H.B. No. 933
AN ACT
relating to posting of election information on the secretary of
state's and each county's Internet website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.003(b), Election Code, is amended to
read as follows:
(b) In addition to any other notice given for an election
under Subsection (a), not later than the 21st day before election
day, a county [the authority responsible for giving notice of the
election] shall post a copy of a [the] notice of the election given
by the county or provided to the county under Section 4.008(a),
which must include the location of each polling place, on the
county's Internet website, if the county maintains a website. An
authority responsible for giving notice of an election may post a
copy of the notice on the bulletin board used for posting notices of
the meetings of the governing body of the political subdivision
that the authority serves. If a county does not maintain a website,
the authority responsible for giving notice of the election shall
post a copy of a notice of the election on the bulletin board used
for posting notices of the meetings of the governing body of the
political subdivision that the authority serves. For each precinct
that is combined to form a consolidated precinct under Section
42.008, not later than the 10th day before election day, the
authority shall also post, at the polling place used in the
preceding general election, notice of the precinct's consolidation
and the location of the polling place in the consolidated precinct.
A notice posted under this subsection must remain posted
continuously through election day.
SECTION 2. Section 4.008(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), the governing body
of a political subdivision, other than a county, that orders an
election shall deliver notice of the election, including the
location of each polling place, to the county clerk and voter
registrar of each county in which the political subdivision is
located not later than the 60th day before election day. The county
clerk shall post notice of the election, including the location of
each polling place, on the county's Internet website, if the county
maintains a website, as provided by Section 4.003(b).
SECTION 3. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.016 to read as follows:
Sec. 31.016. VOTING INFORMATION ON SECRETARY OF STATE'S
WEBSITE. (a) The secretary of state shall prescribe procedures
requiring the county officer responsible for administering
elections to submit contact information of the county election
office to the secretary of state for inclusion on the secretary of
state's Internet website, including:
(1) the street address and zip code;
(2) the mailing address if different from the address
provided in Subdivision (1);
(3) telephone number;
(4) facsimile number; and
(5) e-mail address.
(b) The secretary of state shall prescribe procedures
requiring each entity designating the location of a polling place,
including an early voting polling place, to submit information on
the location to the secretary of state for inclusion on the
secretary of state's Internet website.
(c) For each polling place the information submitted must
include:
(1) the name of the building in which the polling place
is located, if available;
(2) the street address and zip code of the polling
place; and
(3) the days and hours of voting at each location.
(d) The polling information under Subsection (c) shall be
posted on the secretary of state's Internet website in a
downloadable format.
(e) The secretary of state:
(1) may solicit and accept gifts, grants, and
donations from any public or private source for the creation and
maintenance of the Internet website; and
(2) shall adopt rules as necessary to implement this
section.
SECTION 4. Subchapter E, Chapter 31, Election Code, is
amended by adding Section 31.125 to read as follows:
Sec. 31.125. COUNTY WEBSITE. (a) The county officer
responsible for administering elections shall post on the county's
Internet website contact information for the county election office
including:
(1) the street address and zip code;
(2) the mailing address if different from the address
provided in Subdivision (1);
(3) telephone number;
(4) facsimile number; and
(5) e-mail address.
(b) For each polling place located in the county, the county
shall post on the county's Internet website:
(1) the name of the building in which the polling place
is located, if available;
(2) the street address and zip code of the polling
place; and
(3) the days and hours of voting at each location.
(c) This section applies only to a county that maintains an
Internet website.
SECTION 5. Section 32.114(c), Election Code, is amended to
read as follows:
(c) The county clerk shall:
(1) post a notice of the time and place of each session
on the county's Internet website, if the county maintains an
Internet website, and may post the notice on the bulletin board used
for posting notice of meetings of the commissioners court and shall
include on the notice a statement that the program is open to the
public;
(1-a) post notice of the time and place of each session
on the bulletin board used for posting notice of meetings of the
commissioners court, if the county does not maintain an Internet
website, and shall include on the notice a statement that the
program is open to the public;
(2) notify each presiding judge appointed by the
commissioners court of the time and place of each session and of the
duty of each election judge to complete the training program;
(3) notify the county chair of each political party in
the county of the time and place of each session; and
(4) notify the voter registrar of the date, hour, and
place of each session.
SECTION 6. Section 42.035(a), Election Code, is amended to
read as follows:
(a) Beginning with the first week following the week in
which an order changing a county election precinct boundary is
adopted, the commissioners court shall publish notice of the
change:
(1) in a newspaper in the county once a week for three
consecutive weeks; and
(2) on the county's Internet website, if the county
maintains an Internet website, for three consecutive weeks.
SECTION 7. Section 66.059, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) If the political subdivision holding the election is not
a county or is a county that does not maintain an Internet website,
the [The] district judge shall post a notice of the date, hour, and
place for opening the box on the bulletin board used for posting
notices of the meetings of the governing body of the political
subdivision served by the general custodian of election records.
The notice must remain posted continuously for the 24 hours
immediately preceding the hour set for opening the box.
(b-1) If the political subdivision holding the election is a
county that maintains an Internet website, the district judge shall
post a notice of the date, hour, and place for opening the box on the
county's Internet website. The notice must remain posted
continuously for the 24 hours preceding the hour set for opening the
box.
SECTION 8. Section 67.012(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall post, on the secretary of
state's Internet website [bulletin board used for posting notice of
meetings of state governmental bodies], a notice of the date, hour,
and place of the canvass at least 72 hours before the canvass is
conducted.
SECTION 9. Section 85.007(c), Election Code, is amended to
read as follows:
(c) Notice under Subsection (b) shall be posted
continuously for at least 72 hours immediately preceding the first
hour that the voting to which the notice pertains will be conducted.
The notice shall be posted on:
(1) the bulletin board used for posting notice of
meetings of the commissioners court if the early voting clerk is the
county clerk of a county that does not maintain an Internet website,
or of the city governing body if the early voting clerk is the city
secretary; or
(2) the county's Internet website if the early voting
clerk is the county clerk of a county that maintains an Internet
website.
SECTION 10. Section 85.067(d), Election Code, is amended to
read as follows:
(d) The schedule shall be posted on:
(1) the bulletin board used for posting notice of
meetings of the governing body of the political subdivision served
by the authority ordering the election or, if the early voting clerk
is the county clerk of a county that does not maintain an Internet
website or city secretary, meetings of the commissioners court or
city governing body, as applicable; or
(2) the county's Internet website if the early voting
clerk is the county clerk of a county that maintains an Internet
website.
SECTION 11. Section 87.027, Election Code, is amended by
amending Subsection (k) and adding Subsection (k-1) to read as
follows:
(k) Postings required by this section shall be made on the
bulletin board used for posting notice of meetings of the
commissioners court of a county that does not maintain an Internet
website, in an election for which the county election board is
established or a primary election, or of the governing body of the
political subdivision in other elections.
(k-1) If the county maintains an Internet website, postings
required by this section shall be made on the county's Internet
website in an election for which the county election board is
established or a primary election.
SECTION 12. Section 129.023(b), Election Code, is amended
to read as follows:
(b) Not later than 48 hours before voting begins on a voting
system, the general custodian of election records shall conduct a
logic and accuracy test. Public notice of the test must be published
on the county's Internet website, if the county maintains an
Internet website, or on the bulletin board used for posting notice
of meetings of the commissioners court if the county does not
maintain an Internet website, at least 48 hours before the test
begins, and the test must be open to the public.
SECTION 13. Section 181.006(k), Election Code, is amended
to read as follows:
(k) The secretary of state shall post a notice of the
receipt of a petition on the secretary of state's Internet website
and may post the notice on a bulletin board used for posting notice
of meetings of state governmental bodies. Any person may challenge
the validity of the petition by filing a written statement of the
challenge with the secretary of state not later than the fifth day
after the date notice is posted. The secretary of state may verify
the petition signatures regardless of whether the petition is
timely challenged.
SECTION 14. Section 203.012(c), Election Code, is amended
to read as follows:
(c) The secretary of state shall post, on the secretary of
state's Internet website [bulletin board used for posting notice of
meetings of state governmental bodies], a notice of the date, hour,
and place of the canvass at least 24 hours before the canvass is
conducted.
SECTION 15. Section 274.002(c), Election Code, is amended
to read as follows:
(c) The secretary of state shall post on the secretary of
state's Internet website and may post on a bulletin board for
posting notice of a meeting of a state governmental body a notice of
the date, hour, and place of the drawing. The notice must remain
posted continuously for 72 hours immediately preceding the
scheduled time of the drawing.
SECTION 16. (a) Not later than September 1, 2019, the
secretary of state shall post the information as required by
Section 31.016, Election Code, as added by this Act.
(b) Not later than October 1, 2019, a county that on
September 1, 2019, maintains an Internet website shall post
information as required by Section 31.125, Election Code, as added
by this Act.
SECTION 17. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 933 was passed by the House on April
25, 2019, by the following vote: Yeas 135, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 933 on May 23, 2019, by the following vote: Yeas 133, Nays 6, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 933 was passed by the Senate, with
amendments, on May 19, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor