82R22021 JRH-F
 
  By: Pena, Aliseda, Torres, H.B. No. 2050
      Gonzales of Williamson, Garza
 
  Substitute the following for H.B. No. 2050:
 
  By:  Branch C.S.H.B. No. 2050
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of recording devices and mobile telephones by
  poll watchers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.006(b), Election Code, is amended to
  read as follows:
         (b)  A certificate of appointment must:
               (1)  be in writing and signed by the appointing
  authority or, for an appointment for a write-in candidate under
  Section 33.004, by each of the voters making the appointment;
               (2)  indicate the capacity in which the appointing
  authority is acting;
               (3)  state the name, residence address, and voter
  registration number of the appointee and be signed by the
  appointee;
               (4)  identify the election and the precinct polling
  place or other location at which the appointee is to serve; and
               (5)  in an election on a measure, identify the measure
  if more than one is to be voted on and state which side of the
  measure the appointee represents[; and
               [(6)     contain an affidavit executed by the appointee
  stating that the appointee will not have possession of any
  mechanical or electronic means of recording images or sound while
  serving as a watcher].
         SECTION 2.  Section 61.014(d), Election Code, is amended to
  read as follows:
         (d)  This section does not apply to:
               (1)  an election officer in conducting the officer's
  official duties;
               (2)  the use of election equipment necessary for the
  conduct of the election; [or]
               (3)  a person who is employed at the location in which a
  polling place is located while the person is acting in the course of
  the person's employment; or
               (4)  a poll watcher who, in a manner that does not
  disrupt proceedings at or near the voting station and for the
  purpose of reporting an irregularity or violation of law relating
  to the election, is contacting the authority holding the election,
  the secretary of state, the attorney general, or a law enforcement
  officer.
         SECTION 3.  Section 33.051(c), Election Code, is repealed.
         SECTION 4.  This Act takes effect September 1, 2011.