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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting movable early voting polling places. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 85.010(b), Election Code, is amended to |
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read as follows: |
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(b) A political subdivision that holds an election |
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described by Subsection (a) shall designate as an early voting |
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polling place for the election any early voting polling place[,
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other than a polling place established under Section 85.062(e),] |
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established by the county and located in the political subdivision. |
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SECTION 2. Section 85.062, Election Code, is amended by |
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amending Subsections (a), (b), and (c) and adding Subsection (h) to |
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read as follows: |
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(a) Except as provided by Subsection (d) [or (e)], one or |
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more early voting polling places other than the main early voting |
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polling place may be established by: |
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(1) the commissioners court, for an election in which |
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the county clerk is the early voting clerk; or |
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(2) the governing body of the political subdivision |
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served by the authority ordering the election, for an election in |
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which a person other than the county clerk is the early voting |
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clerk. |
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(b) A polling place established under this section may be |
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located, subject to Subsection (d), at any place in the territory |
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served by the early voting clerk and may be located in any |
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stationary structure as directed by the authority establishing the |
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branch office. The polling place may not be located in a movable |
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structure [in the general election for state and county officers,
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general primary election, or runoff primary election]. Ropes or |
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other suitable objects may be used at the polling place to ensure |
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compliance with Section 62.004. Persons who are not expressly |
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permitted by law to be in a polling place shall be excluded from the |
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polling place to the extent practicable. |
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(c) In any election, the location of a polling place |
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established under this section shall be fixed at one place for the |
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duration of the period that voting is required to be conducted for |
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that election [at the polling place]. |
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(h) If an authority holding an election for which the ballot |
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includes a proposition seeking voter approval of the issuance of |
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bonds or other debt establishes a polling place located in a movable |
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structure or location in violation of this section, the election |
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for approval of the proposition is invalid. |
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SECTION 3. Section 85.062(e), Election Code, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |