Texas 2015 - 84th Regular

Texas House Bill HB3124 Compare Versions

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Version 2 (New)

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1	1	84R12622 ADM-F
2	2	By: Schofield H.B. No. 3124
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of voting stations accessible to persons with
8	8	disabilities in certain elections.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 61.013(a), (c), and (d), Election Code,
11	11	are amended to read as follows:
12	12	(a) For an election other than an election held on the date
13	13	of the general election for state and county officers or a special
14	14	election to fill a vacancy in Congress [of a political subdivision
15	15	that is held jointly with another election in which a federal office
16	16	appears on the ballot], a [the] political subdivision is not
17	17	required to meet the requirements of Section 61.012(a)(1)(C) if the
18	18	political subdivision:
19	19	(1) is a county with a population of less than 2,000;
20	20	(2) is a county with a population of 2,000 or more but
21	21	less than 5,000, and the county provides at least one voting station
22	22	that meets the requirements for accessibility under 52 U.S.C.
23	23	Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election
24	24	day;
25	25	(3) is a county with a population of 5,000 or more but
26	26	less than 10,000, and the county provides at least one voting
27	27	station that meets the requirements for accessibility under 52
28	28	U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on
29	29	election day and during the period for early voting by personal
30	30	appearance;
31	31	(4) is a county with a population of 10,000 or more but
32	32	less than 20,000, and the county:
33	33	(A) makes a showing in the manner provided by
34	34	Subsection (c) that compliance with Section 61.012(a)(1)(C)
35	35	constitutes an undue burden on the county;
36	36	(B) provides at least one voting station that
37	37	meets the requirements for accessibility under 52 U.S.C. Section
38	38	21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election day and
39	39	during the period for early voting by personal appearance; and
40	40	(C) provides a mobile voting station that meets
41	41	the requirements for accessibility under 52 U.S.C. Section
42	42	21081(a)(3) [42 U.S.C. Section 15481(a)(3)] that during the period
43	43	for early voting by personal appearance is deployed at least once at
44	44	each polling place used for early voting by personal appearance; or
45	45	(5) is located in a county described by Subdivisions
46	46	(1)-(4) and meets the same requirements as the county in which the
47	47	political subdivision is located.
48	48	(c) A county or political subdivision may make a showing of
49	49	undue burden under Subsection (a)(4)(A) by filing an application
50	50	with the secretary of state not later than the 10th day after the
51	51	date an election is ordered [90th day before the date of the
52	52	election] that states the reasons that compliance would constitute
53	53	an undue burden. A showing of an undue burden may be satisfied by
54	54	proof that the election costs associated with compliance with
55	55	Section 61.012(a)(1)(C) constitute a significant expense for the
56	56	county or political subdivision and reflect an increase of at least
57	57	25 percent in the costs of holding an election as compared to the
58	58	costs of the last general election held by the county or political
59	59	subdivision before January 1, 2006. Not later than the 20th day
60	60	after the date of receiving an application under this section, the
61	61	secretary of state shall determine whether compliance with Section
62	62	61.012(a)(1)(C) is an undue burden for the county or political
63	63	subdivision.
64	64	(d) A county or political subdivision that intends to use
65	65	this section to provide fewer voting stations that meet the
66	66	requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
67	67	[42 U.S.C. Section 15481(a)(3)] than required by Section
68	68	61.012(a)(1)(C) must:
69	69	(1) provide notice to the secretary of state of that
70	70	intent not later than the 10th day after the date an election is
71	71	ordered [90th day before the date of the election]; and
72	72	(2) for a county described by Subsection (a)(2), (3),
73	73	or (4), or a political subdivision located in such a county, publish
74	74	notice of the location of each voting station that meets the
75	75	requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
76	76	[42 U.S.C. Section 15481(a)(3)] in a newspaper of general
77	77	circulation in the county or political subdivision not later than
78	78	the 15th day before the date of the start of the period of early
79	79	voting by personal appearance.
80	80	SECTION 2. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2015.