83R8295 ADM-D
By: Raymond H.B. No. 1197
A BILL TO BE ENTITLED
AN ACT
relating to electioneering on the premises of certain privately
owned polling places; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.031, Election Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) If a suitable public building is unavailable, the
polling place may be located in some other building, including a
building on a federal military base or facility with the permission
of the post or base commander, and any charge for its use is an
election expense. A polling place may not be located in a building
under this subsection unless electioneering is permitted on the
building's premises outside the prescribed limits within which
electioneering is prohibited, except that a polling place may be
located in a building at which electioneering is not permitted if it
is the only building available for use as a polling place in the
election precinct or the building is owned by a private business and
the owner of the business has provided notice under Subsection
(d-1).
(d-1) If the polling place is located in a building owned by
a private business, the owner of the business must notify the
authority holding the election if electioneering will be prohibited
on the privately owned premises of the building outside the area
described by Section 61.003(a).
SECTION 2. Section 61.003, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] person
commits an offense if, during the voting period and within 100 feet
of an outside door through which a voter may enter the building in
which a polling place is located, the person:
(1) loiters; or
(2) electioneers for or against any candidate,
measure, or political party.
(a-1) A person commits an offense if, during the voting
period and on the privately owned premises of a building in which a
polling place is located, the person loiters or electioneers for or
against any candidate, measure, or political party if the polling
place is located in a building owned by a private business and the
owner of the business has provided notice under Section 43.031(d-1)
that electioneering is prohibited on the building's privately owned
premises.
SECTION 3. Section 85.036, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) Except as provided by Subsection (b), during [During]
the time an early voting polling place is open for the conduct of
early voting, a person commits an offense if the person
electioneers [may not electioneer] for or against any candidate,
measure, or political party in or within 100 feet of an outside door
through which a voter may enter the building or structure in which
the early voting polling place is located.
(b) A person commits an offense if, during the early voting
period and on the privately owned premises of a building in which a
polling place is located, the person electioneers for or against
any candidate, measure, or political party if the polling place is
located in a building owned by a private business and the owner of
the business notifies the early voting clerk that electioneering is
prohibited on the building's privately owned premises.
SECTION 4. Section 85.036(d), Election Code, is repealed.
SECTION 5. This Act takes effect September 1, 2013.