BILL ANALYSIS

S.B. 985

By: Bettencourt

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

S.B. 924 from the 88th Regular Session updated provisions in the Election Code related to combining election precincts. While S.B. 924 made improvements in this area of state law, the bill sponsor has informed the committee that it inadvertently removed an important provision allowing political parties to combine precincts during primary elections to avoid unreasonable expenditures for election equipment, supplies, and personnel. S.B. 985 seeks to address this issue by providing for a county commissioners court and the county executive committees of political parties to combine county election precincts under certain circumstances.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 985 amends the Election Code to authorize the following entities to combine county election precincts to avoid unreasonable expenditures for election equipment, supplies, and personnel if changes in county election precinct boundaries to give effect to a redistricting plan result in precincts with fewer than 3,000 registered voters:

· a commissioners court, for a general or special election; or

· for a primary election, the county executive committee of a political party conducting the primary election.

The bill subjects such a combined precinct to the population cap prescribed under state law for county election precincts generally and to the prohibition against establishing a combined precinct resulting in certain adverse effects to a group covered by the federal Voting Rights Act.

S.B. 985 expands the existing authorization for the commissioners court of a county with a population of less than 1.2 million that does not participate in the countywide polling place program to combine county election precincts in a general or special election on the recommendation of the county election board if certain conditions are met, including inability to secure a suitable polling place location, by doing the following:

· making that authorization applicable to the commissioners court of any county that does not participate in the countywide polling place program; and

· additionally authorizing the county executive committee of a political party conducting a primary election to combine precincts in the primary election on the recommendation of the county election board if those conditions are met.

S.B. 985 establishes that for the purposes of appointing a presiding election judge and an alternate presiding judge to a county election precinct combined under the previously described authorizations added or amended by the bill, the combined precinct must be considered a single precinct and the judges must be appointed in accordance with the procedures provided under statutory provisions relating to election judges and clerks.

EFFECTIVE DATE

September 1, 2025.