Texas 2025 - 89th Regular

Texas Senate Bill SB1982 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R13576 MLH-D
2	2	By: Hall S.B. No. 1982
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the location of polling places during early voting and
10	10	on election day.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 1.005, Election Code, is amended by
13	13	adding Subdivision (21-a) to read as follows:
14	14	(21-a) "Voting center" means a polling place created
15	15	under Section 42.0052.
16	16	SECTION 2. Section 4.003(b), Election Code, is amended to
17	17	read as follows:
18	18	(b) In addition to any other notice given for an election
19	19	under Subsection (a), not later than the 21st day before election
20	20	day, a county shall post a copy of a notice of the election given by
21	21	the county or provided to the county under Section 4.008(a), which
22	22	must include the location of each polling place, on the county's
23	23	Internet website, if the county maintains a website. For each
24	24	voting center created under Section 42.0052, the notice must
25	25	include the location of the voting center and the precincts
26	26	assigned to that voting center. An authority responsible for
27	27	giving notice of an election may post a copy of the notice on the
28	28	bulletin board used for posting notices of the meetings of the
29	29	governing body of the political subdivision that the authority
30	30	serves. If a county does not maintain a website, the authority
31	31	responsible for giving notice of the election shall post a copy of a
32	32	notice of the election on the bulletin board used for posting
33	33	notices of the meetings of the governing body of the political
34	34	subdivision that the authority serves. [For each precinct that is
35	35	combined to form a consolidated precinct under Section 42.008, not
36	36	later than the 10th day before election day, the authority shall
37	37	also post, at the polling place used in the preceding general
38	38	election, notice of the precinct's consolidation and the location
39	39	of the polling place in the consolidated precinct.] A notice
40	40	posted under this subsection must remain posted continuously
41	41	through election day.
42	42	SECTION 3. Section 4.004(d), Election Code, is amended to
43	43	read as follows:
44	44	(d) If precincts are assigned to a voting center
45	45	[consolidated] under Section 42.0052 [42.008], the notice must
46	46	state which precincts have been assigned [combined] to [form] each
47	47	voting center [consolidated precinct] in addition to the locations
48	48	of the voting centers [polling places in the consolidated
49	49	precincts].
50	50	SECTION 4. Sections 31.014(a) and (c), Election Code, are
51	51	amended to read as follows:
52	52	(a) The secretary of state shall prescribe specific
53	53	requirements and standards, consistent with this code, for the
54	54	certification of an electronic device used to accept voters under
55	55	Chapter 63 that require the device to:
56	56	(1) produce an electronic copy of the list of voters
57	57	who were accepted to vote for delivery to the election judge after
58	58	the polls close;
59	59	(2) display the voter's original signature in
60	60	accordance with Section 63.002;
61	61	(3) accept a voter for voting even when the device is
62	62	off-line;
63	63	(4) provide the full list of voters registered in the
64	64	county with an indication of the jurisdictional or distinguishing
65	65	number for each territorial unit in which each voter resides;
66	66	(5) time-stamp when each voter is accepted at a
67	67	polling place, including the voter's unique identifier;
68	68	(6) if the county [participates in the countywide
69	69	polling place program under Section 43.007 or] has more than one
70	70	early voting polling place, transmit a time stamp when each voter is
71	71	accepted, including the voter's unique identifier, to all polling
72	72	place locations;
73	73	(7) time-stamp the receipt of a transmission under
74	74	Subdivision (6); and
75	75	(8) produce in an electronic format compatible with
76	76	the statewide voter registration list under Section 18.061 data for
77	77	retention and transfer that includes:
78	78	(A) the polling location in which the device was
79	79	used;
80	80	(B) the dated time stamp under Subdivision (5);
81	81	and
82	82	(C) the dated time stamp under Subdivision (7).
83	83	(c) The secretary of state shall adopt rules that require a
84	84	device described by this section used during the early voting
85	85	period [or under the countywide polling place program under Section
86	86	43.007] to update data in real time. If a county uses a device that
87	87	does not comply with the rule in two consecutive general elections
88	88	for state and county officers, the secretary of state shall assess a
89	89	noncompliance fee. The noncompliance fee shall be set at an amount
90	90	determined by secretary of state rule.
91	91	SECTION 5. Section 32.003, Election Code, is amended to
92	92	read as follows:
93	93	Sec. 32.003. JUDGES FOR VOTING CENTER [CONSOLIDATED COUNTY
94	94	ELECTION PRECINCTS]. If election precincts are assigned to a
95	95	voting center [consolidated in a special election in which the
96	96	regular county election precincts are required to be used], the
97	97	commissioners court shall appoint the election judges to serve in
98	98	each voting center [consolidated precinct] from among the judges
99	99	appointed for the precincts assigned to the voting center
100	100	[comprising the consolidated precinct].
101	101	SECTION 6. Section 32.0511(d), Election Code, is amended to
102	102	read as follows:
103	103	(d) Not more than two student election clerks may serve at a
104	104	polling place[, except that not more than four student election
105	105	clerks may serve at any countywide polling place].
106	106	SECTION 7. Section 42.002(b), Election Code, is amended to
107	107	read as follows:
108	108	(b) Except as provided by Section 42.0052 [Sections 42.008
109	109	and 42.009], county election precincts may not be combined or
110	110	consolidated for an election.
111	111	SECTION 8. Section 42.005(a), Election Code, is amended to
112	112	read as follows:
113	113	(a) A county election precinct[, including a consolidated
114	114	precinct,] may not contain territory from more than one of each of
115	115	the following types of territorial units:
116	116	(1) a commissioners precinct;
117	117	(2) a justice precinct;
118	118	(3) a congressional district;
119	119	(4) a state representative district;
120	120	(5) a state senatorial district; or
121	121	(6) a State Board of Education district.
122	122	SECTION 9. Subchapter A, Chapter 42, Election Code, is
123	123	amended by adding Section 42.0052 to read as follows:
124	124	Sec. 42.0052. VOTING CENTERS. (a) The commissioners court
125	125	may create one or more voting centers in the county. Except as
126	126	provided by this section, a voting center is a polling place and is
127	127	subject to all laws applicable to a polling place.
128	128	(b) The commissioners court may assign one or more election
129	129	precincts to a voting center. A precinct that is assigned to a
130	130	voting center may not operate a separate polling place for the
131	131	precinct.
132	132	(c) Election precincts assigned to a voting center may not
133	133	serve a total of more than 5,000 registered voters.
134	134	(d) If the commissioners court creates more than one voting
135	135	center, the number of voters served by the smallest voting center in
136	136	the county may not be less than 95 percent of the number of voters
137	137	served by the largest voting center in the county.
138	138	SECTION 10. Section 42.006(a), Election Code, is amended to
139	139	read as follows:
140	140	(a) A [Except as provided by this section and Section
141	141	42.0051, a] county election precinct must contain at least 100 but
142	142	not more than 5,000 registered voters.
143	143	SECTION 11. Section 43.002(b), Election Code, is amended to
144	144	read as follows:
145	145	(b) If county election precincts are assigned to a voting
146	146	center under Section 42.0052 [consolidated], the commissioners
147	147	court shall designate the location of the voting center [polling
148	148	place for the consolidated precinct].
149	149	SECTION 12. Section 43.003, Election Code, is amended to
150	150	read as follows:
151	151	Sec. 43.003. DESIGNATION OF LOCATION: PRIMARY ELECTION.
152	152	The county chair of a political party holding a primary election
153	153	shall designate the location of the polling place for each election
154	154	precinct in the primary unless the precinct is one that is assigned
155	155	to a voting center under Section 42.0052 [consolidated]. In that
156	156	case, the county executive committee shall designate the location
157	157	of the voting center.
158	158	SECTION 13. Section 85.061(b), Election Code, is amended to
159	159	read as follows:
160	160	(b) The [In an election in which a temporary branch polling
161	161	place is established under Section 85.062(a)(1) or (d), the]
162	162	commissioners court may provide by resolution, order, or other
163	163	official action that any one or more of the county clerk's regularly
164	164	maintained branch clerical offices are not to be branch early
165	165	voting polling places in the election.
166	166	SECTION 14. Section 85.062(a), Election Code, is amended to
167	167	read as follows:
168	168	(a) Early [Except as provided by Subsection (d) or (e), one
169	169	or more early] voting polling places other than the main early
170	170	voting polling place shall [may] be established at each location
171	171	where voting will take place on election day by:
172	172	(1) the commissioners court, for an election in which
173	173	the county clerk is the early voting clerk; or
174	174	(2) the governing body of the political subdivision
175	175	served by the authority ordering the election, for an election in
176	176	which a person other than the county clerk is the early voting
177	177	clerk.
178	178	SECTION 15. Section 172.1112(a), Election Code, is amended
179	179	to read as follows:
180	180	(a) The county clerk shall post a notice of the election and
181	181	a notice of voting center locations [consolidated precincts], if
182	182	applicable, in the manner prescribed by Section 4.003(b) for
183	183	general and special elections. The notice of the election shall be
184	184	posted on the county's Internet website, if the county maintains a
185	185	website. If the county does not maintain a website, the notice
186	186	shall be posted on the bulletin board used for posting notice of
187	187	meetings of the commissioners court.
188	188	SECTION 16. Sections 172.126(b) and (c), Election Code, are
189	189	amended to read as follows:
190	190	(b) The county clerk shall determine whether to assign
191	191	[consolidate] election precincts to a voting center under Section
192	192	42.0052 [42.009] and shall designate the location of the voting
193	193	center [polling place in a consolidated precinct]. To the extent
194	194	possible, a polling place shall be designated that will accommodate
195	195	the precinct conventions of each political party. If a polling
196	196	place or voting center[, whether for a regular or consolidated
197	197	precinct,] is not suitable for more than one precinct convention,
198	198	the polling place may be used by the party whose candidate for
199	199	governor received the most votes in the county in the most recent
200	200	gubernatorial general election.
201	201	(c) One set of election officers shall conduct the primary
202	202	elections at each polling place. Not later than the second Monday
203	203	in December preceding the primary elections, each county chair
204	204	shall deliver to the county clerk a list of the names of the
205	205	election judges and clerks for that party. The presiding judge of
206	206	each party, or alternate judge if applicable, serves as a co-judge
207	207	for the precinct. If an eligible presiding co-judge and alternate
208	208	co-judge cannot be found to serve for a particular party in a
209	209	precinct, a joint primary may not be conducted in that precinct, and
210	210	that precinct must be assigned to a voting center [consolidated
211	211	with another precinct] that has an eligible presiding co-judge and
212	212	alternate co-judge to serve for each party. The county clerk shall
213	213	appoint the election clerks in accordance with rules prescribed by
214	214	the secretary of state. The secretary of state shall prescribe the
215	215	maximum number of clerks that may be appointed for each precinct.
216	216	The early voting ballot board and any central counting station
217	217	shall also be composed of and administered by one set of election
218	218	officers that provides representation for each party, and the
219	219	secretary of state by rule shall prescribe procedures consistent
220	220	with this subsection for the appointment of those officers.
221	221	SECTION 17. Section 172.128(c), Election Code, is amended
222	222	to read as follows:
223	223	(c) The county clerk may assign [combine] voting precincts
224	224	for an election held under this section to voting centers to the
225	225	extent necessary to adequately serve the voters.
226	226	SECTION 18. Section 173.007(c), Election Code, is amended
227	227	to read as follows:
228	228	(c) Rules adopted under this section do not limit a
229	229	political party's authority under this code to assign [consolidate]
230	230	election precincts to a voting center for a primary election.
231	231	SECTION 19. Section 173.081(f), Election Code, is amended
232	232	to read as follows:
233	233	(f) A statement submitted by a county chair must also
234	234	include a notice of the county election precincts to be assigned to
235	235	a voting center [consolidated] for the election, if any.
236	236	SECTION 20. The following provisions of the Election Code
237	237	are repealed:
238	238	(1) Section 4.003(e);
239	239	(2) Section 32.002(c-1);
240	240	(3) Section 42.0051;
241	241	(4) Section 42.008;
242	242	(5) Section 42.009;
243	243	(6) Section 43.004(c);
244	244	(7) Section 43.007;
245	245	(8) Sections 85.062(b), (d), (f), and (f-1);
246	246	(9) Section 85.064(d); and
247	247	(10) Section 85.066.
248	248	SECTION 21. This Act applies only to an election ordered on
249	249	or after the effective date of this Act.
250	250	SECTION 22. This Act takes effect September 1, 2025.