By: Simmons, et al. (Senate Sponsor - Paxton) H.B. No. 259
(In the Senate - Received from the House May 2, 2013;
May 13, 2013, read first time and referred to Committee on State
Affairs; May 15, 2013, reported favorably by the following vote:
Yeas 7, Nays 1; May 15, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to electioneering conducted near a polling place.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 61.003, Election Code, is
amended to read as follows:
Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING
PLACE [PROHIBITED].
SECTION 2. Section 61.003, Election Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) The entity that owns or controls a public building
being used as a polling place may not, at any time during the voting
period, prohibit electioneering on the building's premises outside
of the area described in Subsection (a), but may enact reasonable
regulations concerning the time, place, and manner of
electioneering.
(b) In this section:
(1) "Electioneering" includes the posting, use, or
distribution of political signs or literature.
(2) "Voting [, "voting] period" means the period
beginning when the polls open for voting and ending when the polls
close or the last voter has voted, whichever is later.
SECTION 3. The heading to Section 85.036, Election Code, is
amended to read as follows:
Sec. 85.036. ELECTIONEERING [PROHIBITED].
SECTION 4. Section 85.036, Election Code, is amended by
adding Subsections (b) and (f) to read as follows:
(b) The entity that owns or controls a public building being
used as an early voting polling place may not, at any time during
the early voting period, prohibit electioneering on the building's
premises outside of the area described in Subsection (a), but may
enact reasonable regulations concerning the time, place, and manner
of electioneering.
(f) In this section:
(1) "Early voting period" means the period prescribed
by Section 85.001.
(2) "Electioneering" includes the posting, use, or
distribution of political signs or literature.
SECTION 5. 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, 2013.
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