87S20412 BRG-F
 
  By: Miles, et al. S.B. No. 46
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to temporary branch polling places.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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 2.  Section 85.065, Election Code, as effective
  September 1, 2021, is amended to read as follows:
         Sec. 85.065.  DAYS AND HOURS FOR VOTING: TEMPORARY BRANCHES
  [BRANCH IN LESS POPULOUS COUNTY].  (a)  Voting [This section applies
  only to an election in which the territory served by the early
  voting clerk is situated in a county with a population under
  100,000. In an election in which the territory served by the clerk
  is situated in more than one county, this section applies if the sum
  of the populations of the counties is under 100,000.
         [(b)  Except as provided by Subsection (c), voting] at a
  temporary branch polling place may be conducted on any days and
  during any hours of the period for early voting by personal
  appearance, as determined by the authority establishing the branch.  
  The authority authorized under Section 85.006 to order early voting
  on a Saturday or Sunday may also order, in the manner prescribed by
  that section, early voting to be conducted on a Saturday or Sunday
  at any one or more of the temporary branch polling places.
         (b)  [(c) Voting at a temporary branch polling place must be
  conducted on at least two consecutive business days and for at least
  eight consecutive hours on each of those days.
         [(d)] The schedules for conducting voting are not required to
  be uniform among the temporary branch polling places.
         SECTION 3.  Section 85.068(a), Election Code, as effective
  September 1, 2021, 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 85.065(a) [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 4.  Section 85.064, Election Code, as effective
  September 1, 2021, is repealed.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.