CHAPTER 42. ELECTION PRECINCTS - Texas Statutes

ELECTION CODE

TITLE 4. TIME AND PLACE OF ELECTIONS

CHAPTER 42. ELECTION PRECINCTS

SUBCHAPTER A. COUNTY ELECTION PRECINCTS

Sec. 42.001. PRECINCTS ESTABLISHED BY COMMISSIONERS COURT. (a)

Each commissioners court by order shall divide all the territory

of the county into county election precincts in accordance with

this subchapter. The precincts must be compact and contiguous.

(b) In a county with a population of more than 175,000, in

establishing a county election precinct, the commissioners court

shall consider the availability of buildings to use as polling

places so that a voter of the precinct will not have to travel

more than 25 miles from the voter's residence to reach the

polling place for the precinct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

742, Sec. 1, eff. September 1, 2005.

Sec. 42.002. REQUIRED USE OF COUNTY PRECINCTS. (a) The county

election precincts are the election precincts for the following

elections:

(1) the general election for state and county officers;

(2) a special election ordered by the governor;

(3) a primary election;

(4) a countywide election ordered by the commissioners court,

county judge, or other county authority, except an election

subject to Section 42.062(2); and

(5) as provided by Section 42.0621, any other election held on

the November uniform election date of a political subdivision,

other than a district that is created under Section 52, Article

III, or Section 59, Article XVI, Texas Constitution, and is

located in a county with a population of more than 3.3 million or

a county adjacent to a county with a population of more than 3.3

million.

(b) Except as provided by Sections 42.008 and 42.009, county

election precincts may not be consolidated for an election.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 114, Sec. 6, eff. Sept. 1, 1989.

Amended by:

Acts 2005, 79th Leg., Ch.

1042, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1261, Sec. 1, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

711, Sec. 1, eff. September 1, 2009.

Sec. 42.003. BOUNDARY DESCRIPTION. Each county election

precinct must be described by natural or artificial boundaries or

by survey lines.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.004. PRECINCT IDENTIFICATION. The commissioners court

shall identify each county election precinct by a number.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.005. RELATIONSHIP TO WARDS, DISTRICTS, AND JUSTICE AND

COMMISSIONERS PRECINCTS. (a) A county election precinct,

including a consolidated precinct, may not contain territory from

more than one of each of the following types of territorial

units:

(1) a commissioners precinct;

(2) a justice precinct;

(3) a congressional district;

(4) a state representative district;

(5) a state senatorial district;

(6) a ward in a city with a population of 10,000 or more; or

(7) a State Board of Education district.

(b) If application of this section conflicts with application of

Section 42.006, this section prevails.

(c) In this section, "ward" means a territorial unit of a city,

regardless of its designation under other law, from which a

member of the city's governing body is elected by only the voters

residing in the territorial unit.

(d) County election precincts are not required to comply with

Subsection (a)(6) if:

(1) the commissioners court by order recorded in its minutes

determines that compliance is impracticable because of the

requirements of a federal court order affecting elections in the

county; and

(2) not later than January 1 of each year, the voter registrar

furnishes to each political subdivision affected by the federal

court order that is authorized or required to hold elections in

the county during that year a list of registered voters for each

election precinct used in the political subdivision's elections.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 54, Sec. 4(a), eff. Sept. 1, 1987;

Acts 1989, 71st Leg., ch. 114, Sec. 7, eff. Sept. 1, 1989.

Sec. 42.0051. COMBINING CERTAIN PRECINCTS. (a) If changes in

county election precinct boundaries to give effect to a

redistricting plan result in county election precincts with a

number of registered voters less than 500, a commissioners court

for a general or special election, or for a primary election the

county executive committee of a political party conducting a

primary election, may combine county election precincts

notwithstanding Section 42.005 to avoid unreasonable expenditures

for election equipment, supplies, and personnel.

(b) County election precincts in a county with a population of

250,000 or more may also be combined under Subsection (a) if the

changes result in county election precincts with 500 or more but

fewer than 750 registered voters.

(c) A combined precinct under this section is subject to the

maximum population prescribed for a precinct under Section

42.006.

(d) A combined precinct may not be established if it:

(1) results in a dilution of voting strength of a group covered

by the federal Voting Rights Act (42 U.S.C. Section 1973c et

seq.);

(2) results in a dilution of representation of a group covered

by the Voting Rights Act in any political or electoral process or

procedure; or

(3) results in discouraging participation by a group covered by

the Voting Rights Act in any political or electoral process or

procedure because of the location of a polling place or other

factors.

Added by Acts 1993, 73rd Leg., ch. 205, Sec. 1, eff. May 19,

1993. Amended by Acts 1997, 75th Leg., ch. 1350, Sec. 1, eff.

Sept. 1, 1997.

Sec. 42.006. POPULATION REQUIREMENTS. (a) Except as otherwise

provided by this section, a county election precinct must contain

at least 100 but not more than 5,000 registered voters.

(b) For an election precinct in a county with a population under

100,000, the minimum number of registered voters the precinct may

contain is 50, except as provided by Subsection (c).

(c) In a county with a population under 50,000, a county

election precinct may contain fewer than 50 registered voters if

the commissioners court receives a written petition, signed by at

least 25 registered voters of the county, requesting

establishment or continuation of the precinct.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 5.001,

eff. September 1, 2007.

(e) In computing a number of registered voters under this

section, voters whose names appear on the list of registered

voters with the notation "S", or a similar notation, shall be

excluded.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 472, Sec. 8, eff. Sept. 1, 1987;

Acts 1995, 74th Leg., ch. 797, Sec. 36, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

742, Sec. 2, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.11(a), eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

1107, Sec. 1.11(b), eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

921, Sec. 5.001, eff. September 1, 2007.

Sec. 42.007. COMBINING INCORPORATED AND UNINCORPORATED

TERRITORY. A commissioners court may not establish a county

election precinct containing territory inside a city with a

population of 10,000 or more and unincorporated territory outside

that city unless the commissioners court determines that either

of the two areas:

(1) cannot constitute a separate election precinct of suitable

size or shape that contains the permissible number of voters; or

(2) cannot be combined with other territory on the same side of

the city boundary to form an election precinct of a suitable size

or shape that contains the permissible number of voters without

causing another election precinct to fail to meet those

requirements.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.008. CONSOLIDATING PRECINCTS IN SPECIAL ELECTION. (a)

In a special election for which use of county election precincts

is required, the commissioners court may consolidate, on the

recommendation of the county election board, two or more county

election precincts into a single precinct if the polling place is

located so it will adequately serve the voters of the

consolidated precinct.

(b) If county election precincts are consolidated for a

countywide election, at least one consolidated precinct must be

situated wholly within each commissioners precinct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1993, 73rd Leg., ch. 277, Sec. 1, eff. Sept. 1, 1993.

Sec. 42.009. CONSOLIDATING PRECINCTS IN PRIMARY ELECTION. The

county executive committee of a political party holding a primary

election may order two or more county election precincts

consolidated into a single precinct if:

(1) the polling place is located so it will adequately serve the

voters of the consolidated precinct; and

(2) at least one consolidated precinct is situated wholly within

each commissioners precinct.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 479, Sec. 3, eff. Sept. 1, 1987.

Sec. 42.010. RECOMMENDATION ON ELIMINATION OF LESS POPULOUS

PRECINCTS. (a) After each redistricting of a ward of a city

described by Section 42.005(a)(6), the commissioners court may

submit recommendations to the governing body of the city on

changes to the wards of the city to allow the county to eliminate

county election precincts with no population or a substantially

small population.

(b) After each redistricting of a territorial unit described by

Section 42.005(a)(1) or (2), the commissioners court shall

consider changes to the territorial units to allow the county to

eliminate county election precincts with no population or a

substantially small population.

(c) After each redistricting of a territorial unit described by

Section 42.005(a)(3), (4), (5), or (7), the commissioners court

may submit recommendations to the secretary of state on changes

to the territorial units to allow the county to eliminate county

election precincts with no population or a substantially small

population.

(d) For purposes of this section, a "substantially small

population" describes a precinct with a population of not more

than 10 persons or not more than 6 registered voters, according

to the most recent federal census or list of registered voters,

as applicable, as of the date of the redistricting.

(e) To be considered by the secretary of state, the

recommendations must be submitted in the manner prescribed by the

secretary.

(f) The secretary of state shall evaluate all timely

recommendations submitted in accordance with Subsection (e). The

secretary shall compile all recommendations for the elimination

of the county election precincts in a manner consistent with

state and federal law.

(g) The secretary of state shall file a report containing the

information described by Subsection (f) with the governor, the

lieutenant governor, and the speaker of the house of

representatives not later than the date of convening the first

regular legislative session that occurs after a redistricting of

a territorial unit described by Subsection (c). If the

information submitted is insufficient for the compilation

required by Subsection (f), the secretary shall include a

statement to that effect in the report.

Added by Acts 2001, 77th Leg., ch. 1048, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. CHANGING COUNTY PRECINCT BOUNDARIES

Sec. 42.031. REVIEWING PRECINCTS FOR COMPLIANCE: BOUNDARY

CHANGES. (a) During March or April of each odd-numbered year,

each commissioners court shall determine whether the county

election precincts comply with Sections 42.005, 42.006, and

42.007. The commissioners court may make that determination

during March or April of an even-numbered year. Before May 1 of

the year in which the determination is made, the commissioners

court shall order the boundary changes necessary for compliance.

(b) The commissioners court may order a boundary change only

during March or April unless the change is necessary to:

(1) comply with Section 42.005 or 42.032;

(2) reduce the number of registered voters in a precinct so it

does not exceed the maximum number permitted by Section 42.006;

or

(3) include within a precinct a suitable building available for

use as a polling place if no suitable building is available for

that purpose within the existing precinct boundary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.

Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes in

county election precinct boundaries are necessary to give effect

to a redistricting plan under Article III, Section 28, of the

Texas Constitution, each commissioners court shall order the

changes before October 1 of the year in which the redistricting

is done.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1987, 70th Leg., ch. 436, Sec. 16, eff. Sept. 1, 1987;

Acts 1987, 70th Leg., ch. 472, Sec. 9, eff. Sept. 1, 1987.

Sec. 42.033. EFFECTIVE DATE OF BOUNDARY CHANGE. (a) A change

in a county election precinct boundary takes effect on the first

day of the first even-numbered voting year following the voting

year in which the change is ordered.

(b) Except as provided by Subsection (c), for a boundary change

under Section 42.031(b), the commissioners court may order an

earlier effective date than that prescribed by Subsection (a) if:

(1) an election for an officer of a territorial unit under

Section 42.005(a) is scheduled or may be scheduled to be held

before the effective date of the change under Subsection (a) and

the territorial unit contains the election precinct as changed;

and

(2) the voter registrar has sufficient time to correct the

registration records before the effective date of the change.

(c) A change in a county election precinct boundary may not take

effect on a date occurring between the date of the general

primary election and the date of the general election for state

and county officers unless the change is necessary to:

(1) comply with Section 42.005 after a boundary change made

under Article V, Section 18, of the Texas Constitution;

(2) include within a precinct a suitable building available for

use as a polling place if no suitable building is available for

that purpose within the existing precinct boundary; or

(3) comply with a court order.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 114, Sec. 8, eff. Sept. 1, 1989.

Sec. 42.034. NOTICE TO REGISTRAR. The commissioners court shall

deliver a certified copy of an order changing a county election

precinct boundary to the voter registrar not later than the

seventh day after the date the order is adopted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.035. PUBLIC NOTICE. (a) Beginning with the first week

following the week in which an order changing a county election

precinct boundary is adopted, the commissioners court shall

publish notice of the change in a newspaper in the county once a

week for three consecutive weeks.

(b) The notice must include a brief, general description of the

boundary change.

(c) If no newspaper is published in the county, the

commissioners court shall post the notice at the county

courthouse on the bulletin board used for posting notice of

meetings of the commissioners court. The notice must remain

posted continuously for three consecutive weeks.

(d) The county clerk shall deliver a copy of the notice to the

secretary of state not later than the 20th day after the date the

order changing the boundary is adopted.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1989, 71st Leg., ch. 114, Sec. 9, eff. Sept. 1, 1989.

Sec. 42.036. ADDITIONAL NOTICE IN POPULOUS COUNTIES. (a) This

section applies only to a county with a population of one million

or more.

(b) The commissioners court shall deliver written notice of each

proposed change and of each order making a change in a county

election precinct boundary to:

(1) the county chair of each political party that held a primary

election in the county on the most recent general primary day;

(2) the political party's precinct chair of each affected

election precinct; and

(3) the presiding judge appointed by the commissioners court for

each affected election precinct.

(c) The notice of a proposed boundary change must be delivered

not later than the seventh day before the date of the

commissioners court meeting at which the proposed change will be

considered. The notice of an order making a boundary change must

be delivered not later than the seventh day after the date the

order is adopted.

(d) The notice of a proposed change must describe the proposed

change in brief, general terms, identify the precincts to be

affected by the proposed change, and state the date, hour, and

place of the meeting.

(e) The notice of an order making a boundary change must

describe the change in brief, general terms and identify the

changed precincts. As an alternative, the notice to the county

chair may be a copy of the order, and the notice to a precinct

chair or presiding judge may be a copy of the portion of the

order affecting the precinct served by that person.

(f) A person entitled to notice under this section may challenge

a boundary change made in violation of this section by petition

to the district court. The petition must be filed not later than

one year after the date the change is scheduled to take effect.

If the court determines that the commissioners court failed to

comply with this section, the court shall declare the boundary

change void. The validity of an election held before the date of

a final judgment declaring a change void is not affected by the

judgment. Noncompliance with this section may not be challenged

in any other manner.

(g) For one year following the effective date of a change in a

county election precinct boundary, the commissioners court shall

maintain a record containing a copy of each notice required by

this section in connection with the boundary change and showing

the date the notice was delivered.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended

by Acts 1991, 72nd Leg., ch. 597, Sec. 65, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 864, Sec. 42, eff. Sept. 1, 1997.

Sec. 42.037. FILING MAP OF PRECINCT BOUNDARY CHANGES WITH

SECRETARY OF STATE. (a) Not later than the 120th day after the

date an order changing a county election precinct boundary is

adopted, the county clerk shall deliver to the secretary of state

a map depicting the affected precinct's boundary as changed and

showing the number of the precinct.

(b) The secretary of state shall retain each map for 10 years

after receipt. After that period, the secretary shall transfer

the map to the state library.

(c) The state librarian shall retain the map for 20 years after

receipt.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

SUBCHAPTER C. OTHER ELECTION PRECINCTS

Sec. 42.061. PRECINCTS OF POLITICAL SUBDIVISION OTHER THAN

COUNTY. (a) The governing body of a political subdivision other

than a county shall establish the election precincts for

elections ordered by an authority of the political subdivision.

(b) The precincts may be established before each election or,

once established, remain established until changed, at the

governing body's discretion.

(c) An election precinct established for an election ordered by

a city authority may not divide a county election precinct except

as necessary to follow the city's boundary.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.0615. NOTICE TO REGISTRAR OF BOUNDARY CHANGE OF

POLITICAL SUBDIVISION. A political subdivision that changes its

boundaries or the boundaries of districts used to elect members

to the governing body of the political subdivision shall not

later than the 30th day after the date the change is adopted:

(1) notify the voter registrar of the county in which the area

subject to the boundary change is located of the adopted boundary

change; and

(2) provide the voter registrar with a map of an adopted

boundary change in a format that is compatible with the mapping

format used by the registrar's office.

Added by Acts 2005, 79th Leg., Ch.

709, Sec. 1, eff. September 1, 2005.

Sec. 42.062. PRECINCTS FOR CERTAIN SPECIAL ELECTIONS. A county

authority ordering an election shall establish the election

precincts for the election if:

(1) the election is a special election affecting only part of

the county; or

(2) the election relates to the creation, organization,

functioning, or existence of one or more political subdivisions

other than the county.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.0621. PRECINCTS FOR NOVEMBER ELECTION. (a) In an

election held on the November uniform election date, the

political subdivisions to which Section 42.002(a)(5) applies

shall use the regular county election precincts.

(b) If an election precinct is not located wholly within the

territory of a political subdivision holding an election in the

precinct or a district used to elect an office at the election,

election officials shall take reasonable measures to ensure that

a voter voting at that precinct may not vote in an election in

which the voter is not entitled to vote.

(c) This section does not require a political subdivision to

contract with a county under Section 31.092 or hold a joint

election with a county under Chapter 271.

(d) The secretary of state shall prescribe procedures to

implement this section.

Added by Acts 2005, 79th Leg., Ch.

1042, Sec. 2, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1261, Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

711, Sec. 2, eff. September 1, 2009.

Sec. 42.063. BOUNDARY DESCRIPTION. Each election precinct

established under this subchapter must be described by natural or

artificial boundaries, by survey lines, or if the precinct is

coterminous with one or more county election precincts, by use of

the county election precinct number or numbers.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.064. PRECINCT IDENTIFICATION. If more than one election

precinct is established under this subchapter, the authority

establishing the precincts shall identify each precinct by a name

or number.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Sec. 42.065. CONFLICTS WITH OTHER LAW. A law outside this

subchapter supersedes this subchapter to the extent of any

conflict.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.