept gifts or grants to
 33-1    implement the program under this section.
 33-2          SECTION 62.  Sections 32.052, 85.065, 86.001(d), 271.003, and
 33-3    271.014, Election Code, are repealed.
 33-4          SECTION 63.  (a)  An election that is held on the August
 33-5    uniform election date in 2001 is subject to the prior law governing
 33-6    that election, and the prior law is continued in effect for that
 33-7    purpose.
 33-8          (b)  Section 41.006, Election Code, applies to a change in
 33-9    election dates made in accordance with this Act.
33-10          SECTION 64.  An election that is ordered before the effective
33-11    date of this Act and that is described by Section 41.001(b)(2),
33-12    (3), (8), or (10), Election Code, as it existed immediately before
33-13    the effective date of this Act, is subject to that prior law, and
33-14    the prior law is continued in effect for that purpose.
33-15          SECTION 65.  The term of a person who is serving as a county
33-16    or precinct chair of a political party on the effective date of
33-17    this section ends on the 20th day after the second Saturday in June
33-18    2002.
33-19          SECTION 66.  This Act takes effect September 1, 1999, except
33-20    that Sections 15-16, 37-44, 46, 52-56, 63, and 65 of this Act and
33-21    Sections 41.001(a) and (e), Election Code, as amended by Section 14
33-22    of this Act, take effect September 1, 2001.
33-23          SECTION 67.  The importance of this legislation and the
33-24    crowded condition of the calendars in both houses create an
33-25    emergency and an imperative public necessity that the
33-26    constitutional rule requiring bills to be read on three several
33-27    days in each house be suspended, and this rule is hereby suspended.