Relating to processing early voting ballots voted by mail.

89(R) HB 3775 - House Committee Report version - Bill Text

89R23194 TSS-D

By: Paul

H.B. No. 3775

Substitute the following for H.B. No. 3775:

By: Shaheen

C.S.H.B. No. 3775

A BILL TO BE ENTITLED

AN ACT

relating to processing early voting ballots voted by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 87.0241(b), Election Code, is amended to

read as follows:

(b) The board may not
open a ballot envelope of an accepted

voter or
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
at least
100,000
but less than 1 million

[
or more
], or conducted jointly with such a county or conducted with

such a county through a contract for election services, the end of

the period for early voting by personal appearance
; or

(3)

in an election conducted by an authority of a

county with a population of 1 million or more, or conducted jointly

with such a county or conducted with such a county through a

contract for election services, 7 a.m. on the sixth day before

election day
.

SECTION 2. Section 87.042, Election Code, is amended by

amending Subsections (a) and (d) and adding Subsection (e) to read

as follows:

(a) The early voting ballot board shall open each carrier

envelope containing an accepted ballot without defacing the

certificate on the carrier envelope and remove
without opening
the

ballot envelope from the carrier envelope.

(d) An accepted ballot that was not returned in the official

ballot envelope shall be treated as an accepted ballot that was

returned in the ballot envelope
and may be placed in an empty

envelope
.

(e)

The board shall maintain chain of custody paperwork that

accounts for the correct number of accepted ballots and envelopes

placed into the ballot box or container as required by Subsection

(b) or (c) or Section 87.044(b), as applicable.

When the container

is sealed, the paperwork must be signed by:

(1) the presiding judge;

(2)

a member of the board who is a member of a

different political party from the presiding judge; and

(3)

at least one poll watcher, if present during the

session.

SECTION 3. The changes in law made by this Act apply only to

an election held on or after the effective date of this Act. An

election held before the effective date of this Act is governed by

the law in effect when the election was held, and that law is

continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.