Texas 2019 - 86th Regular

Texas House Bill HB933 Compare Versions

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1		-	H.B. No. 933
	1	+	By: Bucy, et al. (Senate Sponsor - Zaffirini) H.B. No. 933
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on State
	4	+	Affairs; May 10, 2019, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 10, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to posting of election information on the secretary of
6	12		state's and each county's Internet website.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 4.003(b), Election Code, is amended to
9	15		read as follows:
10	16		(b) In addition to any other notice given for an election
11	17		under Subsection (a), not later than the 21st day before election
12	18		day, a county [the authority responsible for giving notice of the
13	19		election] shall post a copy of a [the] notice of the election given
14	20		by the county or provided to the county under Section 4.008(a),
15	21		which must include the location of each polling place, on the
16		-	county's Internet website, if the county maintains a website. An
17		-	authority responsible for giving notice of an election may post a
18		-	copy of the notice on the bulletin board used for posting notices of
19		-	the meetings of the governing body of the political subdivision
20		-	that the authority serves. If a county does not maintain a website,
21		-	the authority responsible for giving notice of the election shall
22		-	post a copy of a notice of the election on the bulletin board used
23		-	for posting notices of the meetings of the governing body of the
24		-	political subdivision that the authority serves. For each precinct
25		-	that is combined to form a consolidated precinct under Section
26		-	42.008, not later than the 10th day before election day, the
	22	+	county's Internet website. An authority responsible for giving
	23	+	notice of an election may post a copy of the notice on the bulletin
	24	+	board used for posting notices of the meetings of the governing body
	25	+	of the political subdivision that the authority serves. For each
	26	+	precinct that is combined to form a consolidated precinct under
	27	+	Section 42.008, not later than the 10th day before election day, the
27	28		authority shall also post, at the polling place used in the
28	29		preceding general election, notice of the precinct's consolidation
29	30		and the location of the polling place in the consolidated precinct.
30	31		A notice posted under this subsection must remain posted
31	32		continuously through election day.
32	33		SECTION 2. Section 4.008(a), Election Code, is amended to
33	34		read as follows:
34	35		(a) Except as provided by Subsection (b), the governing body
35	36		of a political subdivision, other than a county, that orders an
36	37		election shall deliver notice of the election, including the
37	38		location of each polling place, to the county clerk and voter
38	39		registrar of each county in which the political subdivision is
39	40		located not later than the 60th day before election day. The county
40	41		clerk shall post notice of the election, including the location of
41		-	each polling place, on the county's Internet website, if the county
42		-	maintains a website, as provided by Section 4.003(b).
43		-	SECTION 3. Subchapter A, Chapter 31, Election Code, is
	42	+	each polling place, on the county's Internet website as provided by
	43	+	Section 4.003(b).
	44	+	SECTION 3. Section 31.012(a), Election Code, as effective
	45	+	September 1, 2020, is amended to read as follows:
	46	+	(a) The secretary of state and the voter registrar of each
	47	+	county [that maintains a website] shall provide notice of the
	48	+	identification requirements for voting prescribed by Chapter 63 and
	49	+	that straight ticket voting has been eliminated pursuant to H.B.
	50	+	25, Acts of the 85th Legislature, Regular Session, 2017, on each
	51	+	entity's respective Internet website in each language in which
	52	+	voter registration and election materials are available. The
	53	+	secretary of state shall prescribe the wording of the notice to be
	54	+	included on the Internet websites.
	55	+	SECTION 4. Subchapter A, Chapter 31, Election Code, is
44	56		amended by adding Section 31.016 to read as follows:
45	57		Sec. 31.016. VOTING INFORMATION ON SECRETARY OF STATE'S
46	58		WEBSITE. (a) The secretary of state shall prescribe procedures
47	59		requiring the county officer responsible for administering
48	60		elections to submit contact information of the county election
49	61		office to the secretary of state for inclusion on the secretary of
50	62		state's Internet website, including:
51	63		(1) the street address and zip code;
52	64		(2) the mailing address if different from the address
53	65		provided in Subdivision (1);
54	66		(3) telephone number;
55	67		(4) facsimile number; and
56	68		(5) e-mail address.
57	69		(b) The secretary of state shall prescribe procedures
58	70		requiring each entity designating the location of a polling place,
59	71		including an early voting polling place, to submit information on
60	72		the location to the secretary of state for inclusion on the
61	73		secretary of state's Internet website.
62	74		(c) For each polling place the information submitted must
63	75		include:
64	76		(1) the name of the building in which the polling place
65	77		is located, if available;
66	78		(2) the street address and zip code of the polling
67	79		place; and
68	80		(3) the days and hours of voting at each location.
69	81		(d) The polling information under Subsection (c) shall be
70	82		posted on the secretary of state's Internet website in a
71	83		downloadable format.
72	84		(e) The secretary of state:
73	85		(1) may solicit and accept gifts, grants, and
74	86		donations from any public or private source for the creation and
75	87		maintenance of the Internet website; and
76	88		(2) shall adopt rules as necessary to implement this
77	89		section.
78		-	SECTION 4. Subchapter E, Chapter 31, Election Code, is
	90	+	SECTION 5. Subchapter E, Chapter 31, Election Code, is
79	91		amended by adding Section 31.125 to read as follows:
80	92		Sec. 31.125. COUNTY WEBSITE. (a) The county officer
81	93		responsible for administering elections shall post on the county's
82	94		Internet website contact information for the county election office
83	95		including:
84	96		(1) the street address and zip code;
85	97		(2) the mailing address if different from the address
86	98		provided in Subdivision (1);
87	99		(3) telephone number;
88	100		(4) facsimile number; and
89	101		(5) e-mail address.
90	102		(b) For each polling place located in the county, the county
91	103		shall post on the county's Internet website:
92	104		(1) the name of the building in which the polling place
93	105		is located, if available;
94	106		(2) the street address and zip code of the polling
95	107		place; and
96	108		(3) the days and hours of voting at each location.
97		-	(c) This section applies only to a county that maintains an
98		-	Internet website.
99		-	SECTION 5. Section 32.114(c), Election Code, is amended to
	109	+	SECTION 6. Section 32.114(c), Election Code, is amended to
100	110		read as follows:
101	111		(c) The county clerk shall:
102	112		(1) post a notice of the time and place of each session
103		-	on the county's Internet website, if the county maintains an
104		-	Internet website, and may post the notice on the bulletin board used
105		-	for posting notice of meetings of the commissioners court and shall
106		-	include on the notice a statement that the program is open to the
107		-	public;
108		-	(1-a) post notice of the time and place of each session
109		-	on the bulletin board used for posting notice of meetings of the
110		-	commissioners court, if the county does not maintain an Internet
111		-	website, and shall include on the notice a statement that the
112		-	program is open to the public;
	113	+	on the county's Internet website and may post the notice on the
	114	+	bulletin board used for posting notice of meetings of the
	115	+	commissioners court and shall include on the notice a statement
	116	+	that the program is open to the public;
113	117		(2) notify each presiding judge appointed by the
114	118		commissioners court of the time and place of each session and of the
115	119		duty of each election judge to complete the training program;
116	120		(3) notify the county chair of each political party in
117	121		the county of the time and place of each session; and
118	122		(4) notify the voter registrar of the date, hour, and
119	123		place of each session.
120		-	SECTION 6. Section 42.035(a), Election Code, is amended to
	124	+	SECTION 7. Section 42.035(a), Election Code, is amended to
121	125		read as follows:
122	126		(a) Beginning with the first week following the week in
123	127		which an order changing a county election precinct boundary is
124	128		adopted, the commissioners court shall publish notice of the
125	129		change:
126	130		(1) in a newspaper in the county once a week for three
127	131		consecutive weeks; and
128		-	(2) on the county's Internet website, if the county
129		-	maintains an Internet website, for three consecutive weeks.
130		-	SECTION 7. Section 66.059, Election Code, is amended by
	132	+	(2) on the county's Internet website for three
	133	+	consecutive weeks.
	134	+	SECTION 8. Section 43.061(c), Election Code, is amended to
	135	+	read as follows:
	136	+	(c) Notice required by Subsection (b) must be given by:
	137	+	(1) notifying each candidate whose name appears on the
	138	+	ballot in the election or, in the case of an office filled by voters
	139	+	of more than one county, notifying the county chair or, for an
	140	+	independent candidate, the county judge of the county in which the
	141	+	change occurs; or
	142	+	(2) posting the notice in a listing used specifically
	143	+	to inform the public of changes to the location of a polling place
	144	+	on the [any] Internet website that the county clerk maintains to
	145	+	provide information on elections held in the county.
	146	+	SECTION 9. Section 66.059, Election Code, is amended by
131	147		amending Subsection (b) and adding Subsection (b-1) to read as
132	148		follows:
133	149		(b) If the political subdivision holding the election is not
134		-	a county or is a county that does not maintain an Internet website,
135		-	the [The] district judge shall post a notice of the date, hour, and
136		-	place for opening the box on the bulletin board used for posting
137		-	notices of the meetings of the governing body of the political
138		-	subdivision served by the general custodian of election records.
139		-	The notice must remain posted continuously for the 24 hours
140		-	immediately preceding the hour set for opening the box.
	150	+	a county, the [The] district judge shall post a notice of the date,
	151	+	hour, and place for opening the box on the bulletin board used for
	152	+	posting notices of the meetings of the governing body of the
	153	+	political subdivision served by the general custodian of election
	154	+	records. The notice must remain posted continuously for the 24
	155	+	hours immediately preceding the hour set for opening the box.
141	156		(b-1) If the political subdivision holding the election is a
142		-	county that maintains an Internet website, the district judge shall
143		-	post a notice of the date, hour, and place for opening the box on the
144		-	county's Internet website. The notice must remain posted
145		-	continuously for the 24 hours preceding the hour set for opening the
146		-	box.
147		-	SECTION 8. Section 67.012(b), Election Code, is amended to
	157	+	county, the district judge shall post a notice of the date, hour,
	158	+	and place for opening the box on the county's Internet website. The
	159	+	notice must remain posted continuously for the 24 hours preceding
	160	+	the hour set for opening the box.
	161	+	SECTION 10. Section 67.012(b), Election Code, is amended to
148	162		read as follows:
149	163		(b) The secretary of state shall post, on the secretary of
150	164		state's Internet website [bulletin board used for posting notice of
151	165		meetings of state governmental bodies], a notice of the date, hour,
152	166		and place of the canvass at least 72 hours before the canvass is
153	167		conducted.
154		-	SECTION 9. Section 85.007(c), Election Code, is amended to
	168	+	SECTION 11. Section 85.007(c), Election Code, is amended to
155	169		read as follows:
156	170		(c) Notice under Subsection (b) shall be posted
157	171		continuously for at least 72 hours immediately preceding the first
158	172		hour that the voting to which the notice pertains will be conducted.
159	173		The notice shall be posted on:
160	174		(1) the bulletin board used for posting notice of
161		-	meetings of the commissioners court if the early voting clerk is the
162		-	county clerk of a county that does not maintain an Internet website,
163		-	or of the city governing body if the early voting clerk is the city
164		-	secretary; or
	175	+	meetings of the [commissioners court if the early voting clerk is
	176	+	the county clerk, or of the] city governing body if the early voting
	177	+	clerk is the city secretary; or
165	178		(2) the county's Internet website if the early voting
166		-	clerk is the county clerk of a county that maintains an Internet
167		-	website.
168		-	SECTION 10. Section 85.067(d), Election Code, is amended to
	179	+	clerk is the county clerk.
	180	+	SECTION 12. Section 85.067(d), Election Code, is amended to
169	181		read as follows:
170	182		(d) The schedule shall be posted on:
171	183		(1) the bulletin board used for posting notice of
172	184		meetings of the governing body of the political subdivision served
173	185		by the authority ordering the election or, if the early voting clerk
174		-	is the county clerk of a county that does not maintain an Internet
175		-	website or city secretary, meetings of the commissioners court or
176		-	city governing body, as applicable; or
	186	+	is the [county clerk or] city secretary, meetings of the
	187	+	[commissioners court or] city governing body; or
177	188		(2) the county's Internet website if the early voting
178		-	clerk is the county clerk of a county that maintains an Internet
179		-	website.
180		-	SECTION 11. Section 87.027, Election Code, is amended by
	189	+	clerk is the county clerk [, as applicable].
	190	+	SECTION 13. Section 87.027, Election Code, is amended by
181	191		amending Subsection (k) and adding Subsection (k-1) to read as
182	192		follows:
183	193		(k) Postings required by this section shall be made on the
184	194		bulletin board used for posting notice of meetings of the
185		-	commissioners court ~~of a~~ county ~~that does not maintain an Internet~~
186		-	~~website, in an election for which the county election~~ board is
187		-	~~established or a primary election, or of the governing~~ body of the
188		-	~~political subdivision in other elections.~~
189		-	~~(k-1) If the county maintains an Internet website, postings~~
190		-	required by this section shall be made on the ~~county's Internet~~
191		-	website in an election for which the county ~~election board is~~
192		-	established or a primary election.
193		-	SECTION 12. Section 129.023(b), Election Code, is amended
	195	+	[commissioners court, in an election for which the county election
	196	+	board is established or a primary election, or of the] governing
	197	+	body of the political subdivision in an election other than an
	198	+	election for which the county election board is established or a
	199	+	primary election [other elections].
	200	+	(k-1) Postings required by this section shall be made on the
	201	+	county's Internet website in an election for which the county
	202	+	election board is established or a primary election.
	203	+	SECTION 14. Section 129.023(b), Election Code, is amended
194	204		to read as follows:
195	205		(b) Not later than 48 hours before voting begins on a voting
196	206		system, the general custodian of election records shall conduct a
197	207		logic and accuracy test. Public notice of the test must be published
198		-	on the county's Internet website, if the county maintains an
199		-	Internet website, or on the bulletin board used for posting notice
200		-	of meetings of the commissioners court if the county does not
201		-	maintain an Internet website, at least 48 hours before the test
	208	+	on the county's Internet website at least 48 hours before the test
202	209		begins, and the test must be open to the public.
203		-	SECTION 13. Section 181.006(k), Election Code, is amended
	210	+	SECTION 15. Section 172.113(d), Election Code, is amended
	211	+	to read as follows:
	212	+	(d) The authority shall make periodic announcements of the
	213	+	current state of the tabulation, including by posting the
	214	+	announcements on the Internet website of the county[, if the county
	215	+	maintains a website].
	216	+	SECTION 16. Section 181.006(k), Election Code, is amended
204	217		to read as follows:
205	218		(k) The secretary of state shall post a notice of the
206	219		receipt of a petition on the secretary of state's Internet website
207	220		and may post the notice on a bulletin board used for posting notice
208	221		of meetings of state governmental bodies. Any person may challenge
209	222		the validity of the petition by filing a written statement of the
210	223		challenge with the secretary of state not later than the fifth day
211	224		after the date notice is posted. The secretary of state may verify
212	225		the petition signatures regardless of whether the petition is
213	226		timely challenged.
214		-	SECTION 14. Section 203.012(c), Election Code, is amended
	227	+	SECTION 17. Section 203.012(c), Election Code, is amended
215	228		to read as follows:
216	229		(c) The secretary of state shall post, on the secretary of
217	230		state's Internet website [bulletin board used for posting notice of
218	231		meetings of state governmental bodies], a notice of the date, hour,
219	232		and place of the canvass at least 24 hours before the canvass is
220	233		conducted.
221		-	SECTION 15. Section 274.002(c), Election Code, is amended
	234	+	SECTION 18. Section 274.002(c), Election Code, is amended
222	235		to read as follows:
223	236		(c) The secretary of state shall post on the secretary of
224	237		state's Internet website and may post on a bulletin board for
225	238		posting notice of a meeting of a state governmental body a notice of
226	239		the date, hour, and place of the drawing. The notice must remain
227	240		posted continuously for 72 hours immediately preceding the
228	241		scheduled time of the drawing.
229		-	SECTION 16. (a) Not later than September 1, 2019, the
	242	+	SECTION 19. (a) Not later than September 1, 2019, the
230	243		secretary of state shall post the information as required by
231	244		Section 31.016, Election Code, as added by this Act.
232	245		(b) Not later than October 1, 2019, a county that on
233	246		September 1, 2019, maintains an Internet website shall post
234	247		information as required by Section 31.125, Election Code, as added
235	248		by this Act.
236		-	SECTION 17. This Act takes effect September 1, 2019.
237		-	______________________________ ______________________________
238		-	President of the Senate Speaker of the House
239		-	I certify that H.B. No. 933 was passed by the House on April
240		-	25, 2019, by the following vote: Yeas 135, Nays 1, 2 present, not
241		-	voting; and that the House concurred in Senate amendments to H.B.
242		-	No. 933 on May 23, 2019, by the following vote: Yeas 133, Nays 6, 1
243		-	present, not voting.
244		-	______________________________
245		-	Chief Clerk of the House
246		-	I certify that H.B. No. 933 was passed by the Senate, with
247		-	amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
248		-	0.
249		-	______________________________
250		-	Secretary of the Senate
251		-	APPROVED: __________________
252		-	Date
253		-	__________________
254		-	Governor
	249	+	(c) Not later than March 1, 2020, a county that on September
	250	+	1, 2019, does not maintain an Internet website shall post
	251	+	information as required by Section 31.125, Election Code, as added
	252	+	by this Act.
	253	+	SECTION 20. This Act takes effect September 1, 2019.
	254	+	* * * * *