81R11693 ATP-D
By: Homer H.B. No. 2794
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for accessibility to voting equipment
by persons with disabilities in certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.013(a), Election Code, as added by
Chapter 1182 (H.B. 556), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(a) For an election other than an election of a political
subdivision that is held jointly with another election in which a
federal office appears on the ballot, the political subdivision is
not required to meet the requirements of Section 61.012(a)(1)(C) if
the political subdivision:
(1) is a county with a population of less than 2,000;
(2) is a county with a population of 2,000 or more but
less than 5,000, and the county provides at least one voting station
that meets the requirements for accessibility under 42 U.S.C.
Section 15481(a)(3) on election day;
(3) is a county with a population of 5,000 or more but
less than 10,000, and the county provides at least one voting
station that meets the requirements for accessibility under 42
U.S.C. Section 15481(a)(3) on election day and during the period
for early voting by personal appearance;
(4) is a county with a population of 10,000 or more but
less than 20,000, and the county:
(A) makes a showing in the manner provided by
Subsection (c) that compliance with Section 61.012(a)(1)(C)
constitutes an undue burden on the county;
(B) provides at least one voting station that
meets the requirements for accessibility under 42 U.S.C. Section
15481(a)(3) on election day and during the period for early voting
by personal appearance; and
(C) provides a mobile voting station that meets
the requirements for accessibility under 42 U.S.C. Section
15481(a)(3) that during the period for early voting by personal
appearance is deployed at least once at each polling place used for
early voting by personal appearance; [or]
(5) is located in a county described by Subdivision
(1), (2), (3), or (4) [Subdivisions (1)-(4)] and meets the same
requirements as the county in which the political subdivision is
located; or
(6) is a political subdivision other than a county and
has a population of less than 1,000.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.