88R4525 KJE-D     By: Campbell S.B. No. 961       A BILL TO BE ENTITLED   AN ACT   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 [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.          (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.