88R4525 KJE-D
By: Campbell S.B. No. 961
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the board of trustees of a school
district to exclude the use of district buildings as polling places
and to the designation of days a school district campus is used as a
polling place as staff development days.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 11, Education Code, is
amended by adding Section 11.187 to read as follows:
Sec. 11.187. POLICY EXCLUDING USE OF DISTRICT BUILDINGS AS
POLLING PLACES. The board of trustees of an independent school
district may adopt a policy excluding the use of a building owned or
controlled by the district as a polling place under Section 43.031,
Election Code.
SECTION 2. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.0813 to read as follows:
Sec. 25.0813. SCHOOL CAMPUS DESIGNATED AS POLLING PLACE.
If a school campus is selected for use as a polling place under
Section 43.031, Election Code, the school district shall designate
the day the campus serves as a polling place as a staff development
day.
SECTION 3. Section 37.108(e), Education Code, is amended to
read as follows:
(e) A school district shall include in its multihazard
emergency operations plan a policy for school district property
selected for use as a polling place under Section 43.031, Election
Code. In developing the policy under this subsection, the board of
trustees may consult with the local law enforcement agency with
jurisdiction over the school district property selected as a
polling place regarding reasonable security accommodations that
may be made to the property. This subsection may not be interpreted
to require the board of trustees to obtain or contract for the
presence of law enforcement or security personnel for the purpose
of securing a polling place located on school district
property. Failure to comply with this subsection does not affect
the requirement, if applicable, of the board of trustees to make a
school facility available for use as a polling place under Section
43.031, Election Code.
SECTION 4. Section 43.031, Election Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) The building selected for a polling place shall be a
public building if practicable. Except as provided by Subsection
(c-1), the [The] entity that owns or controls a public building
shall make the building available for use as a polling place in any
election that covers territory in which the building is located. If
more than one authority requests the use of the building for the
same day and simultaneous use is impracticable, the entity that
owns or controls the building shall determine which authority may
use the building.
(c-1) If the board of trustees of a school district adopts a
policy excluding the use as a polling place of a building owned or
controlled by the district as provided by Section 11.187, Education
Code, the building may not be designated as a polling place under
this chapter for any election during the period in which the
district's policy is in effect.
SECTION 5. The changes in law made by this Act by adding
Sections 11.187 and 25.0813, Education Code, and by amending
Section 37.108(e), Education Code, apply beginning with the
2023-2024 school year.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.