H.B. 2155 78(R)    BILL ANALYSIS


H.B. 2155
By: Denny
Elections
Committee Report (Unamended)



BACKGROUND 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 prior policy is no longer 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.  House Bill 2155 amends
provisions relating to the use of cell phones in the polling place. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2155 amends the Election Code by authorizing a person who is
lawfully in a polling place to use a mobile telephone in a nondisruptive
manner.  The bill authorizes the presiding judge to require the person to
leave the polling place if the person is using the mobile telephone in a
disruptive manner.  The bill authorizes a poll watcher to use a mobile
telephone in the polling place without the prior consent of the presiding
judge and provides that a watcher's possession of a mobile telephone does
not prohibit the watcher from being accepted for service. 


EFFECTIVE DATE

September 1, 2003.