| 1 | 1 | | 88R4525 KJE-D |
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| 2 | 2 | | By: Campbell S.B. No. 961 |
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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 authority of the board of trustees of a school |
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| 8 | 8 | | district to exclude the use of district buildings as polling places |
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| 9 | 9 | | and to the designation of days a school district campus is used as a |
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| 10 | 10 | | polling place as staff development days. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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| 13 | 13 | | amended by adding Section 11.187 to read as follows: |
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| 14 | 14 | | Sec. 11.187. POLICY EXCLUDING USE OF DISTRICT BUILDINGS AS |
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| 15 | 15 | | POLLING PLACES. The board of trustees of an independent school |
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| 16 | 16 | | district may adopt a policy excluding the use of a building owned or |
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| 17 | 17 | | controlled by the district as a polling place under Section 43.031, |
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| 18 | 18 | | Election Code. |
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| 19 | 19 | | SECTION 2. Subchapter C, Chapter 25, Education Code, is |
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| 20 | 20 | | amended by adding Section 25.0813 to read as follows: |
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| 21 | 21 | | Sec. 25.0813. SCHOOL CAMPUS DESIGNATED AS POLLING PLACE. |
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| 22 | 22 | | If a school campus is selected for use as a polling place under |
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| 23 | 23 | | Section 43.031, Election Code, the school district shall designate |
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| 24 | 24 | | the day the campus serves as a polling place as a staff development |
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| 25 | 25 | | day. |
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| 26 | 26 | | SECTION 3. Section 37.108(e), Education Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | (e) A school district shall include in its multihazard |
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| 29 | 29 | | emergency operations plan a policy for school district property |
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| 30 | 30 | | selected for use as a polling place under Section 43.031, Election |
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| 31 | 31 | | Code. In developing the policy under this subsection, the board of |
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| 32 | 32 | | trustees may consult with the local law enforcement agency with |
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| 33 | 33 | | jurisdiction over the school district property selected as a |
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| 34 | 34 | | polling place regarding reasonable security accommodations that |
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| 35 | 35 | | may be made to the property. This subsection may not be interpreted |
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| 36 | 36 | | to require the board of trustees to obtain or contract for the |
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| 37 | 37 | | presence of law enforcement or security personnel for the purpose |
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| 38 | 38 | | of securing a polling place located on school district |
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| 39 | 39 | | property. Failure to comply with this subsection does not affect |
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| 40 | 40 | | the requirement, if applicable, of the board of trustees to make a |
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| 41 | 41 | | school facility available for use as a polling place under Section |
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| 42 | 42 | | 43.031, Election Code. |
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| 43 | 43 | | SECTION 4. Section 43.031, Election Code, is amended by |
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| 44 | 44 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 45 | 45 | | follows: |
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| 46 | 46 | | (c) The building selected for a polling place shall be a |
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| 47 | 47 | | public building if practicable. Except as provided by Subsection |
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| 48 | 48 | | (c-1), the [The] entity that owns or controls a public building |
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| 49 | 49 | | shall make the building available for use as a polling place in any |
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| 50 | 50 | | election that covers territory in which the building is located. If |
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| 51 | 51 | | more than one authority requests the use of the building for the |
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| 52 | 52 | | same day and simultaneous use is impracticable, the entity that |
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| 53 | 53 | | owns or controls the building shall determine which authority may |
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| 54 | 54 | | use the building. |
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| 55 | 55 | | (c-1) If the board of trustees of a school district adopts a |
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| 56 | 56 | | policy excluding the use as a polling place of a building owned or |
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| 57 | 57 | | controlled by the district as provided by Section 11.187, Education |
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| 58 | 58 | | Code, the building may not be designated as a polling place under |
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| 59 | 59 | | this chapter for any election during the period in which the |
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| 60 | 60 | | district's policy is in effect. |
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| 61 | 61 | | SECTION 5. The changes in law made by this Act by adding |
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| 62 | 62 | | Sections 11.187 and 25.0813, Education Code, and by amending |
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| 63 | 63 | | Section 37.108(e), Education Code, apply beginning with the |
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| 64 | 64 | | 2023-2024 school year. |
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| 65 | 65 | | SECTION 6. This Act takes effect immediately if it receives |
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| 66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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| 67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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| 69 | 69 | | Act takes effect September 1, 2023. |
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