82R6914 JRJ-D
By: Zedler H.B. No. 1926
A BILL TO BE ENTITLED
AN ACT
relating to the administration of elections; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1, Election Code, is amended by adding
Section 1.021 to read as follows:
Sec. 1.021. STATEWIDE INFORMATION SYSTEM. Each county must
adopt an information reporting system that is part of or compatible
with a unified statewide system for the management of election
administration.
SECTION 2. Section 32.075, Election Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) The presiding judge or a special peace officer appointed
under this section may not remove an alternate presiding judge from
the polling place without:
(1) the approval of an election official other than:
(A) the presiding judge; or
(B) a special peace officer appointed by the
presiding judge; and
(2) the documentation and certification by the
presiding judge of the reason for removal.
(g) A person is eligible for appointment as a special peace
officer under Subsection (b) only if the person is licensed as a
peace officer by the Commission on Law Enforcement Officer
Standards and Education.
SECTION 3. Section 33.006(b), Election Code, is amended to
read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing
authority or, for an appointment for a write-in candidate under
Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing
authority is acting;
(3) state the name, residence address, and voter
registration number of the appointee and be signed by the
appointee;
(4) identify the election and the precinct polling
place or other location at which the appointee is to serve;
(5) in an election on a measure, identify the measure
if more than one is to be voted on and state which side of the
measure the appointee represents; and
(6) contain an affidavit executed by the appointee
stating that the appointee will not use a device capable [have
possession of any mechanical or electronic means] of recording
images or sound in a manner that violates the confidentiality of a
voter or a voter's ballot while serving as a watcher.
SECTION 4. Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.008 to read as follows:
Sec. 33.008. CONFIDENTIAL INFORMATION. (a) Any
information provided by a watcher under this chapter that may be
used to identify the watcher is confidential and may be used only
for election administration purposes.
(b) It is an offense to disclose information described by
Subsection (a) without the permission of the watcher.
(c) An offense under this section is a Class B misdemeanor.
SECTION 5. Section 33.051(c), Election Code, is amended to
read as follows:
(c) A watcher may not be accepted for service if the watcher
has possession of a device capable [any mechanical or electronic
means] of recording images or sound unless the watcher agrees not to
use the device in a manner that violates the confidentiality of a
voter or a voter's ballot. [The presiding judge may inquire whether
a watcher has possession of any prohibited recording device before
accepting the watcher for service.]
SECTION 6. Section 213.013(i), Election Code, is amended to
read as follows:
(i) No device capable [mechanical or electronic means] of
recording images or sound is [are] allowed inside the room in which
the recount is conducted, or in any hallway or corridor in the
building in which the recount is conducted within 30 feet of the
entrance to the room, while the recount is in progress unless the
person entitled to be present at the recount agrees not to use the
device in a manner that violates the confidentiality of a voter or a
voter's ballot. However, on request of a person entitled to appoint
watchers to serve at the recount, the recount committee chair shall
permit the person to photocopy under the chair's supervision any
ballot, including any supporting materials, challenged by the
person or person's watcher. The person must pay a reasonable charge
for making the copies and, if no photocopying equipment is
available, may supply that equipment at the person's expense. The
person shall provide a copy on request to another person entitled to
appoint watchers to serve at the recount.
SECTION 7. This Act takes effect September 1, 2011.