H.B. No. 1888

AN ACT

relating to temporary branch polling place hours of operation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 42.0621, Election Code, is amended to read as follows:

Sec. 42.0621. PRECINCTS FOR ELECTIONS HELD ON NOVEMBER [A] UNIFORM ELECTION DATE.

SECTION 2. Section 42.0621(a), Election Code, is amended to read as follows:

(a) In an election held on the November [a] uniform election date, the political subdivisions to which Section 42.002(a)(5) applies shall use the regular county election precincts.

SECTION 3. Section 85.062(e), Election Code, is amended to read as follows:

(e) In an election covered by Subsection (d), a temporary branch polling place that is located in a movable structure may be established only with the approval of the county clerk. If a [movable] temporary branch polling place is established in a movable structure on the request of a political party, each other political party whose nominee for governor in the most recent gubernatorial general election received more than 10 percent of the total number of votes received by all candidates for governor in the election is entitled to establishment of such a polling place. The election officers serving a polling place covered by this subsection must be affiliated or aligned with different political parties to the extent possible. The secretary of state, after consulting the state chair of each affected political party, shall prescribe the procedures necessary to implement this subsection.

SECTION 4. The heading to Section 85.064, Election Code, is amended to read as follows:

Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH [IN POPULOUS COUNTY].

SECTION 5. Section 85.064(b), Election Code, is amended to read as follows:

(b) Early voting by personal appearance at each temporary branch polling place [established under Section 85.062(d)] shall be conducted on the days that voting is required to be conducted at the main early voting polling place under Section 85.005 and remain open for at least:

(1) eight hours each day; or

(2) three hours each day if the city or county clerk does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters. [The authority establishing the temporary branch polling place shall determine the hours during which the voting is to be conducted on those days. The authority shall order voting to be conducted for the same number of hours that voting is required to be conducted on those days at the main early voting polling place under Section 85.005 on receipt of a written request for those hours submitted by at least 15 registered voters of the county. The request must be submitted in time to enable compliance with Section 85.067.]

SECTION 6. Section 85.068(a), Election Code, is amended to read as follows:

(a) The early voting clerk shall post notice for each election stating any dates and the hours that voting on Saturday or Sunday will be conducted under Section 85.064(d) [or 85.065(b)], if the early voting clerk is a county clerk or city secretary under Section 83.002 or 83.005.

SECTION 7. The following provisions of the Election Code are repealed:

(1) Section 42.002(c);

(2) Sections 85.064(a) and (c); and

(3) Section 85.065.

SECTION 8. This Act takes effect September 1, 2019.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1888 was passed by the House on May 8, 2019, by the following vote: Yeas 91, Nays 53, 1 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 1888 was passed by the Senate on May 21, 2019, by the following vote: Yeas 19, Nays 12.

______________________________ Secretary of the Senate APPROVED: _____________________

Date

_____________________

Governor