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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain devices in a polling place. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 61, Election Code, is |
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amended by adding Section 61.013 to read as follows: |
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Sec. 61.013. USE OF CERTAIN DEVICES. (a) A person may not |
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use a wireless communication device in a polling place. |
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(b) A person may not use any mechanical or electronic means |
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of recording images or sound in a polling place. |
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(c) The presiding judge may require a person who violates |
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this section to turn off the device or to leave the polling place. |
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(d) This section does not apply to: |
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(1) an election officer in conducting the officer's |
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official duties; or |
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(2) the use of election equipment necessary for the |
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conduct of the election. |
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SECTION 2. Chapter 62, Election Code, is amended by adding |
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Section 62.0111 to read as follows: |
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Sec. 62.0111. NOTICE OF PROHIBITION OF CERTAIN DEVICES. |
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(a) At the discretion of the presiding judge, notice of the |
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prohibition of the use of certain devices under Section 61.013 may |
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be posted at one or more locations in the polling place where it can |
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be read by persons waiting to vote. |
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(b) The secretary of state shall prescribe the wording of a |
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notice posted under this section. |
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SECTION 3. Section 33.052, Election Code, is amended to |
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read as follows: |
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Sec. 33.052. HOURS OF SERVICE AT PRECINCT POLLING PLACE. |
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(a) A watcher at a precinct polling place may begin service at any |
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time after the presiding judge arrives at the polling place on |
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election day and may remain at the polling place until the presiding |
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judge and the clerks complete their duties there. A watcher that |
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serves for more than five continuous hours may serve at the polling |
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place during the hours the watcher chooses, except that if the |
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watcher is present at the polling place when ballots are counted, |
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the watcher may not leave until the counting is complete. |
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(b) For purposes of this section, a watcher is considered to |
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have served continuously if the watcher leaves the polling place |
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for the purpose of using a wireless communication device prohibited |
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from use in the polling place under Section 61.013 and the watcher |
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promptly returns. |
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SECTION 4. This Act takes effect September 1, 2007. |