Texas 2013 - 83rd Regular

Texas House Bill HB127 Compare Versions

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1	1	83R1862 ADM-D
2	2	By: Raymond H.B. No. 127
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electioneering on the premises of certain privately
8	8	owned polling places.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 43.031, Election Code, is amended by
11	11	amending Subsection (d) and adding Subsection (d-1) to read as
12	12	follows:
13	13	(d) If a suitable public building is unavailable, the
14	14	polling place may be located in some other building, including a
15	15	building on a federal military base or facility with the permission
16	16	of the post or base commander, and any charge for its use is an
17	17	election expense. A polling place may not be located in a building
18	18	under this subsection unless electioneering is permitted on the
19	19	building's premises outside the prescribed limits within which
20	20	electioneering is prohibited, except that a polling place may be
21	21	located in a building at which electioneering is not permitted if it
22	22	is the only building available for use as a polling place in the
23	23	election precinct or the building is owned by a private business and
24	24	the owner of the business has provided notice under Subsection
25	25	(d-1).
26	26	(d-1) This subsection applies only to a county located on an
27	27	international border that has a population of less than 300,000 in
28	28	which a city with a population of more than 200,000 is located. If
29	29	the polling place is located in a building owned by a private
30	30	business, the owner of the business must notify the authority
31	31	holding the election if electioneering will be prohibited on the
32	32	privately owned premises of the building outside the area described
33	33	by Section 61.003(a).
34	34	SECTION 2. Section 61.003, Election Code, is amended by
35	35	amending Subsection (a) and adding Subsection (a-1) to read as
36	36	follows:
37	37	(a) Except as provided by Subsection (a-1), a [A] person
38	38	commits an offense if, during the voting period and within 100 feet
39	39	of an outside door through which a voter may enter the building in
40	40	which a polling place is located, the person:
41	41	(1) loiters; or
42	42	(2) electioneers for or against any candidate,
43	43	measure, or political party.
44	44	(a-1) This subsection applies only to a county located on an
45	45	international border that has a population of less than 300,000 in
46	46	which a city with a population of more than 200,000 is located. A
47	47	person commits an offense if, during the voting period and on the
48	48	privately owned premises of a building in which a polling place is
49	49	located, the person loiters or electioneers for or against any
50	50	candidate, measure, or political party if the polling place is
51	51	located in a building owned by a private business and the owner of
52	52	the business has provided notice under Section 43.031(d-1) that
53	53	electioneering is prohibited on the building's privately owned
54	54	premises.
55	55	SECTION 3. Section 85.036, Election Code, is amended by
56	56	amending Subsection (a) and adding Subsection (b) to read as
57	57	follows:
58	58	(a) Except as provided by Subsection (b), during [During]
59	59	the time an early voting polling place is open for the conduct of
60	60	early voting, a person commits an offense if the person
61	61	electioneers [may not electioneer] for or against any candidate,
62	62	measure, or political party in or within 100 feet of an outside door
63	63	through which a voter may enter the building or structure in which
64	64	the early voting polling place is located.
65	65	(b) This subsection applies only to a county located on an
66	66	international border that has a population of less than 300,000 in
67	67	which a city with a population of more than 200,000 is located. A
68	68	person commits an offense if, during the early voting period and on
69	69	the privately owned premises of a building in which a polling place
70	70	is located, the person electioneers for or against any candidate,
71	71	measure, or political party if the polling place is located in a
72	72	building owned by a private business and the owner of the business
73	73	notifies the early voting clerk that electioneering is prohibited
74	74	on the building's privately owned premises.
75	75	SECTION 4. Section 85.036(d), Election Code, is repealed.
76	76	SECTION 5. This Act takes effect September 1, 2013.