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  81R6173 JRJ-D
 
  By: Brown of Kaufman H.B. No. 2390
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to processing certain early voting ballots before election
  day.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 87.0241, Election Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  Except as provided by Subsection (d), the [The] board
  may not count early voting ballots until:
               (1)  the polls open on election day; or
               (2)  in an election conducted by an authority of a
  county with a population of 100,000 or more or conducted jointly
  with such a county, the end of the period for early voting by
  personal appearance.
         (d)  An early voting ballot board may establish a process for
  removing data from voting machines used in early voting before the
  polls open on election day if:
               (1)  the county will use the voting machines on
  election day; and
               (2)  the secretary of state approves the process.
         SECTION 2.  This Act takes effect September 1, 2009.