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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the board of trustees of a school |
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district to exclude the use of district buildings as polling places |
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and to the designation of days a school district campus is used as a |
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polling place as staff development days. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Section 11.187 to read as follows: |
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Sec. 11.187. POLICY EXCLUDING USE OF DISTRICT BUILDINGS AS |
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POLLING PLACES. The board of trustees of an independent school |
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district may adopt a policy excluding the use of a building owned or |
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controlled by the district as a polling place under Section 43.031, |
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Election Code. |
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SECTION 2. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.0813 to read as follows: |
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Sec. 25.0813. SCHOOL CAMPUS DESIGNATED AS POLLING PLACE. |
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If a school campus is selected for use as a polling place under |
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Section 43.031, Election Code, the school district shall designate |
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the day the campus serves as a polling place as a staff development |
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day. |
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SECTION 3. Section 37.108(e), Education Code, is amended to |
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read as follows: |
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(e) A school district shall include in its multihazard |
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emergency operations plan a policy for school district property |
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selected for use as a polling place under Section 43.031, Election |
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Code. In developing the policy under this subsection, the board of |
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trustees may consult with the local law enforcement agency with |
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jurisdiction over the school district property selected as a |
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polling place regarding reasonable security accommodations that |
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may be made to the property. This subsection may not be interpreted |
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to require the board of trustees to obtain or contract for the |
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presence of law enforcement or security personnel for the purpose |
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of securing a polling place located on school district |
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property. Failure to comply with this subsection does not affect |
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the requirement, if applicable, of the board of trustees to make a |
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school facility available for use as a polling place under Section |
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43.031, Election Code. |
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SECTION 4. Section 43.031, Election Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The building selected for a polling place shall be a |
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public building if practicable. Except as provided by Subsection |
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(c-1), the [The] entity that owns or controls a public building |
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shall make the building available for use as a polling place in any |
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election that covers territory in which the building is located. If |
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more than one authority requests the use of the building for the |
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same day and simultaneous use is impracticable, the entity that |
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owns or controls the building shall determine which authority may |
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use the building. |
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(c-1) If the board of trustees of a school district adopts a |
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policy excluding the use as a polling place of a building owned or |
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controlled by the district as provided by Section 11.187, Education |
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Code, the building may not be designated as a polling place under |
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this chapter for any election during the period in which the |
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district's policy is in effect. |
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SECTION 5. The changes in law made by this Act by adding |
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Sections 11.187 and 25.0813, Education Code, and by amending |
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Section 37.108(e), Education Code, apply beginning with the |
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2023-2024 school year. |
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SECTION 6. 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, 2023. |