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Texas Statutes § 42.036 Additional Notice in Populous Counties

⤴ Up to Subchapter B: Changing County Precinct Boundaries

Statute Text

(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.

History

Amended by Acts 1997 , 75th Leg., ch. 864 , Sec. 42 , eff. 9/1/1997 .

Amended by Acts 1991 , 72nd Leg., ch. 597 , Sec. 65, eff. 9/1/1991

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

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