CHAPTER 81. GENERAL PROVISIONS - Texas Statutes

ELECTION CODE

TITLE 7. EARLY VOTING

SUBTITLE A. EARLY VOTING

CHAPTER 81. GENERAL PROVISIONS

Sec. 81.001. EARLY VOTING REQUIRED. (a) In each election in

this state, early voting shall be conducted by personal

appearance at an early voting polling place and by mail.

(b) A reference in a law outside this code to "absentee voting"

means "early voting."

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.002. APPLICABILITY OF OTHER CODE PROVISIONS. The other

titles of this code apply to early voting except provisions that

are inconsistent with this title or that cannot feasibly be

applied to early voting.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.003. SUBSTITUTION OF ELECTRONIC SYSTEM BALLOTS FOR PAPER

BALLOTS. In an election in which an electronic voting system is

used in regular voting but not for all or part of the early

voting, the electronic system ballots prepared for use in regular

voting may be used for early voting, if practicable, at the

discretion of the authority responsible for having the official

ballot prepared for the election.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.004. LOCATION OF PUBLIC ELECTION RECORDS. Election

records for which the early voting clerk is custodian and that

are public information shall be kept:

(1) for an election in which a county clerk or city secretary is

the early voting clerk, at the early voting clerk's main business

office; or

(2) for any other election, at a location designated by the

authority appointing the clerk.

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

by Acts 1991, 72nd Leg., ch. 203, Sec. 2.03; Acts 1991, 72nd

Leg., ch. 554, Sec. 1, eff. Sept. 1, 1991.

Sec. 81.005. COMMON OR CONTRACT CARRIER. (a) A common or

contract carrier may not be used to perform an act in accordance

with this title unless the carrier:

(1) is a bona fide, for profit carrier, the primary business of

which is transporting or delivering property for compensation and

the business practices of which are reasonable and prudent

according to the usual standards for the business in which it is

engaged;

(2) routinely uses receipts that:

(A) permit the carrier to retrieve a receipt or information

contained in a receipt;

(B) provide space for the name and residence address of a person

who delivers a parcel to the carrier; and

(C) provide space for the date, time, and address at which

parcels are received by the carrier; and

(3) complies with laws requiring the carrier to file an assumed

name with each county in which the carrier receives or delivers

parcels or with the secretary of state, as appropriate.

(b) A common or contract carrier may not be used to perform an

act in accordance with this title if the carrier transports

property as an incidental activity of a nontransportation

business activity regardless of whether the carrier imposes a

separate charge for the transportation.

Added by Acts 1997, 75th Leg., ch. 1381, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 393, Sec. 6, eff.

Sept. 1, 2003.