| |
| |
| |
|
|
AN ACT
|
|
|
relating to electioneering conducted near a polling place. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Section 61.003, Election Code, is |
|
|
amended to read as follows: |
|
|
Sec. 61.003. ELECTIONEERING AND LOITERING NEAR POLLING |
|
|
PLACE [PROHIBITED]. |
|
|
SECTION 2. Section 61.003, Election Code, is amended by |
|
|
adding Subsection (a-1) and amending Subsection (b) to read as |
|
|
follows: |
|
|
(a-1) The entity that owns or controls a public building |
|
|
being used as a polling place may not, at any time during the voting |
|
|
period, prohibit electioneering on the building's premises outside |
|
|
of the area described in Subsection (a), but may enact reasonable |
|
|
regulations concerning the time, place, and manner of |
|
|
electioneering. |
|
|
(b) In this section: |
|
|
(1) "Electioneering" includes the posting, use, or |
|
|
distribution of political signs or literature. |
|
|
(2) "Voting [, "voting] period" means the period |
|
|
beginning when the polls open for voting and ending when the polls |
|
|
close or the last voter has voted, whichever is later. |
|
|
SECTION 3. The heading to Section 85.036, Election Code, is |
|
|
amended to read as follows: |
|
|
Sec. 85.036. ELECTIONEERING [PROHIBITED]. |
|
|
SECTION 4. Section 85.036, Election Code, is amended by |
|
|
adding Subsections (b) and (f) to read as follows: |
|
|
(b) The entity that owns or controls a public building being |
|
|
used as an early voting polling place may not, at any time during |
|
|
the early voting period, prohibit electioneering on the building's |
|
|
premises outside of the area described in Subsection (a), but may |
|
|
enact reasonable regulations concerning the time, place, and manner |
|
|
of electioneering. |
|
|
(f) In this section: |
|
|
(1) "Early voting period" means the period prescribed |
|
|
by Section 85.001. |
|
|
(2) "Electioneering" includes the posting, use, or |
|
|
distribution of political signs or literature. |
|
|
SECTION 5. 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, 2013. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 259 was passed by the House on May 1, |
|
|
2013, by the following vote: Yeas 136, Nays 6, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 259 was passed by the Senate on May |
|
|
20, 2013, by the following vote: Yeas 26, Nays 5. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |