Bill Text: TX HB2194 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain election practices and procedures; providing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2194 Detail]
Download: Texas-2011-HB2194-Comm_Sub.html
Bill Title: Relating to certain election practices and procedures; providing a penalty.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - See remarks for effective date [HB2194 Detail]
Download: Texas-2011-HB2194-Comm_Sub.html
82R19223 JRJ-D | |||
By: Taylor of Galveston | H.B. No. 2194 | ||
Substitute the following for H.B. No. 2194: | |||
By: King of Parker | C.S.H.B. No. 2194 |
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relating to the conduct and administration of elections. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 32, Election Code, is | ||
amended by adding Section 32.076 to read as follows: | ||
Sec. 32.076. OBSERVING VOTER ASSISTANCE. (a) The | ||
presiding judge or alternate presiding judge may observe assistance | ||
being provided to a voter to ensure compliance with the oath taken | ||
under Section 64.034 and that Section 64.036(a) is not being | ||
violated if the judge has reason to believe that a person assisting | ||
a voter under Section 64.032(c) is violating Section 64.036(a) or | ||
the oath taken under Section 64.034. | ||
(b) Two election officers affiliated or aligned with | ||
different political parties, or two election officers affiliated or | ||
aligned with the same party if there are not two or more election | ||
officers serving the polling place who are aligned with different | ||
parties, shall observe the assistance provided to a voter to ensure | ||
that the person assisting the voter complies with the oath taken | ||
under Section 64.034 and does not violate Section 64.036(a) if: | ||
(1) a watcher appointed under Chapter 33 requests the | ||
observation under Section 33.057(c); and | ||
(2) the election officers agree that there is a | ||
reasonable basis for the poll watcher's belief. | ||
(c) An election officer may not observe assistance being | ||
provided to a voter as permitted under this section in a manner that | ||
violates the secrecy of the voter's ballot. | ||
SECTION 2. Section 33.057, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A watcher may request under Section 32.076(b) that two | ||
election officers observe the assistance provided to a voter to | ||
ensure that the person assisting the voter complies with the oath | ||
taken under Section 64.034 and does not violate Section 64.036(a) | ||
if the watcher has reason to believe that a person assisting a voter | ||
under Section 64.032(c) is violating Section 64.036(a) or the oath | ||
taken under Section 64.034. | ||
SECTION 3. Section 43.007, Election Code, is amended by | ||
adding Subsections (k) and (l) to read as follows: | ||
(k) Each county that previously participated in a program | ||
under this section is authorized to continue participation in the | ||
program for future elections described by Subsection (a) if: | ||
(1) the commissioners court of the county approves | ||
participation in the program; and | ||
(2) the secretary of state determines the county's | ||
participation in the program was successful. | ||
(l) Subsections (b), (c), and (d) do not apply to a county | ||
participating in the program under Subsection (k). | ||
SECTION 4. Subchapter E, Chapter 127, Election Code, is | ||
amended by adding Section 127.1311 to read as follows: | ||
Sec. 127.1311. ANNOUNCING UNOFFICIAL RESULTS. (a) Except | ||
as provided by Subsection (b), unofficial election results shall be | ||
released as soon as they are available after the polls close. | ||
(b) The presiding judge of the central counting station, in | ||
cooperation with the county clerk, may withhold the release of | ||
unofficial election results until the last voter has voted. | ||
SECTION 5. Section 573.061, Government Code, is amended to | ||
read as follows: | ||
Sec. 573.061. GENERAL EXCEPTIONS. Section 573.041 does not | ||
apply to: | ||
(1) an appointment to the office of a notary public or | ||
to the confirmation of that appointment; | ||
(2) an appointment of a page, secretary, attendant, or | ||
other employee by the legislature for attendance on any member of | ||
the legislature who, because of physical infirmities, is required | ||
to have a personal attendant; | ||
(3) a confirmation of the appointment of an appointee | ||
appointed to a first term on a date when no individual related to | ||
the appointee within a degree described by Section 573.002 was a | ||
member of or a candidate for the legislature, or confirmation on | ||
reappointment of the appointee to any subsequent consecutive term; | ||
(4) an appointment or employment of a bus driver by a | ||
school district if: | ||
(A) the district is located wholly in a county | ||
with a population of less than 35,000; or | ||
(B) the district is located in more than one | ||
county and the county in which the largest part of the district is | ||
located has a population of less than 35,000; | ||
(5) an appointment or employment of a personal | ||
attendant by an officer of the state or a political subdivision of | ||
the state for attendance on the officer who, because of physical | ||
infirmities, is required to have a personal attendant; | ||
(6) an appointment or employment of a substitute | ||
teacher by a school district; [ |
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(7) an appointment or employment of a person by a | ||
municipality that has a population of less than 200; or | ||
(8) an appointment of an election clerk under Section | ||
32.031, Election Code, who is not related in the first degree by | ||
consanguinity or affinity to an elected official of the authority | ||
that appoints the election judges for that election. | ||
SECTION 6. This Act takes effect September 1, 2011. |