By: Keffer (Senate Sponsor - Eltife) H.B. No. 1921
         (In the Senate - Received from the House April 26, 2007;
  May 1, 2007, read first time and referred to Committee on State
  Affairs; May 15, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 15, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1921 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of certain devices in a polling place.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 61, Election Code, is
  amended by adding Section 61.013 to read as follows:
         Sec. 61.013.  USE OF CERTAIN DEVICES. (a) A person may not
  use a wireless communication device within 100 feet of a voting
  station.
         (b)  A person may not use any mechanical or electronic means
  of recording images or sound within 100 feet of a voting station.
         (c)  The presiding judge may require a person who violates
  this section to turn off the device or to leave the polling place.
         (d)  This section does not apply to:
               (1)  an election officer in conducting the officer's
  official duties; or
               (2)  the use of election equipment necessary for the
  conduct of the election.
         SECTION 2.  Chapter 62, Election Code, is amended by adding
  Section 62.0111 to read as follows:
         Sec. 62.0111.  NOTICE OF PROHIBITION OF CERTAIN DEVICES.
  (a)  At the discretion of the presiding judge, notice of the
  prohibition of the use of certain devices under Section 61.013 may
  be posted at one or more locations in the polling place where it can
  be read by persons waiting to vote.
         (b)  The secretary of state shall prescribe the wording of a
  notice posted under this section.
         SECTION 3.  Section 33.052, Election Code, is amended to
  read as follows:
         Sec. 33.052.  HOURS OF SERVICE AT PRECINCT POLLING PLACE.
  (a) A watcher at a precinct polling place may begin service at any
  time after the presiding judge arrives at the polling place on
  election day and may remain at the polling place until the presiding
  judge and the clerks complete their duties there. A watcher that
  serves for more than five continuous hours may serve at the polling
  place during the hours the watcher chooses, except that if the
  watcher is present at the polling place when ballots are counted,
  the watcher may not leave until the counting is complete.
         (b)  For purposes of this section, a watcher is considered to
  have served continuously if the watcher leaves the polling place
  for the purpose of using a wireless communication device prohibited
  from use in the polling place under Section 61.013 and the watcher
  promptly returns.
         SECTION 4.  This Act takes effect September 1, 2007.
 
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