1 | 1 | | 89R10212 JDK-F |
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2 | 2 | | By: Hall S.B. No. 1473 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to early voting by mail on the ground of absence from the |
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10 | 10 | | voter's county of residence. |
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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. Section 84.002(a), Election Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) An early voting ballot application must include: |
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15 | 15 | | (1) the applicant's name and the address at which the |
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16 | 16 | | applicant is registered to vote; |
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17 | 17 | | (1-a) the following information: |
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18 | 18 | | (A) the number of the applicant's driver's |
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19 | 19 | | license, election identification certificate, or personal |
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20 | 20 | | identification card issued by the Department of Public Safety; |
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21 | 21 | | (B) if the applicant has not been issued a number |
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22 | 22 | | described by Paragraph (A), the last four digits of the applicant's |
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23 | 23 | | social security number; or |
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24 | 24 | | (C) a statement by the applicant that the |
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25 | 25 | | applicant has not been issued a number described by Paragraph (A) or |
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26 | 26 | | (B); |
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27 | 27 | | (2) for an application for a ballot to be voted by mail |
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28 | 28 | | on the ground of absence from the county of residence, the address |
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29 | 29 | | [outside the applicant's county of residence] to which the ballot |
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30 | 30 | | is to be mailed under Section 86.003(c); |
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31 | 31 | | (3) for an application for a ballot to be voted by mail |
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32 | 32 | | on the ground of age or disability, the address of the hospital, |
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33 | 33 | | nursing home or other long-term care facility, or retirement |
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34 | 34 | | center, or of a person related to the applicant within the second |
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35 | 35 | | degree by affinity or the third degree by consanguinity, as |
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36 | 36 | | determined under Chapter 573, Government Code, if the applicant is |
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37 | 37 | | living at that address and that address is different from the |
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38 | 38 | | address at which the applicant is registered to vote; |
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39 | 39 | | (4) for an application for a ballot to be voted by mail |
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40 | 40 | | on the ground of confinement in jail, the address of the jail or of a |
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41 | 41 | | person related to the applicant within the degree described by |
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42 | 42 | | Subdivision (3); |
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43 | 43 | | (5) for an application for a ballot to be voted by mail |
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44 | 44 | | on any ground, an indication of each election for which the |
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45 | 45 | | applicant is applying for a ballot; |
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46 | 46 | | (6) an indication of the ground of eligibility for |
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47 | 47 | | early voting; and |
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48 | 48 | | (7) for an application for a ballot to be voted by mail |
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49 | 49 | | on the ground of involuntary civil commitment, the address of the |
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50 | 50 | | facility operated by or under contract with the Texas Civil |
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51 | 51 | | Commitment Office or of a person related to the applicant within the |
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52 | 52 | | degree of consanguinity described by Subdivision (3). |
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53 | 53 | | SECTION 2. Section 84.011(a), Election Code, is amended to |
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54 | 54 | | read as follows: |
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55 | 55 | | (a) The officially prescribed application form for an early |
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56 | 56 | | voting ballot must include: |
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57 | 57 | | (1) immediately preceding the signature space the |
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58 | 58 | | statement: "I certify that the information given in this |
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59 | 59 | | application is true, and I understand that giving false information |
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60 | 60 | | in this application is a crime."; |
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61 | 61 | | (2) a statement informing the applicant of the |
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62 | 62 | | offenses prescribed by Sections 84.003 and 84.004; |
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63 | 63 | | (3) spaces for entering an applicant's voter |
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64 | 64 | | registration number and county election precinct of registration, |
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65 | 65 | | with a statement informing the applicant that failure to furnish |
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66 | 66 | | that information does not invalidate the application; |
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67 | 67 | | (3-a) a space for entering the information required |
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68 | 68 | | under Section 84.002(a)(1-a); and |
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69 | 69 | | (4) on an application for a ballot to be voted by mail: |
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70 | 70 | | (A) a space for an applicant applying on the |
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71 | 71 | | ground of absence from the county of residence to indicate the date |
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72 | 72 | | on or after which the applicant can receive mail at the address |
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73 | 73 | | listed on the applicant's application for a ballot to be voted by |
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74 | 74 | | mail [outside the county]; |
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75 | 75 | | (B) a space for indicating the fact that an |
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76 | 76 | | applicant whose application is signed by a witness cannot make the |
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77 | 77 | | applicant's mark and a space for indicating the relationship or |
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78 | 78 | | lack of relationship of the witness to the applicant; |
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79 | 79 | | (C) a space for entering an applicant's telephone |
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80 | 80 | | number, with: |
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81 | 81 | | (i) a statement informing the applicant |
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82 | 82 | | that failure to furnish that information does not invalidate the |
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83 | 83 | | application; and |
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84 | 84 | | (ii) a statement prescribed by the |
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85 | 85 | | secretary of state explaining the benefits of furnishing that |
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86 | 86 | | information, including how that information assists the early |
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87 | 87 | | voting clerk; |
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88 | 88 | | (D) a space or box for an applicant applying on |
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89 | 89 | | the ground of age or disability to indicate that the address to |
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90 | 90 | | which the ballot is to be mailed is the address of a facility or |
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91 | 91 | | relative described by Section 84.002(a)(3), if applicable; |
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92 | 92 | | (E) a space or box for an applicant applying on |
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93 | 93 | | the ground of confinement in jail or involuntary civil commitment |
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94 | 94 | | to indicate that the address to which the ballot is to be mailed is |
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95 | 95 | | the address of a relative described by Section 84.002(a)(4) or (7), |
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96 | 96 | | if applicable; |
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97 | 97 | | (F) a space for an applicant applying on the |
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98 | 98 | | ground of age or disability to indicate if the application is an |
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99 | 99 | | application under Section 86.0015; |
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100 | 100 | | (G) spaces for entering the signature, printed |
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101 | 101 | | name, and residence address of any person assisting the applicant; |
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102 | 102 | | (H) a statement informing the applicant of the |
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103 | 103 | | condition prescribed by Section 81.005; and |
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104 | 104 | | (I) a statement informing the applicant of the |
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105 | 105 | | requirement prescribed by Section 86.003(c). |
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106 | 106 | | SECTION 3. Section 86.003(c), Election Code, is amended to |
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107 | 107 | | read as follows: |
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108 | 108 | | (c) The address to which the balloting materials must be |
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109 | 109 | | addressed is the address at which the voter is registered to vote, |
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110 | 110 | | or the registered mailing address if different, unless the ground |
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111 | 111 | | for voting by mail is: |
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112 | 112 | | (1) absence from the county of residence, in which |
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113 | 113 | | case the address may [must] be an address outside the voter's county |
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114 | 114 | | of residence; |
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115 | 115 | | (2) confinement in jail, in which case the address |
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116 | 116 | | must be the address of the jail or of a relative described by |
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117 | 117 | | Section 84.002(a)(4); |
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118 | 118 | | (3) age or disability and the voter is living at a |
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119 | 119 | | hospital, nursing home or other long-term care facility, or |
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120 | 120 | | retirement center, or with a relative described by Section |
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121 | 121 | | 84.002(a)(3), in which case the address must be the address of that |
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122 | 122 | | facility or relative; or |
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123 | 123 | | (4) involuntary civil commitment, in which case the |
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124 | 124 | | address must be the address of the facility or of a relative |
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125 | 125 | | described by Section 84.002(a)(7). |
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126 | 126 | | SECTION 4. Section 87.041(b), Election Code, is amended to |
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127 | 127 | | read as follows: |
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128 | 128 | | (b) A ballot may be accepted only if: |
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129 | 129 | | (1) the carrier envelope certificate is properly |
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130 | 130 | | executed; |
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131 | 131 | | (2) neither the voter's signature on the ballot |
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132 | 132 | | application nor the signature on the carrier envelope certificate |
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133 | 133 | | is determined to have been executed by a person other than the |
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134 | 134 | | voter, unless signed by a witness; |
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135 | 135 | | (3) the voter's ballot application states a legal |
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136 | 136 | | ground for early voting by mail; |
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137 | 137 | | (4) the voter is registered to vote, if registration |
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138 | 138 | | is required by law; |
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139 | 139 | | (5) for a ballot [the address to which the ballot was] |
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140 | 140 | | mailed to the voter for[, as indicated by the application, was |
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141 | 141 | | outside the voter's county of residence, if the ground for] early |
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142 | 142 | | voting on the ground of [is] absence from the county of residence, |
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143 | 143 | | the address to which the ballot was mailed to the voter was: |
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144 | 144 | | (A) the address at which the voter is registered |
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145 | 145 | | to vote; |
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146 | 146 | | (B) the voter's registered mailing address, if |
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147 | 147 | | different from the address in Paragraph (A); or |
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148 | 148 | | (C) an address outside the voter's county of |
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149 | 149 | | residence; |
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150 | 150 | | (6) for a voter to whom a statement of residence form |
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151 | 151 | | was required to be sent under Section 86.002(a), the statement of |
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152 | 152 | | residence is returned in the carrier envelope and indicates that |
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153 | 153 | | the voter satisfies the residence requirements prescribed by |
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154 | 154 | | Section 63.0011; |
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155 | 155 | | (7) the address to which the ballot was mailed to the |
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156 | 156 | | voter is an address that is otherwise required by Sections 84.002 |
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157 | 157 | | and 86.003; and |
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158 | 158 | | (8) the information required under Section 86.002(g) |
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159 | 159 | | provided by the voter identifies the same voter identified on the |
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160 | 160 | | voter's application for voter registration under Section |
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161 | 161 | | 13.002(c)(8). |
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162 | 162 | | SECTION 5. The changes in law made by this Act apply only to |
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163 | 163 | | an election ordered on or after the effective date of this Act. |
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164 | 164 | | SECTION 6. This Act takes effect immediately if it receives |
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165 | 165 | | a vote of two-thirds of all the members elected to each house, as |
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166 | 166 | | provided by Section 39, Article III, Texas Constitution. If this |
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167 | 167 | | Act does not receive the vote necessary for immediate effect, this |
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168 | 168 | | Act takes effect September 1, 2025. |
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