Texas 2023 - 88th Regular

Texas House Bill HB296 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R1209 MLH-D
2	2	By: Bucy H.B. No. 296
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to accommodating voters with a disability.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 63.0015, Election Code, is amended by
10	10	amending Subsections (b), (c), and (d) and adding Subsection (f) to
11	11	read as follows:
12	12	(b) An election officer shall [may] accept a person with a
13	13	mobility problem that substantially impairs a person's ability to
14	14	ambulate who is offering to vote before accepting others offering
15	15	to vote at the polling place who arrived before the person.
16	16	(c) Notice of the priority given to persons with a mobility
17	17	problem that substantially impairs a person's ability to ambulate
18	18	shall be posted:
19	19	(1) at [one or more locations in] each entrance to a
20	20	polling place where it can be read by persons waiting to vote;
21	21	(2) on the Internet website of the secretary of state;
22	22	and
23	23	(3) on each Internet website relating to elections
24	24	maintained by a county.
25	25	(d) The notice required by Subsection (c) must read:
26	26	"Pursuant to Section 63.0015, Election Code, an election officer
27	27	shall [may] give voting order priority to individuals with a
28	28	mobility problem that substantially impairs the person's ability to
29	29	move around. A person assisting an individual with a mobility
30	30	problem may also, at the individual's request, be given voting
31	31	order priority. Disabilities and conditions that may qualify you
32	32	for voting order priority include paralysis, lung disease, the use
33	33	of portable oxygen, cardiac deficiency, severe limitation in the
34	34	ability to walk due to arthritic, neurological, or orthopedic
35	35	condition, wheelchair confinement, arthritis, foot disorder, the
36	36	inability to walk 200 feet without stopping to rest, or use of a
37	37	brace, cane, crutch, or other assistive device."
38	38	(f) All procedures and accommodations available for voters
39	39	with disabilities, including voting under Section 64.009, shall be
40	40	posted in an accessible manner on the county clerk's Internet
41	41	website.
42	42	SECTION 2. Section 64.009, Election Code, is amended by
43	43	adding Subsection (a-1) to read as follows:
44	44	(a-1) At each polling place two parking spaces shall be
45	45	reserved for voting under this section. The spaces may not be
46	46	parking spaces designated specifically for persons with
47	47	disabilities. The parking spaces must be clearly marked with a sign
48	48	as being for use by a voter who is unable to enter the polling place.
49	49	The sign must have a telephone number that a voter may call or text
50	50	to request assistance from election officials at the polling place.
51	51	SECTION 3. Subchapter A, Chapter 84, Election Code, is
52	52	amended by adding Section 84.0121 to read as follows:
53	53	Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
54	54	The early voting clerk shall post the official application form for
55	55	an early voting ballot on the clerk's Internet website in a format
56	56	that allows a person to easily complete the application directly on
57	57	the website before printing.
58	58	(b) The early voting clerk may use the application form
59	59	provided by the secretary of state under Section 84.013 or the early
60	60	voting clerk's own application form.
61	61	SECTION 4. Section 84.013, Election Code, is amended to
62	62	read as follows:
63	63	Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
64	64	STATE. (a) The secretary of state shall maintain a supply of the
65	65	official application forms for ballots to be voted by mail and shall
66	66	furnish the forms in reasonable quantities without charge to
67	67	individuals or organizations requesting them for distribution to
68	68	voters.
69	69	(b) The secretary of state shall provide a printable
70	70	application for a ballot by mail in a format that complies with
71	71	Section 84.0121(a) to the early voting clerk for use under that
72	72	section.
73	73	SECTION 5. Section 86.003, Election Code, is amended by
74	74	amending Subsection (a) and adding Subsection (e) to read as
75	75	follows:
76	76	(a) Except as provided by Subsection (e), the [The]
77	77	balloting materials for voting by mail shall be provided to the
78	78	voter by mail. A ballot provided by any other method may not be
79	79	counted.
80	80	(e) If a voter is eligible for early voting by mail on the
81	81	ground of disability, the balloting materials may be provided by
82	82	e-mail in PDF format, through a scanned format, or by any other
83	83	method of electronic transmission authorized by the secretary of
84	84	state in writing. The secretary of state shall adopt procedures to
85	85	implement this subsection.
86	86	SECTION 6. Section 104.004(e), Election Code, is amended to
87	87	read as follows:
88	88	(e) If the voter is physically unable to enter the early
89	89	voting polling place without personal assistance or a likelihood of
90	90	injuring the voter's health, the clerk shall deliver the balloting
91	91	materials to the voter at the polling place entrance or curb
92	92	following the procedures prescribed by Section 64.009.
93	93	SECTION 7. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2023.