H.B. No. 556
 
 
 
 
AN ACT
  relating to the requirements for accessibility to voting equipment
  by persons with disabilities in certain elections and reimbursement
  from state funds for costs associated with a special election held
  statewide.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  The heading to Section 31.009, Election
  Code, is amended to read as follows:
         Sec. 31.009.  DISTRIBUTION OF CERTAIN [FEDERAL] FUNDS.
         (b)  Section 31.009(a), Election Code, is amended to read as
  follows:
         (a)  If federal funds are made available to assist the state
  in the administration of elections, including assistance for the
  phasing out or prohibition of the use of punch-card ballot voting
  systems in this state, or state funds are made available to
  reimburse political subdivisions for expenses incurred in
  conducting a special election that is held statewide, the secretary
  of state shall administer and distribute the funds as appropriate
  to most effectively facilitate the purposes for which the funds are
  made available.
         (c)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this section takes effect on the 91st day after the last day
  of the legislative session.
         SECTION 2.  Section 61.012(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Section 61.013 [Not later than
  January 1, 2006], each polling place must provide at least one
  voting station that:
               (1)  complies with:
                     (A)  Section 504 of the federal Rehabilitation Act
  of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
                     (B)  [and] Title II of the federal Americans with
  Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
  subsequent amendments; and
                     (C)  the requirements for accessibility under 42
  U.S.C. Section 15481(a)(3) and its subsequent amendments; and
               (2)  provides a practical and effective means for
  voters with physical disabilities to cast a secret ballot.
         SECTION 3.  Subchapter A, Chapter 61, Election Code, is
  amended by adding Section 61.013 to read as follows:
         Sec. 61.013.  ACCESS BY PERSONS WITH DISABILITIES:
  ELECTIONS OF CERTAIN POLITICAL SUBDIVISIONS. (a)  For an election
  other than an election of a political subdivision that is held
  jointly with another election in which a federal office appears on
  the ballot, the political subdivision is not required to meet the
  requirements of Section 61.012(a)(1)(C) if the political
  subdivision:
               (1)  is a county with a population of less than 2,000;
               (2)  is a county with a population of 2,000 or more but
  less than 5,000, and the county provides at least one voting station
  that meets the requirements for accessibility under 42 U.S.C.
  Section 15481(a)(3) on election day;
               (3)  is a county with a population of 5,000 or more but
  less than 10,000, and the county provides at least one voting
  station that meets the requirements for accessibility under 42
  U.S.C. Section 15481(a)(3) on election day and during the period
  for early voting by personal appearance;
               (4)  is a county with a population of 10,000 or more but
  less than 20,000, and the county:
                     (A)  makes a showing in the manner provided by
  Subsection (c) that compliance with Section 61.012(a)(1)(C)
  constitutes an undue burden on the county;
                     (B)  provides at least one voting station that
  meets the requirements for accessibility under 42 U.S.C. Section
  15481(a)(3) on election day and during the period for early voting
  by personal appearance; and
                     (C)  provides a mobile voting station that meets
  the requirements for accessibility under 42 U.S.C. Section
  15481(a)(3) that during the period for early voting by personal
  appearance is deployed at least once at each polling place used for
  early voting by personal appearance; or
               (5)  is located in a county described by Subdivisions
  (1)-(4) and meets the same requirements as the county in which the
  political subdivision is located.
         (b)  A voter with a disability that desires a reasonable
  accommodation to vote in an election of a county described by
  Subsection (a)(1) or a political subdivision located in that county
  shall make a request for the accommodation with the early voting
  clerk of the county or political subdivision not later than the 21st
  day before the date of the election. On receipt of the request, the
  early voting clerk shall make a reasonable accommodation to allow
  the voter to cast a vote.
         (c)  A county or political subdivision may make a showing of
  undue burden under Subsection (a)(4)(A) by filing an application
  with the secretary of state not later than the 90th day before the
  date of the election that states the reasons that compliance would
  constitute an undue burden. A showing of an undue burden may be
  satisfied by proof that the election costs associated with
  compliance with Section 61.012(a)(1)(C) constitute a significant
  expense for the county or political subdivision and reflect an
  increase of at least 25 percent in the costs of holding an election
  as compared to the costs of the last general election held by the
  county or political subdivision before January 1, 2006. Not later
  than the 20th day after the date of receiving an application under
  this section, the secretary of state shall determine whether
  compliance with Section 61.012(a)(1)(C) is an undue burden for the
  county or political subdivision.
         (d)  A county or political subdivision that intends to use
  this section to provide fewer voting stations that meet the
  requirements for accessibility under 42 U.S.C. Section 15481(a)(3)
  than required by Section 61.012(a)(1)(C) must:
               (1)  provide notice to the secretary of state of that
  intent not later than the 90th day before the date of the election;
  and
               (2)  for a county described by Subsection (a)(2), (3),
  or (4), or a political subdivision located in such a county, publish
  notice of the location of each voting station that meets the
  requirements for accessibility under 42 U.S.C. Section 15481(a)(3)
  in a newspaper of general circulation in the county or political
  subdivision not later than the 15th day before the date of the start
  of the period of early voting by personal appearance.
         (e)  For purposes of this section, a political subdivision
  located in more than one county may choose:
               (1)  to be considered located in the county that
  contains the greatest number of registered voters of the political
  subdivision; or
               (2)  for each portion of the political subdivision
  located in a different county, to be considered a separate
  political subdivision.
         (f)  The secretary of state shall prescribe procedures and
  adopt rules as necessary to implement this section.
         SECTION 4.  Section 61.012(b), Election Code, is repealed.
         SECTION 5.  Subtitle H, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8818 to read as follows:
  CHAPTER 8818. HICKORY UNDERGROUND WATER CONSERVATION
  DISTRICT NO. 1
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8818.001.  DEFINITION. In this chapter, "district"
  means the Hickory Underground Water Conservation District No. 1.
         Sec. 8818.002.  ELECTION PROCEDURES. (a) Notwithstanding
  Section 61.012, Election Code, for an election held by the
  district, other than an election that is held jointly with another
  election in which a federal office appears on the ballot, the use of
  a voting station that meets the requirements for accessibility
  under 42 U.S.C. Section 15481(a)(3) is not required.
         (b)  The board of directors of the district shall notify the
  secretary of state if the district does not provide at least one
  voting station at each polling place used in the election that meets
  the requirements for accessibility under 42 U.S.C. Section
  15481(a)(3).
         SECTION 6.  It is the intent of the legislature that in
  creating the formula for the finding of an undue burden in Section
  61.013(c), Election Code, as added by this Act, the legislature
  took into account the size of the political subdivision holding the
  election, which affects the amount of available funds and election
  workforce, and the costs of voting machine systems compared to
  previous accommodations for voters with disabilities.
         SECTION 7.  Except as otherwise provided by this Act, this
  Act takes effect immediately if it receives a vote of two-thirds of
  all the members elected to each house, as provided by Section 39,
  Article III, Texas Constitution.  If this Act does not receive the
  vote necessary for immediate effect, this Act takes effect
  September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 556 was passed by the House on May 2,
  2007, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 556 on May 25, 2007, by the following vote:  Yeas 140, Nays 0, 2
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 556 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor