By: Bonnen (Senate Sponsor - Janek) H.B. No. 1146

(In the Senate - Received from the House May 7, 2007; May 8, 2007, read first time and referred to Committee on State Affairs; May 18, 2007, reported favorably, as amended, by the following vote: Yeas 7, Nays 0; May 18, 2007, sent to printer.)

COMMITTEE AMENDMENT NO. 1 By: Ellis

Amend H.B. 1146 (engrossed version) at page 2, line 32, by adding the following section:

Sec. 107.007. SUNSET PROVISION. This chapter expires January 1, 2009.

COMMITTEE AMENDMENT NO. 2 By: Ellis

Amend H.B. No. 1146 by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill as necessary:

SECTION ____. Section 84.004, Election Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) It is an exception to the application of Subsection (a) that the person signed early voting ballot applications for more than one applicant in an election conducted under Chapter 107. This subsection expires January 1, 2009.

A BILL TO BE ENTITLED

AN ACT

relating to the authority of small cities to conduct elections only by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 7, Election Code, is amended by adding Chapter 107 to read as follows:

CHAPTER 107. VOTING BY MAIL IN CERTAIN SMALL CITIES

Sec. 107.001. AUTHORITY TO CONDUCT MAIL-ONLY ELECTION. (a) A city with a population of less than 250 may by ordinance provide that one or more elections held by the city will be conducted only by mail under this chapter.

(b) The ordinance must be adopted before the 90th day before the election date of the first election conducted by mail under this chapter.

Sec. 107.002. CONDUCT OF MAIL-ONLY ELECTION. (a) In an election held under this chapter:

(1) a person must vote early by mail; and

(2) voting by personal appearance is not permitted.

(b) Not more than 45 days and not less than 21 days before the deadline for requesting a ballot under this section, the early voting clerk shall send to each registered voter of the city a postage-paid ballot application. The city shall include with the ballot application a statement to educate voters about the mail-only election that contains instructions on how to obtain a ballot and how to vote in the election.

(c) To vote in an election held under this chapter, a registered voter must request a ballot from the early voting clerk, in writing or in person at the office of the early voting clerk, not later than the seventh day before election day. A written request must be signed by the voter. The early voting clerk shall provide an official ballot to each registered voter in the city who requests a ballot under this subsection in the manner provided by Chapter 86.

(d) The balloting materials must be sent to the address at which the voter is registered to vote, unless the voter has applied for a ballot to be voted early by mail under Chapter 84 and the balloting materials are to be sent to a different address as authorized by Section 86.003(c).

Sec. 107.003. NOTICE OF MAIL-ONLY ELECTION. (a) A city conducting an election by mail under this chapter shall publish notice in a newspaper of general circulation in the city at least once during the week before the deadline for a voter to request a ballot.

(b) The notice must state:

(1) that there will be no voting by personal appearance for the election;

(2) that a ballot will not be mailed to a voter and the voter may not vote in the election unless the voter requests a ballot in writing or in person from the early voting clerk;

(3) that if requested, the ballot will be mailed to a registered voter at the address at which the voter is registered to vote, unless the voter has submitted an application to vote early by mail on grounds of age, disability, confinement in jail, or absence from the voter's county of residence, in which case the ballot will be mailed to an authorized address stated on the application;

(4) the deadline for requesting a ballot; and

(5) the deadline for returning marked ballots.

Sec. 107.004. TIME FOR PROVIDING BALLOT. (a) Except as provided by Subsection (b), the balloting materials for an election held under this chapter shall be mailed to a voter not later than the 25th day before election day.

(b) Section 86.004 applies to the mailing of a ballot to a voter who applied for a ballot to be voted early by mail under Chapter 84.

Sec. 107.005. APPLICABILITY OF EARLY VOTING BY MAIL PROVISIONS. Except as otherwise provided by this chapter, the provisions applicable to early voting by mail apply to an election held under this chapter.

Sec. 107.006. ADDITIONAL PROCEDURES. The secretary of state shall prescribe any additional procedures necessary to implement this chapter.

SECTION 2. 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.

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