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A BILL TO BE ENTITLED
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AN ACT
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relating to the conduct and administration of elections. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.012, Election Code, is amended by |
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adding Subsections (i) and (j) to read as follows: |
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(i) Notwithstanding Chapter 552, Government Code, any |
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information on a ballot that relates to the specific polling place |
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at which the voter cast the ballot is confidential and not subject |
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to disclosure under that chapter. |
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(j) A county election official may withhold information |
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described by Subsection (i) without requesting a decision from the |
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attorney general under Subchapter G, Chapter 552, Government Code. |
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SECTION 2. Section 32.053(b), Election Code, is amended to |
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read as follows: |
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(b) This section does not apply to[: |
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[(1)] a county clerk[; or |
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[(2) a precinct chair declared elected under Section |
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171.0221]. |
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SECTION 3. Sections 42.0051(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) Notwithstanding Section 43.005, a commissioner's court |
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may combine county election precincts for a general or special |
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election [This section applies only to a county with a population of |
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less than 1.2 million that does not participate in the countywide |
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polling place program described by Section 43.007]. |
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(c) A combined precinct under this section may not contain |
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less than 2,000 registered voters or more than 5,000 [10,000] |
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registered voters. |
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SECTION 4. Section 43.007(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state shall implement a program to |
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allow each commissioners court participating in the program to |
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[eliminate county election precinct polling places and] establish |
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countywide polling places at each county election precinct for: |
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(1) any election required to be conducted by the |
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county; |
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(2) any election held as part of a joint election |
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agreement with a county under Chapter 271; |
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(3) any election held under contract for election |
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services with a county under Subchapter D, Chapter 31; |
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(4) each primary election and runoff primary election |
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if: |
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(A) the county chair or county executive |
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committee of each political party participating in a joint primary |
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election under Section 172.126 agrees to the use of countywide |
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polling places; or |
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(B) the county chair or county executive |
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committee of each political party required to nominate candidates |
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by primary election agrees to use the same countywide polling |
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places; and |
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(5) each election of a political subdivision located |
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in the county that is held jointly with an election described by |
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Subdivision (3) or (4). |
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SECTION 5. Section 65.014(c), Election Code, is amended to |
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read as follows: |
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(c) The returns shall be prepared as an original and three |
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copies, and on completing the returns, the presiding judge shall: |
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(1) complete a reconciliation of the number of voters |
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and the number of votes cast; and |
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(2) sign each return [one] to certify its accuracy. |
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SECTION 6. Section 129.023(c), Election Code, is amended to |
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read as follows: |
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(c) The general custodian of election records shall adopt |
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procedures for testing that: |
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(1) direct the testing board to cast votes; |
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(2) verify that each contest position, as well as each |
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precinct and ballot style, on the ballot can be voted and is |
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accurately counted; |
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(3) include overvotes and undervotes for each race, if |
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applicable to the system being tested; |
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(4) include write-in votes, when applicable to the |
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election; |
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(5) include provisional votes, if applicable to the |
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system being tested; |
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(6) calculate the expected results from the test |
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ballots; |
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(7) ensure that each voting machine has any public |
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counter reset to zero and presented to the testing board for |
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verification before testing; |
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(8) require that, for each feature of the system that |
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allows disabled voters to cast a ballot, at least one vote be cast |
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and verified by a two-person testing board team using that feature; |
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[and] |
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(9) require that, when all votes are cast, the general |
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custodian of election records and the testing board observe the |
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tabulation of all ballots and compare the actual results to the |
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expected results; and |
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(10) verify that, for an election in which a poll list |
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in the form of an electronic device is used, the precinct and ballot |
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style associated with each voter on the poll list matches the |
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precinct and ballot style provided to the voter. |
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SECTION 7. Sections 171.022(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A county executive committee consists of: |
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(1) a county chair, who is the presiding officer, |
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elected at the general primary election by majority vote of the |
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qualified voters of the county who vote in the primary on that |
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office or appointed by the county executive committee as provided |
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by this subchapter; and |
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(2) a precinct chair from each county election |
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precinct, elected using hand-marked paper ballots at the political |
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party's convention or other party meeting and as otherwise provided |
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by party rule [at the general primary by majority vote of the |
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qualified voters of the precinct who vote in the primary on that |
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office, subject to Section 171.0221], or appointed by the county |
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executive committee as provided by this subchapter. |
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(b) Except as provided by Subsection (d), if no candidate |
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for county chair receives a majority of the votes, a runoff to |
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determine the chair [office] is conducted in the same manner as a |
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runoff primary election to determine a nomination for public |
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office. The candidates to be in a runoff are determined in the same |
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manner as candidates in a runoff for a nomination. |
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SECTION 8. Section 171.0231, Election Code, is amended to |
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read as follows: |
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Sec. 171.0231. WRITE-IN CANDIDATE FOR COUNTY CHAIR [OR |
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PRECINCT CHAIR]. (a) Write-in candidates are not permitted for |
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county chair [or precinct chair] unless a county executive |
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committee authorizes write-in candidates. |
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(b) If the county executive committee authorizes write-in |
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candidates: |
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(1) a write-in vote for the office of county chair or |
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precinct chair may not be counted unless the name written in appears |
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on the list of write-in candidates; |
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(2) to be entitled to a place on the list of write-in |
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candidates, a candidate must make a declaration of write-in |
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candidacy; |
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(3) a declaration of write-in candidacy must be filed |
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with the authority with whom an application for a place on the |
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ballot is required to be filed for the office; |
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(4) a declaration of write-in candidacy must be filed |
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not later than 6 p.m. of the fifth day after the date of the filing |
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deadline for the general primary election; |
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(5) with the appropriate modifications and to the |
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extent practicable, Subchapter B, Chapter 146, applies to write-in |
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voting for the office of county chair [or precinct chair]; and |
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(6) the secretary of state shall prescribe any |
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procedures necessary to implement this subsection. |
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SECTION 9. Section 171.028(a), Election Code, is amended to |
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read as follows: |
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(a) Not later than the 30th day after the date the term of |
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office of a new county chair begins, the person formerly serving as |
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the county chair shall transfer to the new county chair: |
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(1) local party bank accounts over which the former |
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county chair has authority; and |
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(2) the following original records that are in the |
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possession of the former county chair: |
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(A) [precinct chair and] county chair canvass |
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results; |
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(B) candidate applications; |
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(C) paperwork related to the primary election; |
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and |
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(D) other documents concerning party affairs. |
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SECTION 10. Section 172.023(b), Election Code, is amended |
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to read as follows: |
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(b) An application[, other than an application for the |
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office of precinct chair,] may not be filed earlier than the 30th |
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day before the date of the regular filing deadline. [An application |
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for the office of precinct chair may not be filed earlier than the |
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90th day before the date of the regular filing deadline.] |
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SECTION 11. Section 172.061, Election Code, is amended to |
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read as follows: |
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Sec. 172.061. CANDIDATE FOR PARTY OFFICE. (a) Except for |
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Sections 172.058(b), 172.059(c), and 172.060(b), this subchapter |
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applies to a candidate for county chair [or precinct chair]. |
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(b) If a runoff candidate for county chair [or precinct |
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chair] withdraws, the remaining candidate is considered to be |
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elected and the runoff election for that office is not held. |
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SECTION 12. Section 172.089, Election Code, is amended to |
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read as follows: |
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Sec. 172.089. ORDER OF PARTY OFFICES ON BALLOT. The party |
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office [offices] of county chair [and precinct chair] shall be |
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listed on the primary election ballot after the public offices |
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[with the office of county chair listed first]. |
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SECTION 13. The following provisions of the Election Code |
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are repealed: |
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(1) Section 42.0051(a-1); |
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(2) Sections 43.007(f), (g), (h), (m), and (n); |
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(3) Section 124.065; |
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(4) Section 172.090; and |
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(5) Section 173.082(e). |
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SECTION 14. The changes in law made by this Act apply to an |
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election ordered on or after the effective date of this Act. |
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SECTION 15. This Act takes effect September 1, 2025. |