Bill Text: TX SB961 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of the board of trustees of a school district to exclude the use of district buildings as polling places and to the designation of days a school district campus is used as a polling place as staff development days.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to State Affairs [SB961 Detail]
Download: Texas-2023-SB961-Introduced.html
| 88R4525 KJE-D | ||
| By: Campbell | S.B. No. 961 | |
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| relating to the authority of the board of trustees of a school | ||
| district to exclude the use of district buildings as polling places | ||
| and to the designation of days a school district campus is used as a | ||
| polling place as staff development days. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
| amended by adding Section 11.187 to read as follows: | ||
| Sec. 11.187. POLICY EXCLUDING USE OF DISTRICT BUILDINGS AS | ||
| POLLING PLACES. The board of trustees of an independent school | ||
| district may adopt a policy excluding the use of a building owned or | ||
| controlled by the district as a polling place under Section 43.031, | ||
| Election Code. | ||
| SECTION 2. Subchapter C, Chapter 25, Education Code, is | ||
| amended by adding Section 25.0813 to read as follows: | ||
| Sec. 25.0813. SCHOOL CAMPUS DESIGNATED AS POLLING PLACE. | ||
| If a school campus is selected for use as a polling place under | ||
| Section 43.031, Election Code, the school district shall designate | ||
| the day the campus serves as a polling place as a staff development | ||
| day. | ||
| SECTION 3. Section 37.108(e), Education Code, is amended to | ||
| read as follows: | ||
| (e) A school district shall include in its multihazard | ||
| emergency operations plan a policy for school district property | ||
| selected for use as a polling place under Section 43.031, Election | ||
| Code. In developing the policy under this subsection, the board of | ||
| trustees may consult with the local law enforcement agency with | ||
| jurisdiction over the school district property selected as a | ||
| polling place regarding reasonable security accommodations that | ||
| may be made to the property. This subsection may not be interpreted | ||
| to require the board of trustees to obtain or contract for the | ||
| presence of law enforcement or security personnel for the purpose | ||
| of securing a polling place located on school district | ||
| property. Failure to comply with this subsection does not affect | ||
| the requirement, if applicable, of the board of trustees to make a | ||
| school facility available for use as a polling place under Section | ||
| 43.031, Election Code. | ||
| SECTION 4. Section 43.031, Election Code, is amended by | ||
| amending Subsection (c) and adding Subsection (c-1) to read as | ||
| follows: | ||
| (c) The building selected for a polling place shall be a | ||
| public building if practicable. Except as provided by Subsection | ||
| (c-1), the [ |
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| 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. | ||
| (c-1) If the board of trustees of a school district adopts a | ||
| policy excluding the use as a polling place of a building owned or | ||
| controlled by the district as provided by Section 11.187, Education | ||
| Code, the building may not be designated as a polling place under | ||
| this chapter for any election during the period in which the | ||
| district's policy is in effect. | ||
| SECTION 5. The changes in law made by this Act by adding | ||
| Sections 11.187 and 25.0813, Education Code, and by amending | ||
| Section 37.108(e), Education Code, apply beginning with the | ||
| 2023-2024 school year. | ||
| SECTION 6. 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, 2023. | ||
