85R12927 ADM-D
By: Klick H.B. No. 3386
A BILL TO BE ENTITLED
AN ACT
relating to consistency in election practices and procedures;
increasing the penalty for unlawful participation in a political
party's proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.058(a), Election Code, is amended to
read as follows:
(a) Except as otherwise provided by this code, the precinct
election records shall be preserved by the authority to whom they
are distributed[:
[(1) in an election involving a federal office,] for
at least 36 [22] months after election day [in accordance with
federal law; or
[(2) in an election not involving a federal office,
for at least six months after election day].
SECTION 2. Section 127.152(c), Election Code, is amended to
read as follows:
(c) The general custodian of election records shall
preserve the test materials for the period for preserving the
precinct election records [at least one year after election day or
for at least 22 months after election day for an election involving
a federal office].
SECTION 3. Section 129.023(f), Election Code, is amended to
read as follows:
(f) On completing the testing:
(1) the testing board shall witness and document all
steps taken to reset, seal, and secure any equipment or test
materials, as appropriate; and
(2) the general custodian for election records shall
preserve a copy of the system's software at a secure location that
is outside the administrator's and programming entity's control for
the period for preserving the precinct election records [until at
least 22 months after election day].
SECTION 4. Section 162.014(b), Election Code, is amended to
read as follows:
(b) An offense under this section is a felony of the second
degree unless the person is convicted of an attempt. In that case,
the offense is a state jail felony [Class C misdemeanor].
SECTION 5. The change in law made by this Act to Section
162.014, Election Code, applies only to an offense committed on or
after the effective date of this Act. An offense committed before
the effective date of this Act is governed by the law in effect when
the offense was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense was
committed before the effective date of this Act if any element of
the offense occurred before that date.
SECTION 6. This Act takes effect September 1, 2017.