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89(R) HB 521 - Enrolled version - Bill Text
H.B. No. 521
AN ACT
relating to accommodating voters with a disability; creating a
criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.003(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if, during the voting period
and within 100 feet of an outside door through which a voter may
enter the building in which a polling place is located
or within 20
feet of a parking space designated for curbside voting under
Section 64.009
, the person:
(1) loiters; or
(2) electioneers for or against any candidate,
measure, or political party.
SECTION 2. Section 64.009, Election Code, is amended by
amending Subsections (a), (a-1), (f), (g), and (h) and adding
Subsections (a-3), (a-4), (a-5), (a-6), (i), and (j) to read as
follows:
(a)
Subject to Subsection (a-5), if
[
If
] a voter is
physically unable to enter the polling place without personal
assistance or likelihood of injuring the voter's health, on the
voter's request, an election officer shall deliver a ballot to the
voter at the polling place entrance or curb.
(a-1) At each polling place an area for parking not smaller
than the size of one parking space shall be reserved for voting
under this section. The area may not be designated specifically for
persons with disabilities. The area must be clearly marked with a
sign:
(1) indicating that the space is reserved for use by a
voter who is unable to enter the polling place; [
and
]
(2) displaying, in large font that is clearly readable
from a vehicle, a telephone number that a voter may call or text to
request assistance from an election officer at the polling place
;
and
(3)
displaying, in large font that is clearly readable
from a vehicle, that electioneering is prohibited within 20 feet of
the parking space
.
(a-3)
Before an election officer may deliver a ballot to a
voter under Subsection (a), the voter must complete and sign a form,
provided by the election officer, that contains the following
statement: "I swear (or affirm) under penalty of perjury that I am
physically unable to enter the polling place without personal
assistance or likelihood of injuring my health, or I am requesting a
reasonable accommodation under Section 1.022, Election Code.
Therefore, I am requesting to vote outside the polling place."
(a-4)
Except as provided by Subchapter B, an election
officer who delivers a ballot to the voter at the polling place
entrance or curb may not provide assistance in marking the ballot.
(a-5)
If four or more election officers are present at the
polling place, two election officers shall deliver a ballot to the
voter at the polling place entrance or curb.
(a-6)
Notwithstanding any other provision of this code, if a
voter is escorting a person to whom Subsection (a) applies to the
polling place entrance or curb, on the voter's request, an election
officer shall deliver a ballot to the voter at the polling place
entrance or curb.
(f)
Upon accepting a voter for voting under this section who
is provided transportation by another person, the election officer
shall ask the person providing transportation whether the person
has assisted seven or more voters voting under this section during
the early voting period and on election day. If the person indicates
that the person has assisted
[
A person who simultaneously assists
]
seven or more voters voting under this section
during the early
voting period and on election day
by providing the voters with
transportation to the polling place
, the person
must complete and
sign a form, provided by an election officer, that contains the
person's name and address and whether the person is providing
assistance solely under this section or under both this section and
Subchapter B.
(g) A form completed under Subsection
(a-3) or
(f) shall be
delivered to the secretary of state as soon as practicable. The
secretary shall retain a form delivered under this section for the
period for preserving the precinct election records and shall make
the form available to the attorney general for inspection upon
request.
(h) The secretary of state shall prescribe the
forms and
process required by this section and adopt rules necessary to
implement this section
[
form described by Subsection (f)
].
(i)
A person commits an offense if the person intentionally
fails to complete the form required by Subsection (f).
(j) An offense under this section is a Class A misdemeanor.
SECTION 3. Section 64.0322, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A person[
, other than an election officer,
] who assists
a voter in accordance with this chapter is required to complete a
form stating:
(1) the name and address of the person assisting the
voter;
(2) the relationship to the voter of the person
assisting the voter; and
(3) whether the person assisting the voter received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee.
(c)
Not later than the 30th day after the date of the
election, the county clerk shall report to the secretary of state
information regarding any individual who assisted a total of seven
or more voters during the early voting period and on election day.
SECTION 4. Section 85.036(a), Election Code, is amended to
read as follows:
(a) During the time an early voting polling place is open
for the conduct of early voting, a person may not electioneer for or
against any candidate, measure, or political party
:
(1)
in or within 100 feet of an outside door through
which a voter may enter the building or structure in which the early
voting polling place is located
; or
(2)
within 20 feet of a parking space designated for
curbside voting under Section 64.009
.
SECTION 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 521 was passed by the House on May 13,
2025, by the following vote: Yeas 84, Nays 54, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 521 on May 29, 2025, by the following vote: Yeas 89, Nays 44, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 521 was passed by the Senate, with
amendments, on May 28, 2025, by the following vote: Yeas 20, Nays
11.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor