86R8947 SRS-F
By: Pacheco H.B. No. 2106
A BILL TO BE ENTITLED
AN ACT
relating to certain activities near a polling place; changing the
elements of certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.003(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if, during the voting period
and within 300 [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.
SECTION 2. Section 61.010(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), a person may not
wear a badge, insignia, emblem, or other similar communicative
device relating to a candidate, measure, or political party
appearing on the ballot, or to the conduct of the election, in the
polling place or within 300 [100] feet of any outside door through
which a voter may enter the building in which the polling place is
located.
SECTION 3. Sections 62.013(a) and (b), Election Code, are
amended to read as follows:
(a) An election officer commits an offense if the officer
knowingly posts at a polling place, including the area within 300
[100] feet of an outside door through which a voter may enter the
building in which the polling place is located, a sign, card,
poster, or other similar material that:
(1) is not authorized or required by law; or
(2) is in a form or contains information that is not
authorized or required by law.
(b) A person other than an election officer commits an
offense if the person posts a sign, card, poster, or other similar
material at a polling place, including the 300-foot [100-foot] area
described by Subsection (a).
SECTION 4. Section 85.036(a), Election Code, is amended to
read as follows:
(a) During the time an early voting polling place is open
for the conduct of early voting, a person may not electioneer for or
against any candidate, measure, or political party in or within 300
[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.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2019.