81R6173 JRJ-D By: Brown of Kaufman H.B. No. 2390 A BILL TO BE ENTITLED AN ACT relating to processing certain early voting ballots before election day. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 87.0241, Election Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows: (b) Except as provided by Subsection (d), the [The] board may not count early voting ballots until: (1) the polls open on election day; or (2) in an election conducted by an authority of a county with a population of 100,000 or more or conducted jointly with such a county, the end of the period for early voting by personal appearance. (d) An early voting ballot board may establish a process for removing data from voting machines used in early voting before the polls open on election day if: (1) the county will use the voting machines on election day; and (2) the secretary of state approves the process. SECTION 2. This Act takes effect September 1, 2009.