| 1 | 1 | | 81R9561 JRH-F |
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| 2 | 2 | | By: Rodriguez H.B. No. 2468 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to public access to the examination and approval of voting |
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| 8 | 8 | | systems used in an election. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 122.036, Election Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The examiners shall examine the voting system or voting |
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| 14 | 14 | | system equipment for which an application has been submitted at the |
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| 15 | 15 | | time and in the manner directed by the secretary of state except |
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| 16 | 16 | | that: |
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| 17 | 17 | | (1) the examination must occur at an open meeting |
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| 18 | 18 | | subject to Chapter 551, Government Code; and |
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| 19 | 19 | | (2) an audiovisual recording of the examination must |
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| 20 | 20 | | be created and made available to the public on request. |
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| 21 | 21 | | (c) Subchapter B, Chapter 2001, Government Code, applies to |
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| 22 | 22 | | all proposed certification examinations and decisions made as a |
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| 23 | 23 | | result of those examinations by the secretary of state under this |
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| 24 | 24 | | subchapter. |
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| 25 | 25 | | SECTION 2. Section 122.068, Election Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | Sec. 122.068. EXAMINATION AND REPORT BY EXAMINERS. (a) The |
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| 28 | 28 | | examiners shall examine the modified system or equipment and |
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| 29 | 29 | | prepare and deliver examination reports in the same manner as for an |
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| 30 | 30 | | application for initial approval of a system or equipment. |
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| 31 | 31 | | (b) Subchapter B, Chapter 2001, Government Code, applies to |
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| 32 | 32 | | all proposed modification examinations and certification decisions |
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| 33 | 33 | | made as a result of those examinations by the secretary of state |
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| 34 | 34 | | under this subchapter. |
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| 35 | 35 | | SECTION 3. Section 122.093, Election Code, is amended by |
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| 36 | 36 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 37 | 37 | | follows: |
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| 38 | 38 | | (a) The examiners shall examine the system or equipment to |
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| 39 | 39 | | be reexamined at the time and in the manner directed by the |
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| 40 | 40 | | secretary of state except that: |
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| 41 | 41 | | (1) the reexamination must occur at an open meeting |
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| 42 | 42 | | subject to Chapter 551, Government Code; and |
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| 43 | 43 | | (2) an audiovisual recording of the reexamination must |
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| 44 | 44 | | be created and made available to the public on request. |
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| 45 | 45 | | (c) Subchapter B, Chapter 2001, Government Code, applies to |
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| 46 | 46 | | all proposed reexaminations and certification decisions made as a |
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| 47 | 47 | | result of those examinations by the secretary of state under this |
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| 48 | 48 | | subchapter. |
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| 49 | 49 | | SECTION 4. This Act takes effect September 1, 2009. |
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