83R19141 ADM-D
 
  By: Simmons, Vo, Krause, Klick, Johnson, H.B. No. 259
      et al.
 
  Substitute the following for H.B. No. 259:
 
  By:  Simmons C.S.H.B. No. 259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to electioneering conducted near a polling place.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 61.003, Election Code, is
  amended to read as follows:
         Sec. 61.003.  ELECTIONEERING AND LOITERING NEAR POLLING
  PLACE [PROHIBITED].
         SECTION 2.  Section 61.003, Election Code, is amended by
  adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  The entity that owns or controls a public building
  being used as a polling place may not, at any time during the voting
  period, prohibit electioneering on the building's premises outside
  of the area described in Subsection (a), but may enact reasonable
  regulations concerning the time, place, and manner of
  electioneering.
         (b)  In this section:
               (1)  "Electioneering" includes the posting, use, or
  distribution of political signs or literature.
               (2)  "Voting [, "voting] period" means the period
  beginning when the polls open for voting and ending when the polls
  close or the last voter has voted, whichever is later.
         SECTION 3.  The heading to Section 85.036, Election Code, is
  amended to read as follows:
         Sec. 85.036.  ELECTIONEERING [PROHIBITED].
         SECTION 4.  Section 85.036, Election Code, is amended by
  adding Subsections (b) and (f) to read as follows:
         (b)  The entity that owns or controls a public building being
  used as an early voting polling place may not, at any time during
  the early voting period, prohibit electioneering on the building's
  premises outside of the area described in Subsection (a), but may
  enact reasonable regulations concerning the time, place, and manner
  of electioneering.
         (f)  In this section:
               (1)  "Early voting period" means the period prescribed
  by Section 85.001.
               (2)  "Electioneering" includes the posting, use, or
  distribution of political signs or literature.
         SECTION 5.  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, 2013.