H.B. No. 1128

	AN ACT
	relating to persons permitted to be in a polling place or a place
	where ballots are being counted.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 61.001, Election Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) to read as
	follows:
	(a)  Except as permitted by this code and as described by
	Subsection (a-1), a person may not be in the polling place from the
	time the presiding judge arrives there on election day to make the
	preliminary arrangements until the precinct returns have been
	certified and the election records have been assembled for
	distribution following the election.
	(a-1)  Under this code, a person may be lawfully present in a
	polling place during the time described by Subsection (a) if the
	person is:
	(1)  an election judge or clerk;
	(2)  a watcher;
	(3)  the secretary of state;
	(4)  a staff member of the Elections Division of the
	Office of the Secretary of State performing an official duty in
	accordance with this code;
	(5)  an election official, a sheriff, or a staff member
	of an election official or sheriff delivering election supplies;
	(6)  a state inspector;
	(7)  a person admitted to vote;
	(8)  a child under 18 years of age who is accompanying a
	parent who has been admitted to vote;
	(9)  a person providing assistance to a voter under
	Section 61.032 or 64.032;
	(10)  a person accompanying a voter who has a
	disability;
	(11)  a special peace officer appointed by the
	presiding judge under Section 32.075;
	(12)  the county chair of a political party conducting
	a primary election, as authorized by Section 172.1113;
	(13)  a voting system technician, as authorized by
	Section 125.010;
	(14)  the county election officer, as defined by
	Section 31.091, as necessary to perform tasks related to the
	administration of the election; or
	(15)  a person whose presence has been authorized by
	the presiding judge in accordance with this code.
	SECTION 2.  Section 87.026, Election Code, is amended to
	read as follows:
	Sec. 87.026.  BYSTANDERS EXCLUDED. (a) Except as permitted
	by this code and as described by Subsection (b), a person may not be
	in the meeting place of an early voting ballot board during the time
	of the board's operations.
	(b)  Under this code, a person may be lawfully present in the
	meeting place of an early voting ballot board during the time of the
	board's operations if the person is:
	(1)  a presiding judge or member of the board;
	(2)  a watcher;
	(3)  a state inspector;
	(4)  a voting system technician, as authorized by
	Section 125.010;
	(5)  the county election officer, as defined by Section
	31.091, as necessary to perform tasks related to the administration
	of the election; or
	(6)  a person whose presence has been authorized by the
	presiding judge in accordance with this code.
	SECTION 3.  Subchapter A, Chapter 127, Election Code, is
	amended by adding Section 127.008 to read as follows:
	Sec. 127.008.  BYSTANDERS EXCLUDED. (a) Except as permitted
	by this code and as described by Subsection (b), a person may not be
	in a central counting station while ballots are being counted.
	(b)  Under this code, a person may be lawfully present in the
	central counting station while ballots are being counted if the
	person is:
	(1)  a counting station manager, tabulation
	supervisor, assistant to the tabulation supervisor, presiding
	judge, or clerk;
	(2)  a watcher;
	(3)  a state inspector;
	(4)  a voting system technician, as authorized by
	Section 125.010;
	(5)  the county election officer, as defined by Section
	31.091, as necessary to perform tasks related to the administration
	of the election; or
	(6)  a person whose presence has been authorized by the
	counting station manager in accordance with this code.
	SECTION 4.  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, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1128 was passed by the House on May 5,
	2021, by the following vote:  Yeas 98, Nays 45, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1128 was passed by the Senate on May
	22, 2021, by the following vote:  Yeas 22, Nays 9.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor