HB521 - Relating to accommodating voters with a disability; creating a criminal offense.

      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