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                                                                  H.B. No. 1209




AN ACT

relating to using county election precincts for any election held 
on the November uniform election date.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.002(a), Election Code, is amended to 
read as follows: 
	(a)  The county election precincts are the election 
precincts for the following elections:
		(1)  the general election for state and county 
officers;                    
		(2)  a special election ordered by the governor;                              
		(3)  a primary election; [and]                               
		(4)  a countywide election ordered by the commissioners 
court, county judge, or other county authority, except an election 
subject to Section 42.062(2); and
		(5)  any other election of a political subdivision not 
located in a county with a population of more than 3.3 million or a 
county adjacent to a county with a population of more than 3.3 
million held on the November uniform election date, as provided by 
Section 42.0621.
	SECTION 2.  Subchapter C, Chapter 42, Election Code, is 
amended by adding Section 42.0621 to read as follows:
	Sec. 42.0621.  PRECINCTS FOR NOVEMBER ELECTION.  (a)  In an 
election held on the November uniform election date, the 
participating political subdivisions not located in a county with a 
population of more than 3.3 million or a county adjacent to a county 
with a population of more than 3.3 million shall use the regular 
county election precincts.
	(b)  If an election precinct is not located wholly within the 
territory of a political subdivision holding an election in the 
precinct or a district used to elect an office at the election, 
election officials shall take reasonable measures to ensure that a 
voter voting at that precinct may not vote in an election in which 
the voter is not entitled to vote.
	(c)  This section does not require a political subdivision to 
contract with a county under Section 31.092 or hold a joint election 
with a county under Chapter 271.
	(d)  The secretary of state shall prescribe procedures to 
implement this section.
	SECTION 3.  Section 43.004, Election Code, is amended to 
read as follows:    
	Sec. 43.004.  DESIGNATION OF LOCATION:  ELECTIONS OF OTHER 
POLITICAL SUBDIVISIONS.  (a)  The governing body of each political 
subdivision authorized to hold elections, other than a county, 
shall designate the location of the polling place for each of its 
election precincts.
	(b)  If a political subdivision not located in a county with 
a population of more than 3.3 million or a county adjacent to a 
county with a population of more than 3.3 million holds an election 
on the November uniform election date, the political subdivision 
shall designate as the polling places for the election the regular 
county polling places in the county election precincts that contain 
territory from the political subdivision.
	SECTION 4.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1209 was passed by the House on May 9, 
2005, by a non-record vote; and that the House concurred in Senate 
amendments to H.B. No. 1209 on May 26, 2005, by the following 
vote:  Yeas 140, Nays 1, 2 present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1209 was passed by the Senate, with 
amendments, on May 23, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor