By Shapiro S.B. No. 35
76R1075 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain processes and procedures promoting the
1-3 consolidation of elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 41.001(b), Election Code, is amended to
1-6 read as follows:
1-7 (b) Subsection (a) does not apply to:
1-8 (1) a runoff election;
1-9 (2) [a local option election held under the Alcoholic
1-10 Beverage Code;]
1-11 [(3) an election for the issuance or assumption of
1-12 bonds or the levy of a tax for the maintenance of a public school
1-13 or college, if the governing body of the political subdivision
1-14 issuing or assuming the bonds or levying the tax, by resolution,
1-15 order, or ordinance, finds that holding the election on a date
1-16 other than a uniform election date is in the public interest, which
1-17 finding is conclusive and incontestable;]
1-18 [(4)] an election to resolve a tie vote;
1-19 (3) [(5)] an election held under an order of a court
1-20 or other tribunal;
1-21 (4) [(6)] an emergency election ordered under Section
1-22 41.0011;
1-23 (5) [(7)] an expedited election to fill a vacancy in
1-24 the legislature held under Section 203.013; or
2-1 (6) [(8) an election held by a political subdivision
2-2 using the convention method of election;]
2-3 [(9)] an election held under a statute that expressly
2-4 provides that the requirement of Subsection (a) does not apply to
2-5 the election[; or]
2-6 [(10) an election to recall an officer of a political
2-7 subdivision].
2-8 SECTION 2. Section 42.002, Election Code, is amended to read
2-9 as follows:
2-10 Sec. 42.002. Required Use of County Precincts. (a) The
2-11 county election precincts are the election precincts for the
2-12 following elections:
2-13 (1) the general election for state and county
2-14 officers;
2-15 (2) a special election ordered by the governor;
2-16 (3) a primary election; [and]
2-17 (4) a countywide election ordered by the commissioners
2-18 court, county judge, or other county authority, except an election
2-19 subject to Section 42.062(2); and
2-20 (5) a joint election, to the extent provided by
2-21 Section 42.0621.
2-22 (b) Except as provided by Sections 42.008, [and] 42.009, and
2-23 42.0621, county election precincts may not be consolidated for an
2-24 election.
2-25 SECTION 3. Subchapter C, Chapter 42, Election Code, is
2-26 amended by adding Section 42.0621 to read as follows:
2-27 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
3-1 election, the participating political subdivisions shall use the
3-2 regular county election precincts in the parts of the political
3-3 subdivisions that contain the same territory. Two or more of the
3-4 county election precincts may be consolidated into a single
3-5 precinct if the polling place is located so that it will adequately
3-6 serve the voters of the consolidated precinct.
3-7 (b) Each political subdivision participating in a joint
3-8 election shall establish election precincts in the territory of
3-9 that political subdivision that is not common with territory of
3-10 another participating political subdivision. One or more separate
3-11 precincts may be established in that territory, or that territory
3-12 may be consolidated into one or more precincts established in the
3-13 common territory.
3-14 SECTION 4. Subchapter A, Chapter 43, Election Code, is
3-15 amended by adding Section 43.0051 to read as follows:
3-16 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a)
3-17 The authorities establishing joint election precincts under Section
3-18 42.0621 shall designate the regular county polling place as the
3-19 joint election polling place for each regular county election
3-20 precinct used in the joint election unless the regular county
3-21 polling place is unavailable, in which case the authorities shall
3-22 designate another location. If county election precincts are
3-23 consolidated for the joint election, the authorities shall
3-24 designate the location of the polling place for each consolidated
3-25 precinct.
3-26 (b) Each political subdivision participating in a joint
3-27 election shall designate polling places in the territory of that
4-1 political subdivision that is not common with territory of another
4-2 participating political subdivision. If the voters of the
4-3 territory that is not common to two or more participating political
4-4 subdivisions can be served adequately and conveniently by a polling
4-5 place located in the common territory of those political
4-6 subdivisions, the common polling place may be designated.
4-7 SECTION 5. Sections 271.002 and 271.006, Election Code, are
4-8 amended to read as follows:
4-9 Sec. 271.002. Joint Elections Required [Authorized]. (a)
4-10 If the elections ordered by the authorities of two or more
4-11 political subdivisions are to be held on the same day in all or
4-12 part of the same territory, the governing bodies of the political
4-13 subdivisions shall [may] enter into an agreement to hold the
4-14 elections jointly [in the election precincts that can be served by
4-15 common polling places, subject to Section 271.003].
4-16 (b) If an election ordered by the governor and the elections
4-17 ordered by the authorities of one or more political subdivisions
4-18 are to be held on the same day in all or part of the same
4-19 territory, the commissioners court of a county in which the
4-20 election ordered by the governor is to be held and the governing
4-21 bodies of the other political subdivisions shall [may] enter into
4-22 an agreement to hold the elections jointly [in the election
4-23 precincts that can be served by common polling places, subject to
4-24 Section 271.003].
4-25 [(c) If another law requires two or more political
4-26 subdivisions to hold a joint election, the governing body of any
4-27 other political subdivision holding an election on the same day in
5-1 all or part of the same territory in which the joint election is to
5-2 be held may enter into an agreement to participate in the joint
5-3 election with the governing bodies of the political subdivisions
5-4 holding the joint election.]
5-5 (c) [(d)] The terms of the [a] joint election agreement,
5-6 including all the decisions necessary for conducting the election
5-7 in accordance with this chapter, must be stated in an order,
5-8 resolution, or other official action adopted by the governing body
5-9 of each participating political subdivision.
5-10 (d) [(e)] The document containing the joint election
5-11 agreement shall be preserved for the period for preserving the
5-12 precinct election records.
5-13 (e) The governing body of each political subdivision
5-14 participating in the joint election shall appoint one
5-15 representative to an election committee, which shall implement the
5-16 joint election agreement.
5-17 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
5-18 the political subdivisions participating in a joint election shall
5-19 [decide whether to conduct their early voting jointly. The
5-20 governing bodies that decide to conduct joint early voting shall]
5-21 appoint one of their early voting clerks as the early voting clerk
5-22 for the joint early voting.
5-23 (b) The joint early voting shall be conducted at the early
5-24 voting polling place or places at which and during the hours,
5-25 including any extended or weekend hours, that the early voting
5-26 clerk regularly conducts early voting for the clerk's political
5-27 subdivision.
6-1 (c) The regular early voting clerk for each political
6-2 subdivision participating in the joint early voting shall receive
6-3 applications for early voting ballots to be voted by mail in
6-4 accordance with Title 7. The remaining procedures for conducting
6-5 the political subdivision's early voting by mail shall be completed
6-6 by the regular early voting clerk or by the early voting clerk for
6-7 the joint early voting, at the discretion of the governing body of
6-8 each political subdivision participating in the joint early voting.
6-9 [(d) If a governing body decides not to participate in the
6-10 joint early voting, the early voting for that political subdivision
6-11 shall be conducted in accordance with Title 7, except that the
6-12 early voting may be conducted at common polling places.]
6-13 SECTION 6. Sections 271.003 and 271.014, Election Code, are
6-14 repealed.
6-15 SECTION 7. An election that is ordered before the effective
6-16 date of this Act and that is described by Section 41.001(b)(2),
6-17 (3), (8), or (10), Election Code, as it existed immediately before
6-18 the effective date of this Act, is subject to that prior law, and
6-19 the prior law is continued in effect for that purpose.
6-20 SECTION 8. This Act takes effect September 1, 1999.
6-21 SECTION 9. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.