Texas 2025 - 89th Regular

Texas House Bill HB521 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R21549 PRL-F
2	1		By: Guillen H.B. No. 521
3		-	~~Substitute the following for H.B. No. 521:~~
4		-	~~By: Shaheen C.S.H.B. No. 521~~
	2	+
	3	+
5	4
6	5
7	6		A BILL TO BE ENTITLED
8	7		AN ACT
9		-	relating to accommodating voters with a disability; creating a
10		-	criminal ~~offense~~.
	8	+	relating to accommodating voters with a disability; creating
	9	+	criminal offenses.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12		-	SECTION 1. Section 61.003(a), Election Code, is amended to
13		-	read as follows:
14		-	(a) A person commits an offense if, during the voting period
15		-	and within 100 feet of an outside door through which a voter may
16		-	enter the building in which a polling place is located or within 20
17		-	feet of a parking space designated for curbside voting under
18		-	Section 64.009, the person:
19		-	(1) loiters; or
20		-	(2) electioneers for or against any candidate,
21		-	measure, or political party.
22		-	SECTION 2. Section 64.009, Election Code, is amended by
23		-	amending Subsections (a), (a-1), (f), (g), and (h) and adding
24		-	Subsections (a-3), (a-4), (a-5), (i), and (j) to read as follows:
25		-	(a) Subject to Subsection (a-5), if [If] a voter is
26		-	physically unable to enter the polling place without personal
27		-	assistance or likelihood of injuring the voter's health, on the
28		-	voter's request, an election officer shall deliver a ballot to the
29		-	voter at the polling place entrance or curb.
	11	+	SECTION 1. Section 64.009, Election Code, is amended by
	12	+	amending Subsections (f), (g), and (h) and by adding Subsections
	13	+	(a-3), (b-1), (i) and (j) to read as follows:
	14	+	Sec. 64.009. VOTER UNABLE TO ENTER POLLING PLACE. (a) If a
	15	+	voter is physically unable to enter the polling place without
	16	+	personal assistance or likelihood of injuring the voter's health,
	17	+	on the voter's request, an election officer shall deliver a ballot
	18	+	to the voter at the polling place entrance or curb.
30	19		(a-1) At each polling place an area for parking not smaller
31	20		than the size of one parking space shall be reserved for voting
32	21		under this section. The area may not be designated specifically for
33	22		persons with disabilities. The area must be clearly marked with a
34	23		sign:
35	24		(1) indicating that the space is reserved for use by a
36		-	voter who is unable to enter the polling place; [and]
	25	+	voter who is unable to enter the polling place; and
37	26		(2) displaying, in large font that is clearly readable
38	27		from a vehicle, a telephone number that a voter may call or text to
39		-	request assistance from an election officer at the polling place;
40		-	and
41		-	(3) displaying, in large font that is clearly readable
42		-	from a vehicle, that electioneering is prohibited within 20 feet of
43		-	the parking space.
44		-	(a-3) Before an election officer may deliver a ballot to a
45		-	voter under Subsection (a), the voter must complete and sign a form,
46		-	provided by the election officer, that contains the following
47		-	statement: "I swear (or affirm) under penalty of perjury that I am
48		-	physically unable to enter the polling place without personal
49		-	assistance or likelihood of injuring my health, or I am requesting a
50		-	reasonable accommodation under Section 1.022, Election Code.
51		-	Therefore, I am requesting to vote outside the polling place."
52		-	(a-4) Except as provided by Subchapter B, an election
	28	+	request assistance from an election officer at the polling place.
	29	+	(a-2) As an alternative to displaying a telephone number
	30	+	under Subsection (a-1)(2), a parking space may comply with the
	31	+	requirements of this section by providing the voter with a button or
	32	+	intercom that the voter may use to request assistance from an
	33	+	election officer.
	34	+	(a-3) Except as provided by Subchapter B, an election
53	35		officer who delivers a ballot to the voter at the polling place
54	36		entrance or curb may not provide assistance in marking the ballot.
55		-	(a-5) If four or more election officers are present at the
56		-	polling place, two election officers shall deliver a ballot to the
57		-	voter at the polling place entrance or curb.
	37	+	(b) The regular voting procedures, except those in
	38	+	Subchapter B, may be modified by the election officer to the extent
	39	+	necessary to conduct voting under this section.
	40	+	(b-1) Prior to delivering a ballot to the voter making the
	41	+	request under Subsection (a), the voter shall take the following
	42	+	oath and sign a form acknowledging the oath: "I affirm under penalty
	43	+	of perjury that I am requesting to vote curbside and that I am
	44	+	physically unable to enter the polling place without personal
	45	+	assistance or likelihood of injuring my health."
	46	+	(c) After the voter is accepted for voting, the voter shall
	47	+	mark the ballot and give it to the election officer who shall
	48	+	deposit it in the ballot box.
	49	+	(d) On the voter's request, a person accompanying the voter
	50	+	shall be permitted to select the voter's ballot and deposit the
	51	+	ballot in the ballot box.
	52	+	(e) Except as provided by Section 33.057, a poll watcher is
	53	+	entitled to observe any activity conducted under this section.
58	54		(f) A person who, during the early voting period and on
59	55		election day, [simultaneously] assists seven or more voters voting
60	56		under this section by providing the voters with transportation to
61		-	the polling place must complete and sign a form, provided by an
62		-	election officer, that contains the person's name and address and
63		-	whether the person is providing assistance solely under this
64		-	section or under both this section and Subchapter B.
65		-	(g) A form completed under Subsection (a-3) or (f) shall be
66		-	delivered to the secretary of state as soon as practicable. The
	57	+	polling place must complete and sign a form, provided by an election
	58	+	officer, that contains the person's name and address and whether
	59	+	the person is providing assistance solely under this section or
	60	+	under both this section and Subchapter B.
	61	+	(f-1) Subsection (f) does not apply if the person is related
	62	+	to each voter within the second degree by affinity or the third
	63	+	degree by consanguinity, as determined under Subchapter B, Chapter
	64	+	573, Government Code.
	65	+	(g) A form completed under Subsections (b-1) and (f) shall
	66	+	be delivered to the secretary of state as soon as practicable. The
67	67		secretary shall retain a form delivered under this section for the
68	68		period for preserving the precinct election records and shall make
69	69		the form available to the attorney general for inspection upon
70	70		request.
71		-	(h) The secretary of state shall prescribe the forms and
72		-	process required by this section and adopt rules necessary to
73		-	implement this section [form described by Subsection (f)].
	71	+	(h) The secretary of state shall prescribe the forms
	72	+	described by Subsections (b-1) and (f).
74	73		(i) A person commits an offense if the person knowingly
75		-	fails to complete the form required by ~~Subsection~~ (f).
	74	+	fails to complete the form required by Subsections (b-1) and (f).
76	75		(j) An offense under this section is a Class A misdemeanor.
77		-	SECTION 3. Section 64.0322, Election Code, is amended by
78		-	amending Subsection (a) and adding Subsection (c) to read as
79		-	follows:
80		-	(a) A person[, other than an election officer,] who assists
81		-	a voter in accordance with this chapter is required to complete a
82		-	form stating:
	76	+	SECTION 2. Section 64.0322(a), Election Code, is amended by
	77	+	amending Subsection (a) and adding Subsections (c), (d), and (e) to
	78	+	read as follows:
	79	+	Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
	80	+	person [, other than an election officer,] who assists a voter in
	81	+	accordance with this chapter is required to complete a form
	82	+	stating:
83	83		(1) the name and address of the person assisting the
84	84		voter;
85	85		(2) the relationship to the voter of the person
86		-	assisting the voter; and
	86	+	assisting the voter; [and]
87	87		(3) whether the person assisting the voter received or
88	88		accepted any form of compensation or other benefit from a
89		-	candidate, campaign, or political committee.
90		-	(c) Not later than the 30th day after the date of the
91		-	election, the county clerk shall report to the secretary of state
92		-	information regarding any individual who assisted a total of seven
93		-	or more voters during the early voting period and on election day.
94		-	SECTION 4. Section 85.036(a), Election Code, is amended to
95		-	read as follows:
96		-	(a) During the time an early voting polling place is open
97		-	for the conduct of early voting, a person may not electioneer for or
98		-	against any candidate, measure, or political party:
99		-	(1) in or within 100 feet of an outside door through
100		-	which a voter may enter the building or structure in which the early
101		-	voting polling place is located; or
102		-	(2) within 20 feet of a parking space designated for
103		-	curbside voting under Section 64.009.
104		-	SECTION 5. This Act takes effect September 1, 2025.
	89	+	candidate, campaign, or political committee; and
	90	+	(4) whether the person assisted seven or more voters
	91	+	voting under this subchapter during the early voting period and on
	92	+	election day.
	93	+	(b) The secretary of state shall prescribe the form required
	94	+	by this section. The form must be incorporated into the official
	95	+	carrier envelope if the voter is voting an early voting ballot by
	96	+	mail and receives assistance under Section 86.010, or must be
	97	+	submitted to an election officer at the time the voter casts a
	98	+	ballot if the voter is voting at a polling place or under Section
	99	+	64.009.
	100	+	(c) A form completed under Subsection (a) shall be delivered
	101	+	to the secretary of state as soon as practicable. The secretary of
	102	+	state shall retain a form delivered under this section for the
	103	+	period for preserving the precinct election records and shall make
	104	+	the form available to the attorney general for the inspection upon
	105	+	request.
	106	+	(d) A person commits an offense if the person knowingly
	107	+	fails to complete the form required by this section.
	108	+	(e) An offense under this section is a Class A misdemeanor.
	109	+	SECTION 3. Section 64.036, Election Code, is amended by
	110	+	amending Subsection (d) and adding Subsection (e) to read as
	111	+	follows:
	112	+	Sec. 64.036. UNLAWFUL ASSISTANCE. (a) A person commits an
	113	+	offense if the person knowingly:
	114	+	(1) provides assistance to a voter who is not eligible
	115	+	for assistance;
	116	+	(2) while assisting a voter prepares the voter's
	117	+	ballot in a way other than the way the voter directs or without
	118	+	direction from the voter;
	119	+	(3) while assisting a voter suggests by word, sign, or
	120	+	gesture how the voter should vote; or
	121	+	(4) provides assistance to a voter who has not
	122	+	requested assistance or selected the person to assist the voter.
	123	+	(b) A person commits an offense if the person knowingly
	124	+	assists a voter in violation of Section 64.032(c).
	125	+	(c) An election officer commits an offense if the officer
	126	+	knowingly permits a person to provide assistance:
	127	+	(1) to a voter who is not eligible for assistance; or
	128	+	(2) in violation of Section 64.032(c).
	129	+	(d) An election officer commits an offense if the officer
	130	+	knowingly provides assistance to a voter in violation of Sections
	131	+	64.032(a) or 64.032(b).
	132	+	(e) [(d)] An offense under this section is a Class A
	133	+	misdemeanor.
	134	+	SECTION 4. This Act takes effect September 1, 2025.