By: Shapiro S.B. No. 80
2001S0029/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain processes and procedures for holding joint
1-2 elections.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 42.002, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS. (a) The
1-7 county election precincts are the election precincts for the
1-8 following elections:
1-9 (1) the general election for state and county
1-10 officers;
1-11 (2) a special election ordered by the governor;
1-12 (3) a primary election; [and]
1-13 (4) a countywide election ordered by the commissioners
1-14 court, county judge, or other county authority, except an election
1-15 subject to Section 42.062(2); and
1-16 (5) a joint election, to the extent provided by
1-17 Section 42.0621.
1-18 (b) Except as provided by Sections 42.008, [and] 42.009, and
1-19 42.0621, county election precincts may not be consolidated for an
1-20 election.
1-21 SECTION 2. Subchapter C, Chapter 42, Election Code, is
1-22 amended by adding Section 42.0621 to read as follows:
1-23 Sec. 42.0621. PRECINCTS FOR JOINT ELECTION. (a) In a joint
1-24 election, the participating political subdivisions shall use the
1-25 regular county election precincts in the parts of the political
2-1 subdivisions that contain the same territory. Two or more of the
2-2 county election precincts may be consolidated into a single
2-3 precinct if the polling place is located so that it will adequately
2-4 serve the voters of the consolidated precinct.
2-5 (b) Each political subdivision participating in a joint
2-6 election shall establish election precincts in the territory of
2-7 that political subdivision that is not common with territory of
2-8 another participating political subdivision. One or more separate
2-9 precincts may be established in that territory, or that territory
2-10 may be consolidated into one or more precincts established in the
2-11 common territory.
2-12 SECTION 3. Subchapter A, Chapter 43, Election Code, is
2-13 amended by adding Section 43.0051 to read as follows:
2-14 Sec. 43.0051. DESIGNATION OF LOCATION: JOINT ELECTION. (a)
2-15 The authorities establishing joint election precincts under Section
2-16 42.0621 shall designate the regular county polling place as the
2-17 joint election polling place for each regular county election
2-18 precinct used in the joint election unless the regular county
2-19 polling place is unavailable, in which case the authorities shall
2-20 designate another location. If county election precincts are
2-21 consolidated for the joint election, the authorities shall
2-22 designate the location of the polling place for each consolidated
2-23 precinct.
2-24 (b) Each political subdivision participating in a joint
2-25 election shall designate polling places in the territory of that
2-26 political subdivision that is not common with territory of another
3-1 participating political subdivision. If the voters of the
3-2 territory that is not common to two or more participating political
3-3 subdivisions can be served adequately and conveniently by a polling
3-4 place located in the common territory of those political
3-5 subdivisions, the common polling place may be designated.
3-6 (c) A conservation and reclamation district created under
3-7 Section 59, Article XVI, Texas Constitution, is not required to
3-8 participate in a joint election required by this section.
3-9 SECTION 4. Section 271.002, Election Code, is amended to
3-10 read as follows:
3-11 Sec. 271.002. JOINT ELECTIONS REQUIRED [AUTHORIZED].
3-12 (a) If the elections ordered by the authorities of two or more
3-13 political subdivisions are to be held on the same day in all or
3-14 part of the same territory, the governing bodies of the political
3-15 subdivisions shall [may] enter into an agreement to hold the
3-16 elections jointly [in the election precincts that can be served by
3-17 common polling places, subject to Section 271.003].
3-18 (b) If an election ordered by the governor and the elections
3-19 ordered by the authorities of one or more political subdivisions
3-20 are to be held on the same day in all or part of the same
3-21 territory, the commissioners court of a county in which the
3-22 election ordered by the governor is to be held and the governing
3-23 bodies of the other political subdivisions shall [may] enter into
3-24 an agreement to hold the elections jointly [in the election
3-25 precincts that can be served by common polling places, subject to
3-26 Section 271.003].
4-1 (c) [If another law requires two or more political
4-2 subdivisions to hold a joint election, the governing body of any
4-3 other political subdivision holding an election on the same day in
4-4 all or part of the same territory in which the joint election is to
4-5 be held may enter into an agreement to participate in the joint
4-6 election with the governing bodies of the political subdivisions
4-7 holding the joint election.]
4-8 [(d)] The terms of the [a] joint election agreement,
4-9 including all the decisions necessary for conducting the election
4-10 in accordance with this chapter, must be stated in an order,
4-11 resolution, or other official action adopted by the governing body
4-12 of each participating political subdivision not later than the 60th
4-13 day before the date of a general election for state and county
4-14 officers or the 40th day before the date of any other election, as
4-15 applicable. If the governing bodies cannot agree on the terms of
4-16 the agreement, the disputed terms shall be resolved through an
4-17 alternative dispute resolution procedure. The secretary of state
4-18 shall prescribe a model joint election agreement and alternative
4-19 dispute resolution procedure for the use of political subdivisions
4-20 in implementing this section.
4-21 (d) [(e)] The document containing the joint election
4-22 agreement shall be preserved for the period for preserving the
4-23 precinct election records.
4-24 (e) The governing body of each political subdivision
4-25 participating in the joint election shall appoint one
4-26 representative to an election committee, which shall implement the
5-1 joint election agreement. In a joint election held in a county
5-2 having the position of county elections administrator, the
5-3 administrator shall serve on the committee.
5-4 (f) A conservation and reclamation district created under
5-5 Section 59, Article XVI, Texas Constitution, is not required to
5-6 participate in a joint election as required by this section.
5-7 SECTION 5. Section 271.005, Election Code, is amended by
5-8 adding Subsection (c) to read as follows:
5-9 (c) For a joint election precinct in which an office of the
5-10 county, state, or federal government is on the ballot, the
5-11 presiding election judge and alternate presiding judge serving that
5-12 precinct must be persons who normally serve as presiding judge and
5-13 alternate presiding judge in the regular county election precinct
5-14 in county elections. In addition, the presiding judge of the early
5-15 voting ballot board and the chair of a signature verification
5-16 committee for such a joint election must be persons who normally
5-17 would be appointed to serve in those positions in the particular
5-18 election in which an office of the county, state, or federal
5-19 government is on the ballot.
5-20 SECTION 6. Section 271.006, Election Code, is amended to
5-21 read as follows:
5-22 Sec. 271.006. EARLY VOTING. (a) The governing bodies of
5-23 the political subdivisions participating in a joint election shall
5-24 [decide whether to conduct their early voting jointly. The
5-25 governing bodies that decide to conduct joint early voting shall]
5-26 appoint one of their early voting clerks as the early voting clerk
6-1 for the joint early voting.
6-2 (b) The joint early voting shall be conducted at the early
6-3 voting polling place or places at which and during the hours,
6-4 including any extended or weekend hours, that the early voting
6-5 clerk regularly conducts early voting for the clerk's political
6-6 subdivision.
6-7 (c) The regular early voting clerk for each political
6-8 subdivision participating in the joint early voting shall receive
6-9 applications for early voting ballots to be voted by mail in
6-10 accordance with Title 7. The remaining procedures for conducting
6-11 the political subdivision's early voting by mail shall be completed
6-12 by the regular early voting clerk or by the early voting clerk for
6-13 the joint early voting, at the discretion of the governing body of
6-14 each political subdivision participating in the joint early voting.
6-15 [(d) If a governing body decides not to participate in the
6-16 joint early voting, the early voting for that political subdivision
6-17 shall be conducted in accordance with Title 7, except that the
6-18 early voting may be conducted at common polling places.]
6-19 SECTION 7. Sections 271.003 and 271.014, Election Code, are
6-20 repealed.
6-21 SECTION 8. This Act takes effect September 1, 2001.