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78R6433 JRJ-D

By:  Capelo                                                       H.B. No. 3166



A BILL TO BE ENTITLED

AN ACT

relating to notice of an election.                                            
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 4.003(a), (b), and (d), Election Code, 
are amended to read as follows:
	(a)  Except as provided by Subsection (c), notice of an 
election must be given by any one or more of the following methods:
		(1)  by publishing the notice at least once, not 
earlier than the 30th day or later than the 10th day before election 
day:
			(A)  in a newspaper published in the territory 
that is covered by the election and is in the jurisdiction of the 
authority responsible for giving the notice; or
			(B)  in a newspaper of general circulation in the 
territory if none is published in the jurisdiction of the authority 
responsible for giving the notice;
		(2)  by posting, not later than the 21st day before 
election day, a copy of the notice at the [a] public place at which 
notice of a meeting of the governing body of the political 
subdivision is posted as required by Chapter 551, Government Code 
[in each election precinct that is in the jurisdiction of the 
authority responsible for giving the notice]; or
		(3)  by mailing, not later than the 10th day before 
election day, a copy of the notice to each registered voter of the 
territory that is covered by the election and is in the jurisdiction 
of the authority responsible for giving the notice.
	(b)  [In addition to any other notice given for an election 
under Subsection (a), not later than the 21st day before election 
day, the authority responsible for giving notice of the election 
shall post a copy of the notice, which must include the location of 
each polling place, on the bulletin board used for posting notices 
of the meetings of the governing body of the political subdivision 
that the authority serves.]  For each precinct that is combined to 
form a consolidated precinct under Section 42.008, not later than 
the 10th day before election day, the authority responsible for 
giving notice of the election shall [also] post, at the polling 
place used in the preceding general election, notice of the 
precinct's consolidation and the location of the polling place in 
the consolidated precinct.  A notice posted under this subsection 
must remain posted continuously through election day.
	(d)  This section prevails over any other law or municipal 
charter provision to the extent of any conflict. [If other law 
prescribes the method of giving notice of an election, that law 
supersedes this section, except that Subsection (c) applies 
regardless of the notice requirements prescribed by other law with 
respect to an election covered by that subsection.]
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to notice for an election that is ordered on or after 
that date.