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H.B. No. 1209
AN ACT
relating to using county election precincts for any election held
on the November uniform election date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 42.002(a), Election Code, is amended to
read as follows:
(a) The county election precincts are the election
precincts for the following elections:
(1) the general election for state and county
officers;
(2) a special election ordered by the governor;
(3) a primary election; [and]
(4) a countywide election ordered by the commissioners
court, county judge, or other county authority, except an election
subject to Section 42.062(2); and
(5) any other election of a political subdivision not
located in a county with a population of more than 3.3 million or a
county adjacent to a county with a population of more than 3.3
million held on the November uniform election date, as provided by
Section 42.0621.
SECTION 2. Subchapter C, Chapter 42, Election Code, is
amended by adding Section 42.0621 to read as follows:
Sec. 42.0621. PRECINCTS FOR NOVEMBER ELECTION. (a) In an
election held on the November uniform election date, the
participating political subdivisions not located in a county with a
population of more than 3.3 million or a county adjacent to a county
with a population of more than 3.3 million shall use the regular
county election precincts.
(b) If an election precinct is not located wholly within the
territory of a political subdivision holding an election in the
precinct or a district used to elect an office at the election,
election officials shall take reasonable measures to ensure that a
voter voting at that precinct may not vote in an election in which
the voter is not entitled to vote.
(c) This section does not require a political subdivision to
contract with a county under Section 31.092 or hold a joint election
with a county under Chapter 271.
(d) The secretary of state shall prescribe procedures to
implement this section.
SECTION 3. Section 43.004, Election Code, is amended to
read as follows:
Sec. 43.004. DESIGNATION OF LOCATION: ELECTIONS OF OTHER
POLITICAL SUBDIVISIONS. (a) The governing body of each political
subdivision authorized to hold elections, other than a county,
shall designate the location of the polling place for each of its
election precincts.
(b) If a political subdivision not located in a county with
a population of more than 3.3 million or a county adjacent to a
county with a population of more than 3.3 million holds an election
on the November uniform election date, the political subdivision
shall designate as the polling places for the election the regular
county polling places in the county election precincts that contain
territory from the political subdivision.
SECTION 4. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1209 was passed by the House on May 9,
2005, by a non-record vote; and that the House concurred in Senate
amendments to H.B. No. 1209 on May 26, 2005, by the following
vote: Yeas 140, Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1209 was passed by the Senate, with
amendments, on May 23, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor