BILL ANALYSIS

H.B. 1493

By: King, Tracy O.

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, a person who is employed in a facility that also serves as an election polling place is prohibited from using a cell phone if he or she is within 100 feet of a polling station in that facility.  There is no exception to this law for employees using a cell phone to conduct business. Since public buildings such as schools and fire stations are often used as polling locations, lack of an exception to this prohibition could hinder employees in doing their jobs.

H.B. 1493 allows employees at a facility being used as a polling location to use a cell phone in the normal course of their job duties.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1493 amends Section 61.013(d), Election Code, as added by Chapter 697 (H.B. 1921), Acts of the 80th Legislature, Regular Session, 2007, to exempt from the prohibition against using a wireless communication device within 100 feet of a voting station a person who is employed at the location in which the polling place is located while the person is acting in the course of the person's employment.

EFFECTIVE DATE

On passage, or, if the act does not receive the necessary vote, the act takes effect September 1, 2009.