reglab/statecodes huggingface dataset:
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter A. County Election Precincts › Section 42.010. Recommendation on Elimination of Less Populous Precincts

Sec. 42.010.  RECOMMENDATION ON ELIMINATION OF LESS POPULOUS PRECINCTS.  (a)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 143, Sec. 4, eff. May 24, 2013.
(b)  After each redistricting of a territorial unit described by Section 42.005(a)(1) or (2), the commissioners court shall consider changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.
(c)  After each redistricting of a territorial unit described by Section 42.005(a)(3), (4), (5), or (6), the commissioners court may submit recommendations to the secretary of state on changes to the territorial units to allow the county to eliminate county election precincts with no population or a substantially small population.
(d)  For purposes of this section, a "substantially small population" describes a precinct with a population of not more than 10 persons or not more than 6 registered voters, according to the most recent federal census or list of registered voters, as applicable, as of the date of the redistricting.
(e)  To be considered by the secretary of state, the recommendations must be submitted in the manner prescribed by the secretary.
(f)  The secretary of state shall evaluate all timely recommendations submitted in accordance with Subsection (e).  The secretary shall compile all recommendations for the elimination of the county election precincts in a manner consistent with state and federal law.
(g)  The secretary of state shall file a report containing the information described by Subsection (f) with the governor, the lieutenant governor, and the speaker of the house of representatives not later than the date of convening the first regular legislative session that occurs after a redistricting of a territorial unit described by Subsection (c).  If the information submitted is insufficient for the compilation required by Subsection (f), the secretary shall include a statement to that effect in the report.
Added by Acts 2001, 77th Leg., ch. 1048, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 3, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 143 (H.B. 1164), Sec. 4, eff. May 24, 2013.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.031. Reviewing Precincts for Compliance: Boundary Changes

Sec. 42.031.  REVIEWING PRECINCTS FOR COMPLIANCE:  BOUNDARY CHANGES.  (a)  During March or April of each odd-numbered year, each commissioners court shall determine whether the county election precincts comply with Sections 42.005, 42.006, and 42.007.  The commissioners court may make that determination during March or April of an even-numbered year.  Before May 1 of the year in which the determination is made, the commissioners court shall order the boundary changes necessary for compliance.
(b)  The commissioners court may order a boundary change only during March or April unless the change is necessary to:
(1)  comply with Section 42.005 or 42.032;
(2)  reduce the number of registered voters in a precinct so it does not exceed the maximum number permitted by Section 42.006;  or
(3)  include within a precinct a suitable building available for use as a polling place if no suitable building is available for that purpose within the existing precinct boundary.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.032. Redistricting: Boundary Changes

Sec. 42.032.  REDISTRICTING:  BOUNDARY CHANGES.  If changes in county election precinct boundaries are necessary to give effect to a redistricting plan under Article III, Section 28, of the Texas Constitution, each commissioners court shall order the changes before October 1 of the year in which the redistricting is done.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;  Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.033. Effective Date of Boundary Change

Sec. 42.033.  EFFECTIVE DATE OF BOUNDARY CHANGE.  (a)  A change in a county election precinct boundary takes effect on the first day of the first even-numbered voting year following the voting year in which the change is ordered.
(b)  Except as provided by Subsection (c), for a boundary change under Section 42.031(b), the commissioners court may order an earlier effective date than that prescribed by Subsection (a) if:
(1)  an election for an officer of a territorial unit under Section 42.005(a) is scheduled or may be scheduled to be held before the effective date of the change under Subsection (a) and the territorial unit contains the election precinct as changed;  and
(2)  the voter registrar has sufficient time to correct the registration records before the effective date of the change.
(c)  A change in a county election precinct boundary may not take effect on a date occurring between the date of the general primary election and the date of the general election for state and county officers unless the change is necessary to:
(1)  comply with Section 42.005 after a boundary change made under Article V, Section 18, of the Texas Constitution;
(2)  include within a precinct a suitable building available for use as a polling place if no suitable building is available for that purpose within the existing precinct boundary;  or
(3)  comply with a court order.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 8, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.034. Notice to Registrar

Sec. 42.034.  NOTICE TO REGISTRAR.  The commissioners court shall deliver a certified copy of an order changing a county election precinct boundary to the voter registrar not later than the seventh day after the date the order is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.035. Public Notice

Sec. 42.035.  PUBLIC NOTICE.  (a)  Beginning with the first week following the week in which an order changing a county election precinct boundary is adopted, the commissioners court shall publish notice of the change:
(1)  in a newspaper in the county once a week for three consecutive weeks; and
(2)  on the county's Internet website, if the county maintains an Internet website, for three consecutive weeks.
(b)  The notice must include a brief, general description of the boundary change.
(c)  If no newspaper is published in the county, the commissioners court shall post the notice at the county courthouse on the bulletin board used for posting notice of meetings of the commissioners court.  The notice must remain posted continuously for three consecutive weeks.
(d)  The county clerk shall deliver a copy of the notice to the secretary of state not later than the 20th day after the date the order changing the boundary is adopted.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 114, Sec. 9, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 933), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.036. Additional Notice in Populous Counties

Sec. 42.036.  ADDITIONAL NOTICE IN POPULOUS COUNTIES.  (a)  This section applies only to a county with a population of one million or more.
(b)  The commissioners court shall deliver written notice of each proposed change and of each order making a change in a county election precinct boundary to:
(1)  the county chair of each political party that held a primary election in the county on the most recent general primary day;
(2)  the political party's precinct chair of each affected election precinct;  and
(3)  the presiding judge appointed by the commissioners court for each affected election precinct.
(c)  The notice of a proposed boundary change must be delivered not later than the seventh day before the date of the commissioners court meeting at which the proposed change will be considered.  The notice of an order making a boundary change must be delivered not later than the seventh day after the date the order is adopted.
(d)  The notice of a proposed change must describe the proposed change in brief, general terms, identify the precincts to be affected by the proposed change, and state the date, hour, and place of the meeting.
(e)  The notice of an order making a boundary change must describe the change in brief, general terms and identify the changed precincts.  As an alternative, the notice to the county chair may be a copy of the order, and the notice to a precinct chair or presiding judge may be a copy of the portion of the order affecting the precinct served by that person.
(f)  A person entitled to notice under this section may challenge a boundary change made in violation of this section by petition to the district court.  The petition must be filed not later than one year after the date the change is scheduled to take effect.  If the court determines that the commissioners court failed to comply with this section, the court shall declare the boundary change void.  The validity of an election held before the date of a final judgment declaring a change void is not affected by the judgment.  Noncompliance with this section may not be challenged in any other manner.
(g)  For one year following the effective date of a change in a county election precinct boundary, the commissioners court shall maintain a record containing a copy of each notice required by this section in connection with the boundary change and showing the date the notice was delivered.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 597, Sec. 65, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 42, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter B. Changing County Precinct Boundaries › Section 42.037. Filing Map of Precinct Boundary Changes With Secretary of State

Sec. 42.037.  FILING MAP OF PRECINCT BOUNDARY CHANGES WITH SECRETARY OF STATE.  (a)  Not later than the 120th day after the date an order changing a county election precinct boundary is adopted, the county clerk shall deliver to the secretary of state a map depicting the affected precinct's boundary as changed and showing the number of the precinct.
(b)  The secretary of state shall retain each map for 10 years after receipt.  After that period, the secretary shall transfer the map to the state library.
(c)  The state librarian shall retain the map for 20 years after receipt.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.061. Precincts of Political Subdivision Other Than County

Sec. 42.061.  PRECINCTS OF POLITICAL SUBDIVISION OTHER THAN COUNTY.  (a)  The governing body of a political subdivision other than a county shall establish the election precincts for elections ordered by an authority of the political subdivision.
(b)  The precincts may be established before each election or, once established, remain established until changed, at the governing body's discretion.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(6), eff. September 1, 2021.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 711 (H.B. 3107), Sec. 99(6), eff. September 1, 2021.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.0615. Notice to Registrar of Boundary Change of Political Subdivision

Sec. 42.0615.  NOTICE TO REGISTRAR OF BOUNDARY CHANGE OF POLITICAL SUBDIVISION.  A political subdivision that changes its boundaries or the boundaries of districts used to elect members to the governing body of the political subdivision shall not later than the 30th day after the date the change is adopted:
(1)  notify the voter registrar of the county in which the area subject to the boundary change is located of the adopted boundary change; and
(2)  provide the voter registrar with a map of an adopted boundary change in a format that is compatible with the mapping format used by the registrar's office.
Added by Acts 2005, 79th Leg., Ch. 709 (S.B. 427), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.062. Precincts for Certain Special Elections

Sec. 42.062.  PRECINCTS FOR CERTAIN SPECIAL ELECTIONS.  A county authority ordering an election shall establish the election precincts for the election if:
(1)  the election is a special election affecting only part of the county;  or
(2)  the election relates to the creation, organization, functioning, or existence of one or more political subdivisions other than the county.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.0621. Precincts for Elections Held on November Uniform Election Date

Sec. 42.0621.  PRECINCTS FOR ELECTIONS HELD ON NOVEMBER UNIFORM ELECTION DATE.  (a)  In an election held on the November uniform election date, the political subdivisions to which Section 42.002(a)(5) applies 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.
Added by Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 711 (H.B. 2847), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1085 (H.B. 1888), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.063. Boundary Description

Sec. 42.063.  BOUNDARY DESCRIPTION.  Each election precinct established under this subchapter must be described by natural or artificial boundaries, by survey lines, or if the precinct is coterminous with one or more county election precincts, by use of the county election precinct number or numbers.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.064. Precinct Identification

Sec. 42.064.  PRECINCT IDENTIFICATION.  If more than one election precinct is established under this subchapter, the authority establishing the precincts shall identify each precinct by a name or number.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 42 - Election Precincts › Subchapter C. Other Election Precincts › Section 42.065. Conflicts With Other Law

Sec. 42.065.  CONFLICTS WITH OTHER LAW.  A law outside this subchapter supersedes this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.001. One Polling Place in Each Precinct

Sec. 43.001.  ONE POLLING PLACE IN EACH PRECINCT.  Each election precinct established for an election shall be served by a single polling place located within the boundary of the precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.002. Designation of Location: General or Special Election Using County Precincts

Sec. 43.002.  DESIGNATION OF LOCATION:  GENERAL OR SPECIAL ELECTION USING COUNTY PRECINCTS.  (a)  For a general or special election in which the use of county election precincts is required, the county clerk shall recommend the location of the polling place for each county election precinct, except as provided by Subsection (b).  The commissioners court shall designate the recommended location as the polling place unless the court finds good cause to reject the recommendation.  In that case, the commissioners court shall designate another location.
(b)  If county election precincts are consolidated, the commissioners court shall designate the location of the polling place for the consolidated precinct.
(c)  In making a designation under this section, the commissioners court of a county with a population of more than 175,000 may not designate a location as a polling place that would require a voter in the precinct to travel more than 25 miles from the voter's residence to the polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 742 (H.B. 2759), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.003. Designation of Location: Primary Election

Sec. 43.003.  DESIGNATION OF LOCATION:  PRIMARY ELECTION.  The county chair of a political party holding a primary election shall designate the location of the polling place for each election precinct in the primary unless the precinct is one that is consolidated.  In that case, the county executive committee shall designate the location.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 43, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.004. Designation of Location: Elections of Other Political Subdivisions

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 holds an election on a uniform election date and is required to use the regular county election precincts, 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.
(c)  If a political subdivision holds an election jointly with an election described by Section 43.007(a)(1), (2), (3), or (4) and is required to use countywide polling places under Section 43.007, the governing body of the political subdivision may designate as the polling places for any required runoff election only the polling places located in the territory or in and near the territory of the political subdivision where eligible voters reside.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
Amended by:
Acts 2005, 79th Leg., Ch. 1042 (H.B. 1209), Sec. 3, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1261 (H.B. 2926), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1169 (S.B. 578), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 549 (H.B. 2027), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.005. Designation of Location: Certain Special Elections

Sec. 43.005.  DESIGNATION OF LOCATION:  CERTAIN SPECIAL ELECTIONS.  The authority establishing election precincts under Section 42.062 shall designate the location of the polling place for each precinct.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter A. Number and Location of Polling Places › Section 43.006. Conflicts With Other Law

Sec. 43.006.  CONFLICTS WITH OTHER LAW.  A law outside this subchapter supersedes this subchapter to the extent of any conflict.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter B. Building for Use as Polling Place › Section 43.031. Polling Place in Public Building

Sec. 43.031.  POLLING PLACE IN PUBLIC BUILDING.  (a)  In this subchapter, "public building" means a building owned or controlled by the state or a political subdivision.
(b)  Each polling place shall be located inside a building.  No voter may cast a vote from inside a motor vehicle unless the voter meets the requirements of Section 64.009.
(c)  The building selected for a polling place shall be a public building if practicable. 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.
(d)  If a suitable public building is unavailable, the polling place may be located in some other building, including a building on a federal military base or facility with the permission of the post or base commander, and any charge for its use is an election expense.  A polling place may not be located in a building under this subsection unless electioneering is permitted on the building's premises outside the prescribed limits within which electioneering is prohibited, except that a polling place may be located in a building at which electioneering is not permitted if it is the only building available for use as a polling place in the election precinct.
(e)  A polling place may not be located at the residence of a person who is:
(1)  a candidate for an elective office, including an office of a political party;  or
(2)  related within the third degree by consanguinity or the second degree by affinity, as determined under Chapter 573, Government Code, to a candidate described by Subdivision (1).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989;  Acts 1997, 75th Leg., ch. 1350, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1316, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 516, Sec. 1, June 20, 2003.
Amended by:
Acts 2021, 87th Leg., 2nd C.S., Ch. 1 (S.B. 1), Sec. 3.04, eff. December 2, 2021.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter B. Building for Use as Polling Place › Section 43.032. Building Acquired by County for Polling Place

Sec. 43.032.  BUILDING ACQUIRED BY COUNTY FOR POLLING PLACE.  (a)  If a public building is unavailable for use as the polling place for a county election precinct, the commissioners court may purchase or construct a building in the precinct for that purpose.
(b)  The commissioners court may permit a building purchased or constructed under Subsection (a) to be used with or without charge for purposes other than as a polling place.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1989, 71st Leg., ch. 976, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter B. Building for Use as Polling Place › Section 43.033. Consideration for Use of Public Building as Polling Place

Sec. 43.033.  CONSIDERATION FOR USE OF PUBLIC BUILDING AS POLLING PLACE.  (a)  No charge, including a charge for personnel, utilities, or other expenses incurred before or after regular business hours, may be made for the use of a public building for a polling place if the day of the election is a day on which the building is normally open for business.  If the day of the election is a day on which the building is not normally open for business, a charge may be made only for reimbursement for the actual expenses resulting from use of the building in the election.
(b)  The reimbursing authority is entitled to an itemized statement of expenses before making remittance.
(c)  A person commits an offense if the person assesses a charge for the use of a public building for a polling place in violation of Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 481, Sec. 1, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 976, Sec. 2, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 728, Sec. 12, eff. Sept. 1, 1993.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter B. Building for Use as Polling Place › Section 43.034. Accessibility of Polling Place to the Elderly and Persons With Physical Disabilities

Sec. 43.034.  ACCESSIBILITY OF POLLING PLACE TO THE ELDERLY AND PERSONS WITH PHYSICAL DISABILITIES.  (a)  Each polling place shall be accessible to and usable by the elderly and persons with physical disabilities. To be considered accessible, a polling place must meet the standards established under Article 9102, Revised Statutes, including the following standards:
(1)  the polling place must be on the ground-level floor or be accessible from the ground-level floor by an elevator with doors that provide an opening of at least 36 inches in width;
(2)  doors, entrances, and exits used to enter or leave the polling place must have a minimum width of 32 inches;
(3)  any curb adjacent to the main entrance to a polling place must have curb cuts or temporary nonslip ramps;
(4)  any stairs necessary to enter or leave the polling place must have a handrail on each side of the stairs and a nonslip ramp;  and
(5)  the polling place may not have a barrier that impedes the path of a person with physical disabilities to the voting station.
(b)  The commissioners court shall provide a polling place that complies with Subsection (a) in each county election precinct.  The site shall be made available for use as a polling place on every day that an election may be held within the precinct by any authority that holds elections.  The commissioners court may make expenditures from either the general fund or the permanent improvement fund to bring an existing county-owned site into compliance with Subsection (a).
(c)  The governing body of each political subdivision that holds elections shall cooperate with the commissioners court in its respective county in implementing this section and is subject to the same requirements for compliance as prescribed by Subsection (b). If the authority holding an election rejects a county-designated polling place that is available and chooses to use a different site of its own designation, it shall provide a polling place that complies with Subsection (a) at its own expense.  A political party that is holding a primary election may not reject an available county-designated polling place without the prior consent of the secretary of state.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 622, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 809, Sec. 1, 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter C. Information Regarding Location of Polling Place › Section 43.061. Notice of Change of Location of Polling Place

Sec. 43.061.  NOTICE OF CHANGE OF LOCATION OF POLLING PLACE.  (a)  This section applies only to a general or special election that is ordered by the governor or the county judge.
(b)  If the location of a polling place changes after notice of an election is given under Section 4.003, the county clerk shall give notice of the change not later than the earlier of:
(1)  24 hours after the location is changed;  or
(2)  72 hours before the polls open on election day.
(c)  Notice required by Subsection (b) must be given by:
(1)  notifying each candidate whose name appears on the ballot in the election or, in the case of an office filled by voters of more than one county, notifying the county chair or, for an independent candidate, the county judge of the county in which the change occurs;  or
(2)  posting the notice in a listing used specifically to inform the public of changes to the location of a polling place on any Internet website that the county clerk maintains to provide information on elections held in the county.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 709 (S.B. 427), Sec. 2(a), eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter C. Information Regarding Location of Polling Place › Section 43.062. Notice at Previous Polling Place

Sec. 43.062.  NOTICE AT PREVIOUS POLLING PLACE.  If the location of the polling place for an election precinct is different from the location used for the precinct in the preceding election ordered by the same authority, the authority responsible for giving notice of the election shall, if possible, post notice at the entrance to the previous polling place stating that the location has changed and providing the location of the new polling place.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 4 - Time and Place of Elections › Chapter 43 - Polling Places › Subchapter C. Information Regarding Location of Polling Place › Section 43.063. Use of Computerized Information

Sec. 43.063.  USE OF COMPUTERIZED INFORMATION.  In an election in which detailed poll location information is available at a polling place through a computer, an election officer shall provide that information to assist voters in determining the correct polling place location for the voter's election precinct.
Added by Acts 2001, 77th Leg., ch. 802, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.001. Election Supplies

Sec. 51.001.  ELECTION SUPPLIES.  In this chapter, "election supplies" means the equipment, ballots, forms, lists of registered voters, and other materials necessary to conduct an election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.002. County Election Board

Sec. 51.002.  COUNTY ELECTION BOARD.  (a)  A county election board is established in each county for the general election for state and county officers, a special election for an officer regularly elected at the general election, and any other election ordered by a county authority or held at county expense.
(b)  For the general election for state and county officers and for a special election for an officer regularly elected at the general election, the county election board consists of the county judge, county clerk, voter registrar, sheriff, and county chair of each political party required to nominate candidates by primary election.  For other elections, the board consists of the county judge, county clerk, voter registrar, and sheriff.
(c)  The county clerk is the chair of the county election board.
(d)  A meeting of the county election board shall be:
(1)  held in person; and
(2)  open to the public.
(e)  Not later than 48 hours before each meeting of the county election board, the county clerk shall post notice of the meeting on the county's Internet website, if the county maintains a website.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 44, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 733 (H.B. 2800), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.003. Procuring and Allocating Supplies

Sec. 51.003.  PROCURING AND ALLOCATING SUPPLIES.  Except as otherwise provided by law, the following authority shall procure the election supplies necessary to conduct an election and shall determine the quantity of the various types of supplies to be provided to each precinct polling place and early voting polling place:
(1)  for an election ordered by the governor or a county authority, the county clerk, subject to the approval of the county election board;
(2)  for a primary election, the county chair of the political party holding the primary, subject to the approval of the party's county executive committee;
(3)  for an election ordered by a city authority, the city secretary;  and
(4)  for an election ordered by an authority of a political subdivision other than a county or city, the secretary of the subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.45;  Acts 1991, 72nd Leg., ch. 554, Sec. 16, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 864, Sec. 45, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.004. Distributing Supplies

Sec. 51.004.  DISTRIBUTING SUPPLIES.  (a)  Except as otherwise provided by law, the authority responsible for procuring the election supplies for an election shall distribute the supplies for the election.
(b)  The appropriate supplies shall be distributed to each presiding election judge not later than one hour before the polls are required to be open for voting and to the early voting clerk before the beginning of early voting.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.46;  Acts 1991, 72nd Leg., ch. 554, Sec. 17, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.005. Number of Ballots

Sec. 51.005.  NUMBER OF BALLOTS.  (a)  The authority responsible for procuring the election supplies for an election shall provide for each election precinct a number of ballots equal to at least the percentage of voters who voted in that precinct in the most recent corresponding election plus 25 percent of that number, except that the number of ballots provided may not exceed the total number of registered voters in the precinct.
(b)  In computing a number of registered voters under this section, voters whose names appear on the list of registered voters with the notation "S", or a similar notation, shall be excluded.
(c)  The secretary of state shall prescribe procedures for determining the number of provisional ballots to be provided.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1995, 74th Leg., ch. 797, Sec. 37, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1078, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1107 (H.B. 2309), Sec. 1.12, eff. September 1, 2005.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.006. Preparing Ballots for Distribution

Sec. 51.006.  PREPARING BALLOTS FOR DISTRIBUTION.  The authority responsible for distributing election supplies shall package and seal each set of ballots before their distribution and shall mark the package with the number of ballots enclosed and the range of the ballot serial numbers.  If the authority is the early voting clerk, the ballots allocated for early voting need not be packaged and sealed.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.47;  Acts 1991, 72nd Leg., ch. 554, Sec. 18, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.007. Record of Ballot Distribution

Sec. 51.007.  RECORD OF BALLOT DISTRIBUTION.  (a)  As soon as practicable after the ballots are packaged for distribution, the authority responsible for distributing election supplies shall prepare a record of the number of ballots and the range of serial numbers on the ballots to be distributed to each presiding judge and the early voting clerk.
(b)  The authority shall preserve the record for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1991, 72nd Leg., ch. 203, Sec. 2.48;  Acts 1991, 72nd Leg., ch. 554, Sec. 19, eff. Sept. 1, 1991.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.008. Supplementing Distributed Ballots

Sec. 51.008.  SUPPLEMENTING DISTRIBUTED BALLOTS.  (a)  The authority responsible for distributing election supplies shall retain a reserve of ballots to supplement the distributed ballots and on election day may reallocate previously distributed ballots among the polling places.
(b)  The authority shall enter on the record of ballot distribution the number of ballots reserved and the number of ballots distributed from the reserve to each polling place.  The range of serial numbers on the ballots shall be included in the record.
(c)  If distributed ballots are reallocated, the authority shall indicate the reallocation on the record of ballot distribution and shall issue a receipt to each presiding election judge showing the number of ballots and the range of serial numbers on the ballots taken from the judge's polling place for redistribution.  Each presiding judge shall indicate on the ballot register any reallocation of ballots affecting that polling place.
(d)  The authority shall retain the undistributed reserve for the period for preserving the precinct election records.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.009. Sheriff to Deliver Supplies

Sec. 51.009.  SHERIFF TO DELIVER SUPPLIES.  (a)  The sheriff shall deliver the election supplies that a county clerk is responsible for distributing, on request of the clerk, to each presiding judge who has not obtained them from the clerk.
(b)  This section does not require the sheriff to deliver an item that cannot be transported in a regular passenger vehicle.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.010. Failure to Distribute or Deliver Supplies

Sec. 51.010.  FAILURE TO DISTRIBUTE OR DELIVER SUPPLIES.  (a)  A person commits an offense if the person is responsible for distributing election supplies for an election and intentionally fails to distribute any of the supplies by the deadline prescribed by Section 51.004(b).
(b)  A person commits an offense if the person is entrusted with the delivery of election supplies for use at polling places and intentionally fails to deliver any of the supplies within the time specified by the person who entrusted the delivery to the person.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1997, 75th Leg., ch. 864, Sec. 46, eff. Sept. 1, 1997.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.011. Obstructing Distribution of Supplies

Sec. 51.011.  OBSTRUCTING DISTRIBUTION OF SUPPLIES.  (a)  A person commits an offense if the person intentionally obstructs the distribution of election supplies for an election.
(b)  An offense under this section is a Class C misdemeanor.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter A. Procuring, Allocating, and Distributing Election Supplies › Section 51.013. Identification of Printers for Primary Election or General Election for State and County Officers

Sec. 51.013.  IDENTIFICATION OF PRINTERS FOR PRIMARY ELECTION OR GENERAL ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  Each person who prints ballots or other election supplies for a primary election or the general election for state and county officers shall file a statement with the secretary of state as provided by this section.
(b)  The statement must be filed not later than the 60th day before the date of the applicable election.
(c)  The statement must include:
(1)  the name, business address, and business telephone number of the printer;
(2)  the name and telephone number of any agent or employee of the printer who is designated to receive inquiries or issue information about the printing of ballots or other election supplies;  and
(3)  the name and address of each client for whom the ballots or other supplies are printed, the voting methods for which the materials are printed for the client, and a description of the materials printed for the client.
(d)  The secretary of state shall prescribe the form for the statement required by this section.
Added by Acts 1987, 70th Leg., ch. 472, Sec. 10, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.031. Approval of Ballot and Voting Booths

Sec. 51.031.  APPROVAL OF BALLOT AND VOTING BOOTHS.  (a)  Except as otherwise provided by this subchapter, the secretary of state must approve the composition and design of ballot boxes and voting booths before the equipment may be used in elections.
(b)  A person desiring approval of a ballot box or a voting booth for use in this state must submit a written request for approval to the secretary of state.
(c)  After examining the specifications or a model of a ballot box or voting booth submitted for approval, the secretary of state by written order shall approve the equipment for use in elections if the secretary determines that the equipment's composition and design are suitable for the intended use.
(d)  The secretary of state shall attach the approval order to the approval request and retain it permanently on file.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.032. Voting Booths

Sec. 51.032.  VOTING BOOTHS.  (a)  Voting booths that provide privacy for voters while marking their ballots shall be provided at each polling place.
(b)  The entrance of the voting booth may be open or it may have a door or curtain that a voter may close while occupying the booth.
(c)  A voting booth may be used without approval of the secretary of state if the booth complies with the standards prescribed by the secretary of state or if the booth:
(1)  is rectangular, with at least three sides of opaque material beginning not more than three feet from the floor and extending to a height of at least six feet from the floor;
(2)  has inside dimensions at least 22 inches wide and 30 inches deep;  and
(3)  has a shelf for writing.
(d)  The voting booth standards prescribed by the secretary of state must assure that privacy for voters while marking their ballots is provided and that the voting booth's composition and design are suitable for the intended use.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.  Amended by Acts 1987, 70th Leg., ch. 472, Sec. 11, eff. Sept. 1, 1987.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.033. Number and Use of Ballot Boxes

Sec. 51.033.  NUMBER AND USE OF BALLOT BOXES.  (a)  Four ballot boxes shall be used at each polling place in an election and shall be marked as follows:
(1)  "Ballot Box No. 1 for Election Precinct No. ________";
(2)  "Ballot Box No. 2 for Election Precinct No. ________";
(3)  "Ballot Box No. 3 for Election Precinct No. ________";  and
(4)  "Ballot Box No. 4 for Election Precinct No. ________".
(b)  If an election precinct is designated by name instead of number, the name of the precinct shall be marked on the box.
(c)  Ballot boxes no. 1 and no. 2 are used for the deposit of voters' marked ballots.
(d)  Ballot box no. 3 is used for delivering the voted ballots to their custodian after they are counted and for storing the voted ballots during the preservation period.
(e)  Ballot box no. 4 is used for delivering defectively printed, spoiled, and unused ballots to their custodian after the election.
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.
2023 Texas Statutes › Election Code › Title 5 - Election Supplies › Chapter 51 - Election Supplies › Subchapter B. Election Equipment › Section 51.034. Specifications for Ballot Boxes

Sec. 51.034.  SPECIFICATIONS FOR BALLOT BOXES.  (a)  Each ballot box must be made of a sturdy material and suitably designed for its intended use.  Each box must have a lock and key.
(b)  Ballot boxes no. 1 and no. 2 must each have a slot in the top just large enough to receive a ballot.  Ballot boxes no. 3 and no. 4 are not required to have a slot, but if a slot is provided, it may not be larger than that prescribed for boxes no. 1 and no. 2.
(c)  A ballot box may be used without approval of the secretary of state if the box:
(1)  is an enclosed, opaque container made of metal, wood, or other material;
(2)  is equipped with a hinged top, hasp, and padlock;  and
(3)  complies with Subsection (b).
Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.