84R12622 ADM-F
By: Schofield H.B. No. 3124
A BILL TO BE ENTITLED
AN ACT
relating to the use of voting stations accessible to persons with
disabilities in certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 61.013(a), (c), and (d), Election Code,
are amended to read as follows:
(a) For an election other than an election held on the date
of the general election for state and county officers or a special
election to fill a vacancy in Congress [of a political subdivision
that is held jointly with another election in which a federal office
appears on the ballot], a [the] political subdivision is not
required to meet the requirements of Section 61.012(a)(1)(C) if the
political subdivision:
(1) is a county with a population of less than 2,000;
(2) is a county with a population of 2,000 or more but
less than 5,000, and the county provides at least one voting station
that meets the requirements for accessibility under 52 U.S.C.
Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election
day;
(3) is a county with a population of 5,000 or more but
less than 10,000, and the county provides at least one voting
station that meets the requirements for accessibility under 52
U.S.C. Section 21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on
election day and during the period for early voting by personal
appearance;
(4) is a county with a population of 10,000 or more but
less than 20,000, and the county:
(A) makes a showing in the manner provided by
Subsection (c) that compliance with Section 61.012(a)(1)(C)
constitutes an undue burden on the county;
(B) provides at least one voting station that
meets the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] on election day and
during the period for early voting by personal appearance; and
(C) provides a mobile voting station that meets
the requirements for accessibility under 52 U.S.C. Section
21081(a)(3) [42 U.S.C. Section 15481(a)(3)] that during the period
for early voting by personal appearance is deployed at least once at
each polling place used for early voting by personal appearance; or
(5) is located in a county described by Subdivisions
(1)-(4) and meets the same requirements as the county in which the
political subdivision is located.
(c) A county or political subdivision may make a showing of
undue burden under Subsection (a)(4)(A) by filing an application
with the secretary of state not later than the 10th day after the
date an election is ordered [90th day before the date of the
election] that states the reasons that compliance would constitute
an undue burden. A showing of an undue burden may be satisfied by
proof that the election costs associated with compliance with
Section 61.012(a)(1)(C) constitute a significant expense for the
county or political subdivision and reflect an increase of at least
25 percent in the costs of holding an election as compared to the
costs of the last general election held by the county or political
subdivision before January 1, 2006. Not later than the 20th day
after the date of receiving an application under this section, the
secretary of state shall determine whether compliance with Section
61.012(a)(1)(C) is an undue burden for the county or political
subdivision.
(d) A county or political subdivision that intends to use
this section to provide fewer voting stations that meet the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] than required by Section
61.012(a)(1)(C) must:
(1) provide notice to the secretary of state of that
intent not later than the 10th day after the date an election is
ordered [90th day before the date of the election]; and
(2) for a county described by Subsection (a)(2), (3),
or (4), or a political subdivision located in such a county, publish
notice of the location of each voting station that meets the
requirements for accessibility under 52 U.S.C. Section 21081(a)(3)
[42 U.S.C. Section 15481(a)(3)] in a newspaper of general
circulation in the county or political subdivision not later than
the 15th day before the date of the start of the period of early
voting by personal appearance.
SECTION 2. 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, 2015.