Texas 2023 - 88th Regular

Texas Senate Bill SB477 Compare Versions

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11 S.B. No. 477
22
33
44 AN ACT
55 relating to accommodating voters with a disability.
66 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
77 SECTION 1. Section 63.0015, Election Code, is amended by
88 amending Subsections (b), (c), and (d) and adding Subsection (f) to
99 read as follows:
1010 (b) An election officer shall [may] accept a person with a
1111 mobility problem that substantially impairs a person's ability to
1212 ambulate who is offering to vote before accepting others offering
1313 to vote at the polling place who arrived before the person.
1414 (c) Notice of the priority given to persons with a mobility
1515 problem that substantially impairs a person's ability to ambulate
1616 shall be posted:
1717 (1) at [one or more locations in] each entrance to a
1818 polling place where it can be read by persons waiting to vote;
1919 (2) on the Internet website of the secretary of state;
2020 and
2121 (3) on each Internet website relating to elections
2222 maintained by a county.
2323 (d) The notice required by Subsection (c) must read:
2424 "Pursuant to Section 63.0015, Election Code, an election officer
2525 shall [may] give voting order priority to individuals with a
2626 mobility problem that substantially impairs the person's ability to
2727 move around. A person assisting an individual with a mobility
2828 problem may also, at the individual's request, be given voting
2929 order priority. Disabilities and conditions that may qualify you
3030 for voting order priority include paralysis, lung disease, the use
3131 of portable oxygen, cardiac deficiency, severe limitation in the
3232 ability to walk due to arthritic, neurological, or orthopedic
3333 condition, wheelchair confinement, arthritis, foot disorder, the
3434 inability to walk 200 feet without stopping to rest, or use of a
3535 brace, cane, crutch, or other assistive device."
3636 (f) All procedures and accommodations available for voters
3737 with disabilities, including voting under Section 64.009, shall be
3838 posted in an accessible manner on the county clerk's Internet
3939 website.
4040 SECTION 2. Section 64.009, Election Code, is amended by
4141 adding Subsections (a-1) and (a-2) to read as follows:
4242 (a-1) At each polling place an area for parking not smaller
4343 than the size of one parking space shall be reserved for voting
4444 under this section. The area may not be designated specifically for
4545 persons with disabilities. The area must be clearly marked with a
4646 sign:
4747 (1) indicating that the space is reserved for use by a
4848 voter who is unable to enter the polling place; and
4949 (2) displaying, in large font that is clearly readable
5050 from a vehicle, a telephone number that a voter may call or text to
5151 request assistance from an election officer at the polling place.
5252 (a-2) As an alternative to displaying a telephone number
5353 under Subsection (a-1)(2), a parking space may comply with the
5454 requirements of this section by providing the voter with a button or
5555 intercom that the voter may use to request assistance from an
5656 election officer.
5757 SECTION 3. Subchapter A, Chapter 84, Election Code, is
5858 amended by adding Section 84.0121 to read as follows:
5959 Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
6060 The early voting clerk shall post the official application form for
6161 an early voting ballot on the clerk's Internet website, if the clerk
6262 maintains an Internet website, in a format that allows a person to
6363 easily complete the application directly on the website before
6464 printing.
6565 (b) The early voting clerk may use the application form
6666 provided by the secretary of state under Section 84.013 or the early
6767 voting clerk's own application form.
6868 SECTION 4. Section 84.013, Election Code, is amended to
6969 read as follows:
7070 Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
7171 STATE. (a) The secretary of state shall maintain a supply of the
7272 official application forms for ballots to be voted by mail and shall
7373 furnish the forms in reasonable quantities without charge to
7474 individuals or organizations requesting them for distribution to
7575 voters.
7676 (b) The secretary of state shall provide a printable
7777 application for a ballot by mail in a format that complies with
7878 Section 84.0121(a) to the early voting clerk for use under that
7979 section.
8080 SECTION 5. Section 104.004(e), Election Code, is amended to
8181 read as follows:
8282 (e) If the voter is physically unable to enter the early
8383 voting polling place without personal assistance or a likelihood of
8484 injuring the voter's health, the clerk shall deliver the balloting
8585 materials to the voter at the polling place entrance or curb
8686 following the procedures prescribed by Section 64.009.
8787 SECTION 6. This Act takes effect immediately if it receives
8888 a vote of two-thirds of all the members elected to each house, as
8989 provided by Section 39, Article III, Texas Constitution. If this
9090 Act does not receive the vote necessary for immediate effect, this
9191 Act takes effect September 1, 2023.
9292 ______________________________ ______________________________
9393 President of the Senate Speaker of the House
9494 I hereby certify that S.B. No. 477 passed the Senate on
9595 April 12, 2023, by the following vote: Yeas 29, Nays 2; and that
9696 the Senate concurred in House amendments on May 25, 2023, by the
9797 following vote: Yeas 29, Nays 2.
9898 ______________________________
9999 Secretary of the Senate
100100 I hereby certify that S.B. No. 477 passed the House, with
101101 amendments, on May 23, 2023, by the following vote: Yeas 109,
102102 Nays 25, four present not voting.
103103 ______________________________
104104 Chief Clerk of the House
105105 Approved:
106106 ______________________________
107107 Date
108108 ______________________________
109109 Governor