1-1     By:  Brown                                            S.B. No. 1424
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 4, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 4, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1424               By:  Shapleigh
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to certain practices and procedures involving the conduct
1-11     of early voting by mail.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 86.004, Election Code, is amended to read
1-14     as follows:
1-15           Sec. 86.004.  TIME FOR PROVIDING BALLOT TO VOTER.  The
1-16     balloting materials for voting by mail shall be mailed to voters as
1-17     soon as practicable after the ballots become available but not
1-18     earlier than the 55th [45th] day before election day.
1-19           SECTION 2.  Subsection (d), Section 86.011, Election Code, is
1-20     amended to read as follows:
1-21           (d)  Notwithstanding any other provisions of this code, if
1-22     the clerk receives a timely carrier envelope before the seventh day
1-23     before election day that does not fully comply with the applicable
1-24     requirements prescribed by this title, the clerk shall return [may
1-25     deliver] the carrier envelope [in person or] by mail to the voter
1-26     not later than the second day after the date the envelope is
1-27     received.  The clerk [and] may receive, before the deadline, the
1-28     corrected carrier envelope from the voter.  If the clerk receives a
1-29     timely carrier envelope on or after the seventh day before election
1-30     day, [or] the clerk shall, if possible, [may] notify the voter of
1-31     the defect by telephone and advise the voter that the voter may
1-32     come to the clerk's office in person to correct the defect or
1-33     cancel the voter's application to vote by mail and vote on election
1-34     day.  If the procedures authorized by this subsection are used,
1-35     they must be applied uniformly to all carrier envelopes covered by
1-36     this subsection.  A poll watcher is entitled to observe the
1-37     procedures under this subsection.  The secretary of state may
1-38     prescribe any other procedures necessary to implement this
1-39     subsection including requirements for posting notice of any
1-40     deliveries.
1-41           SECTION 3.  This Act takes effect September 1, 2001.
1-42                                  * * * * *