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79R4329 ATP-D


By:  Gattis                                                       H.B. No. 1209



A BILL TO BE ENTITLED

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 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 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 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.