| 1 | 1 | | 81R873 CS-D |
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| 2 | 2 | | By: Zerwas H.B. No. 496 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the procedure for holding a special election. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 4, Election Code, is amended by adding |
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| 10 | 10 | | Section 4.009 to read as follows: |
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| 11 | 11 | | Sec. 4.009. ADDITIONAL NOTICE REQUIREMENTS: SPECIAL |
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| 12 | 12 | | ELECTIONS. (a) In addition to any other notice given under Section |
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| 13 | 13 | | 4.003, notice of a special election must be given by one or more of |
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| 14 | 14 | | the following methods: |
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| 15 | 15 | | (1) by mailing, not earlier than 10 days or not later |
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| 16 | 16 | | than five days before the date of the special election, a copy of |
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| 17 | 17 | | the notice required under Section 4.003 to each registered voter of |
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| 18 | 18 | | the territory that is covered by the special election and is in the |
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| 19 | 19 | | jurisdiction of the authority responsible for giving the notice; or |
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| 20 | 20 | | (2) by announcements, to begin not earlier than seven |
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| 21 | 21 | | days before the date of the special election: |
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| 22 | 22 | | (A) during hourly news segments on one or more |
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| 23 | 23 | | local radio stations broadcasting from the territory that is |
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| 24 | 24 | | covered by the election; or |
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| 25 | 25 | | (B) during the evening news broadcasts of one or |
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| 26 | 26 | | more local television affiliates broadcasting from the territory |
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| 27 | 27 | | that is covered by the election. |
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| 28 | 28 | | (b) An announcement under this section must comply with the |
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| 29 | 29 | | content requirements under Section 4.004. |
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| 30 | 30 | | SECTION 2. Section 43.002, Election Code, is amended by |
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| 31 | 31 | | adding Subsection (d) to read as follows: |
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| 32 | 32 | | (d) Unless the commissioners court consolidates two or more |
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| 33 | 33 | | election precincts under Section 42.008, the designated polling |
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| 34 | 34 | | place for a special election shall be the polling place used in the |
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| 35 | 35 | | most recent general election for state and county officers. |
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| 36 | 36 | | SECTION 3. Section 43.004, Election Code, is amended by |
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| 37 | 37 | | adding Subsection (c) to read as follows: |
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| 38 | 38 | | (c) Unless the commissioners court consolidates two or more |
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| 39 | 39 | | election precincts under Section 42.008, the designated polling |
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| 40 | 40 | | place for a special election shall be the polling place used in the |
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| 41 | 41 | | most recent general election of the political subdivision. |
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| 42 | 42 | | SECTION 4. Section 43.005, Election Code, is amended to |
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| 43 | 43 | | read as follows: |
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| 44 | 44 | | Sec. 43.005. DESIGNATION OF LOCATION: CERTAIN SPECIAL |
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| 45 | 45 | | ELECTIONS. The authority establishing election precincts under |
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| 46 | 46 | | Section 42.062 shall, to the extent practicable, designate the |
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| 47 | 47 | | location of the polling place used in the most recent general |
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| 48 | 48 | | election for state and county officers as the polling place for each |
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| 49 | 49 | | precinct. |
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| 50 | 50 | | SECTION 5. Section 43.061(b), Election Code, is amended to |
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| 51 | 51 | | read as follows: |
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| 52 | 52 | | (b) If the location of a polling place changes after notice |
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| 53 | 53 | | of an election is given under Section 4.003 or 4.009, the county |
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| 54 | 54 | | clerk shall give notice of the change not later than the earlier of: |
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| 55 | 55 | | (1) 24 hours after the location is changed; or |
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| 56 | 56 | | (2) 72 hours before the polls open on election day. |
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| 57 | 57 | | SECTION 6. This Act takes effect September 1, 2009. |
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