SRC-LBB H.B. 2155 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2155
By: Denny (Staples)
State Affairs
5/13/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, the use of cell phones in the polling place is not
prohibited, but the provisions are unclear as to the authorized manner of
their use.  Previously, the secretary of state's office has advised that
before a poll watcher may use a phone, the watcher must obtain the
permission of the presiding judge.  In light of the widespread use of and
need for cell phones, this policy may no longer be realistic.  The
secretary of state's office now recommends that a person who is lawfully
inside the polling place area should be allowed to use a cell phone as
long as it is used in a nondisruptive manner.  H.B. 2155 amends provisions
relating to the use of cell phones in the polling place. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 33.051(c), Election Code, to provide that this
subsection does not prohibit a poll watcher from having possession of a
mobile telephone. 

SECTION 2.  Amends Subchapter C, Chapter 33, Election Code, by adding
Section 33.062, as follows: 

Sec. 33.062.  USE OF MOBILE TELEPHONE.  Authorizes a watcher to use a
mobile telephone as provided by Section 61.012 without the prior consent
of the presiding judge. 

SECTION 3.  Amends Subchapter A, Chapter 61, Election Code, by adding
Section 61.012, as follows: 

Sec. 61.012.  USE OF MOBILE TELEPHONE.  (a)  Authorizes a person who is
lawfully in a polling place to use a mobile telephone in a nondisruptive
manner. 

(b)  Authorizes the presiding judge to require a person using a mobile
telephone to leave the polling place if the person is using the telephone
in a disruptive manner. 

SECTION 4.  Effective date:  September 1, 2003.