By: Anchia (Senate Sponsor - Duncan) H.B. No. 3105
         (In the Senate - Received from the House May 14, 2007;
  May 14, 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. 3105 By:  Duncan
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a program allowing for countywide voting locations in
  certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 43, Election Code, is
  amended by adding Section 43.007 to read as follows:
         Sec. 43.007.  COUNTYWIDE POLLING PLACE PROGRAM. (a)  The
  secretary of state shall implement a program to allow each
  commissioners court participating in the program to eliminate
  county election precincts and establish countywide polling places
  for:
               (1)  each general election for state and county
  officers;
               (2)  each countywide election held on the uniform
  election date in May; and
               (3)  each election of a political subdivision located
  in the county that is held jointly with an election described by
  Subdivision (1) or (2).
         (b)  The commissioners court of a county that desires to
  participate in the program authorized by this section shall hold a
  public hearing on the county's participation in the program. The
  commissioners court shall submit a transcript or electronic
  recording of the public comments made at the hearing to the
  secretary of state.  A county that has previously participated in a
  similar program and held a public hearing on the county's
  participation in that program is not required to hold a hearing
  under this subsection.
         (c)  In conducting the program, the secretary of state shall
  provide for an audit of the direct recording electronic voting
  units before and after the election, and during the election to the
  extent such an audit is practicable.
         (d)  The secretary of state shall select to participate in
  the program each county that:
               (1)  has held a public hearing under Subsection (b);
               (2)  has implemented a computerized voter registration
  list that allows an election officer at the polling place to verify
  that a voter has not previously voted in the election;
               (3)  uses direct recording electronic voting machines;
  and
               (4)  is determined by the secretary of state to have the
  appropriate technological capabilities.
         (e)  Each countywide polling place must allow a voter to vote
  in the same elections in which the voter would be entitled to vote
  in the county election precinct in which the voter resides.
         (f)  In selecting countywide polling places, a county must
  adopt a methodology for determining where each polling place will
  be located.  The total number of countywide polling places may not
  be less than 50 percent of the number of precinct polling places
  that would otherwise be located in the county.
         (g)  The secretary of state may select a county to
  participate in the program that has previously participated in a
  similar program.
         (h)  The secretary of state shall operate the program
  established under Subsection (a) as a pilot program until June 1,
  2009.
         (i)  At the conclusion of the pilot program established under
  Subsection (a), but not later than January 1, 2009, the secretary of
  state shall file a report with the legislature.  The report may
  include the secretary of state's recommendations on the future use
  of countywide polling places and suggestions for permanent
  statutory authority regarding countywide polling places.
         (j)  This section expires June 1, 2009.
         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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