Bill Text: TX SB961 | 2023-2024 | 88th Legislature | Introduced


Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [SB961 Detail]

Download: Texas-2023-SB961-Introduced.html
  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.
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