| 1 | 1 | | 82R22021 JRH-F |
|---|
| 2 | 2 | | By: Pena, Aliseda, Torres, H.B. No. 2050 |
|---|
| 3 | 3 | | Gonzales of Williamson, Garza |
|---|
| 4 | 4 | | Substitute the following for H.B. No. 2050: |
|---|
| 5 | 5 | | By: Branch C.S.H.B. No. 2050 |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | A BILL TO BE ENTITLED |
|---|
| 9 | 9 | | AN ACT |
|---|
| 10 | 10 | | relating to the use of recording devices and mobile telephones by |
|---|
| 11 | 11 | | poll watchers. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 33.006(b), Election Code, is amended to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (b) A certificate of appointment must: |
|---|
| 16 | 16 | | (1) be in writing and signed by the appointing |
|---|
| 17 | 17 | | authority or, for an appointment for a write-in candidate under |
|---|
| 18 | 18 | | Section 33.004, by each of the voters making the appointment; |
|---|
| 19 | 19 | | (2) indicate the capacity in which the appointing |
|---|
| 20 | 20 | | authority is acting; |
|---|
| 21 | 21 | | (3) state the name, residence address, and voter |
|---|
| 22 | 22 | | registration number of the appointee and be signed by the |
|---|
| 23 | 23 | | appointee; |
|---|
| 24 | 24 | | (4) identify the election and the precinct polling |
|---|
| 25 | 25 | | place or other location at which the appointee is to serve; and |
|---|
| 26 | 26 | | (5) in an election on a measure, identify the measure |
|---|
| 27 | 27 | | if more than one is to be voted on and state which side of the |
|---|
| 28 | 28 | | measure the appointee represents[; and |
|---|
| 29 | 29 | | [(6) contain an affidavit executed by the appointee |
|---|
| 30 | 30 | | stating that the appointee will not have possession of any |
|---|
| 31 | 31 | | mechanical or electronic means of recording images or sound while |
|---|
| 32 | 32 | | serving as a watcher]. |
|---|
| 33 | 33 | | SECTION 2. Section 61.014(d), Election Code, is amended to |
|---|
| 34 | 34 | | read as follows: |
|---|
| 35 | 35 | | (d) This section does not apply to: |
|---|
| 36 | 36 | | (1) an election officer in conducting the officer's |
|---|
| 37 | 37 | | official duties; |
|---|
| 38 | 38 | | (2) the use of election equipment necessary for the |
|---|
| 39 | 39 | | conduct of the election; [or] |
|---|
| 40 | 40 | | (3) a person who is employed at the location in which a |
|---|
| 41 | 41 | | polling place is located while the person is acting in the course of |
|---|
| 42 | 42 | | the person's employment; or |
|---|
| 43 | 43 | | (4) a poll watcher who, in a manner that does not |
|---|
| 44 | 44 | | disrupt proceedings at or near the voting station and for the |
|---|
| 45 | 45 | | purpose of reporting an irregularity or violation of law relating |
|---|
| 46 | 46 | | to the election, is contacting the authority holding the election, |
|---|
| 47 | 47 | | the secretary of state, the attorney general, or a law enforcement |
|---|
| 48 | 48 | | officer. |
|---|
| 49 | 49 | | SECTION 3. Section 33.051(c), Election Code, is repealed. |
|---|
| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2011. |
|---|