ELECTION CODE
CHAPTER 42. ELECTION PRECINCTS
SUBCHAPTER A. COUNTY ELECTION PRECINCTS
§ 42.001. PRECINCTS ESTABLISHED BY COMMISSIONERS
COURT. 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.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 6, eff. Sept. 1, 1989.
§ 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; and
(4) a countywide election ordered by the commissioners
court, county judge, or other county authority, except an election
subject to Section 42.062(2).
(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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 6, eff. Sept. 1, 1989.
§ 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, § 1, eff. Jan. 1, 1986.
§ 42.004. PRECINCT IDENTIFICATION. The commissioners
court shall identify each county election precinct by a number.
Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 54, § 4(a), eff. Sept. 1, 1987; Acts
1989, 71st Leg., ch. 114, § 7, eff. Sept. 1, 1989.
§ 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, § 1, eff. May 19, 1993.
Amended by Acts 1997, 75th Leg., ch. 1350, § 1, eff. Sept. 1,
1997.
§ 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 2,000 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) In a county in which a voting system has been adopted for
use in the general election for state and county officers, the
maximum number of registered voters a precinct may contain is:
(1) 3,000, in a county with a population of 250,000 or
more;
(2) 4,000, in a county with a population of 175,000 or
more but less than 250,000; and
(3) 5,000, in a county with a population of less than
175,000.
(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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 472, § 8, eff. Sept. 1, 1987; Acts
1995, 74th Leg., ch. 797, § 36, eff. Sept. 1, 1995.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1993, 73rd Leg., ch. 277, § 1, eff. Sept. 1, 1993.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 479, § 3, eff. Sept. 1, 1987.
§ 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, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. CHANGING COUNTY PRECINCT BOUNDARIES
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 16, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 9, eff. Sept. 1, 1987.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1987, 70th Leg., ch. 436, § 16, eff. Sept. 1, 1987; Acts
1987, 70th Leg., ch. 472, § 9, eff. Sept. 1, 1987.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 8, eff. Sept. 1, 1989.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1989, 71st Leg., ch. 114, § 9, eff. Sept. 1, 1989.
§ 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, § 1, eff. Jan. 1, 1986. Amended by
Acts 1991, 72nd Leg., ch. 597, § 65, eff. Sept. 1, 1991; Acts
1997, 75th Leg., ch. 864, § 42, eff. Sept. 1, 1997.
§ 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, § 1, eff. Jan. 1, 1986.
SUBCHAPTER C. OTHER ELECTION PRECINCTS
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
§ 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, § 1, eff. Jan. 1, 1986.
