| 1 | 1 | | 88R2864 SGM-D |
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| 2 | 2 | | By: Paxton S.B. No. 808 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the use of public schools as polling place locations. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 43.031, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (c) and adding Subsection (f) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (c) The building selected for a polling place shall be a |
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| 13 | 13 | | public building if practicable. Except as provided by Subsection |
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| 14 | 14 | | (f), the [The] entity that owns or controls a public building shall |
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| 15 | 15 | | make the building available for use as a polling place in any |
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| 16 | 16 | | election that covers territory in which the building is located. If |
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| 17 | 17 | | more than one authority requests the use of the building for the |
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| 18 | 18 | | same day and simultaneous use is impracticable, the entity that |
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| 19 | 19 | | owns or controls the building shall determine which authority may |
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| 20 | 20 | | use the building. |
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| 21 | 21 | | (f) If the public building selected for a polling place |
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| 22 | 22 | | under this section is located on a school campus and the board of |
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| 23 | 23 | | trustees of the school district determines that the use of that |
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| 24 | 24 | | building during school hours would conflict with an applicable |
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| 25 | 25 | | campus security policy, the board is not required to make the |
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| 26 | 26 | | building available for use as a polling place. |
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| 27 | 27 | | SECTION 2. The changes in law made by this Act apply |
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| 28 | 28 | | beginning with the 2023-2024 school year. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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