81R11693 ATP-D
 
  By: Homer H.B. No. 2794
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for accessibility to voting equipment
  by persons with disabilities in certain elections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.013(a), Election Code, as added by
  Chapter 1182 (H.B. 556), Acts of the 80th Legislature, Regular
  Session, 2007, is amended to read as follows:
         (a)  For an election other than an election of a political
  subdivision that is held jointly with another election in which a
  federal office appears on the ballot, the political subdivision is
  not required to meet the requirements of Section 61.012(a)(1)(C) if
  the political subdivision:
               (1)  is a county with a population of less than 2,000;
               (2)  is a county with a population of 2,000 or more but
  less than 5,000, and the county provides at least one voting station
  that meets the requirements for accessibility under 42 U.S.C.
  Section 15481(a)(3) on election day;
               (3)  is a county with a population of 5,000 or more but
  less than 10,000, and the county provides at least one voting
  station that meets the requirements for accessibility under 42
  U.S.C. Section 15481(a)(3) on election day and during the period
  for early voting by personal appearance;
               (4)  is a county with a population of 10,000 or more but
  less than 20,000, and the county:
                     (A)  makes a showing in the manner provided by
  Subsection (c) that compliance with Section 61.012(a)(1)(C)
  constitutes an undue burden on the county;
                     (B)  provides at least one voting station that
  meets the requirements for accessibility under 42 U.S.C. Section
  15481(a)(3) on election day and during the period for early voting
  by personal appearance; and
                     (C)  provides a mobile voting station that meets
  the requirements for accessibility under 42 U.S.C. Section
  15481(a)(3) that during the period for early voting by personal
  appearance is deployed at least once at each polling place used for
  early voting by personal appearance; [or]
               (5)  is located in a county described by Subdivision
  (1), (2), (3), or (4) [Subdivisions (1)-(4)] and meets the same
  requirements as the county in which the political subdivision is
  located; or
               (6)  is a political subdivision other than a county and
  has a population of less than 1,000.
         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, 2009.