88R2026 MLH-D
 
  By: Cole H.B. No. 1271
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the method of returning a ballot to be voted by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 4.003, Election Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  In addition to any other notice given for an election
  under Subsection (a), not later than the 21st day before election
  day, a county shall post a copy of a notice of the election given by
  the county or provided to the county under Section 4.008(a)[, which
  must include the location of each polling place,] on the county's
  Internet website, if the county maintains a website. An authority
  responsible for giving notice of an election may post a copy of the
  notice on the bulletin board used for posting notices of the
  meetings of the governing body of the political subdivision that
  the authority serves. If a county does not maintain a website, the
  authority responsible for giving notice of the election shall post
  a copy of a notice of the election on the bulletin board used for
  posting notices of the meetings of the governing body of the
  political subdivision that the authority serves. For each precinct
  that is combined to form a consolidated precinct under Section
  42.008, not later than the 10th day before election day, the
  authority shall also post, at the polling place used in the
  preceding general election, notice of the precinct's consolidation
  and the location of the polling place in the consolidated precinct.
  A notice posted under this subsection must remain posted
  continuously through election day.
         (b-1)  The notice given under Subsection (b) must include:
               (1)  the location of each polling place that will be
  open on election day;
               (2)  the location of each polling place that will be
  open for early voting; and
               (3)  each location that will be available to voters to
  deliver a marked ballot under Section 86.006(a-3).
         SECTION 2.  Section 86.006, Election Code, is amended by
  amending Subsections (a) and (a-1) and adding Subsections (a-3) and
  (a-4) to read as follows:
         (a)  A marked ballot voted under this chapter must be
  returned to the early voting clerk in the official carrier
  envelope. The carrier envelope may be delivered in another envelope
  and must be transported and delivered only by:
               (1)  mail;
               (2)  common or contract carrier; or
               (3)  subject to Subsection [Subsections] (a-1) [and
  (a-2)], in-person delivery by the voter who voted the ballot.
         (a-1)  The voter may deliver a marked ballot in person to the
  early voting clerk's office or to another designated location
  [only] while the polls are open on election day or during the early
  voting period.  A voter who delivers a marked ballot in person may
  return only the voter's own ballot and must present an acceptable
  form of identification described by Section 63.0101.
         (a-3)  The county clerk may designate any of the following
  locations for delivering marked ballots under Subsection (a-1):
               (1)  the early voting clerk's office;
               (2)  any polling place open for early voting or for
  election day; or
               (3)  any suitable location that meets criteria
  prescribed by the secretary of state.
         (a-4)  To ensure that locations designated for delivering
  marked ballots are accessible and secure, the secretary of state
  shall adopt rules establishing criteria for a location that a
  county clerk may designate under Subsection (a-3).
         SECTION 3.  Section 86.006(a-2), Election Code, is repealed.
         SECTION 4.  This Act takes effect September 1, 2023.