(a) An election precinct to which Section 272.002 applies may be exempted from the bilingual requirement as provided by this section if official census information or other information indicates that persons of Spanish origin or descent comprise less than five percent of the precinct’s inhabitants.
(b) To exempt an election precinct from the bilingual requirement, the presiding officer of the governing body of the political subdivision responsible for the expenses of an election, with the approval of the governing body, must file with the authority responsible for procuring the election supplies for the political subdivision’s elections:
(1) a written certification by the presiding officer that the precinct qualifies for the exemption;
(2) a written summary of the official census information or other information relied on to support the exemption;
(3) a map or maps indicating the precinct’s boundary and the boundaries of the census enumeration areas referred to in the summary; and
(4) an authenticated copy of the resolution or other official action showing the governing body’s approval of the exemption.

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Terms Used In Texas Election Code 272.003

  • County election precinct: means an election precinct established under § 42. See Texas Election Code 1.005
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) An exemption is effective on the 30th day after the date the certification and other materials required by Subsection (b) are filed.
(d) In a primary election, each county election precinct that has been exempted under this section is exempt. If an election precinct that qualifies for exemption is not certified as exempt before the 60th day before primary election day, the secretary of state may exempt the precinct for the primary election by filing the certification and other materials as provided by Subsection (b).
(e) A precinct exempted under this section remains exempt until:
(1) the precinct becomes subject to Section 272.002 as a result of a subsequent federal decennial census; or
(2) the effective date of a change in the precinct’s boundary.