| 1 | 1 | | 86R4744 ATP-D |
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| 2 | 2 | | By: Anchia H.B. No. 1205 |
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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 the creation of a fund to assist local governments with |
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| 8 | 8 | | the acquisition of voting system equipment. |
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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. Chapter 123, Election Code, is amended by adding |
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| 11 | 11 | | Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. VOTING SYSTEM FUND |
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| 13 | 13 | | Sec. 123.091. DEFINITIONS. In this subchapter: |
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| 14 | 14 | | (1) "Eligible equipment" means voting system |
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| 15 | 15 | | equipment that complies with applicable state and federal law on |
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| 16 | 16 | | the date it is acquired. |
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| 17 | 17 | | (2) "Fund" means the voting system fund. |
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| 18 | 18 | | Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system |
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| 19 | 19 | | fund is an account in the general revenue fund. |
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| 20 | 20 | | (b) The fund consists of money transferred from the economic |
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| 21 | 21 | | stabilization fund to the voting system fund. |
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| 22 | 22 | | (c) Money in the fund may be appropriated only for a grant |
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| 23 | 23 | | under Section 123.093. |
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| 24 | 24 | | (d) The fund is exempt from the application of Section |
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| 25 | 25 | | 403.095, Government Code. |
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| 26 | 26 | | Sec. 123.093. GRANTS FROM FUND. (a) A county or city may |
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| 27 | 27 | | apply to the secretary of state for a grant under this subchapter to |
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| 28 | 28 | | replace voting system equipment. A county or city is eligible to |
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| 29 | 29 | | receive a grant equal to not more than 50 percent of the total cost |
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| 30 | 30 | | of the eligible equipment. |
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| 31 | 31 | | (b) The secretary of state shall develop criteria for the |
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| 32 | 32 | | fair and proportional distribution of grants that consider: |
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| 33 | 33 | | (1) the number of voters likely to be served by the |
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| 34 | 34 | | eligible equipment; |
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| 35 | 35 | | (2) the age and condition of any equipment proposed |
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| 36 | 36 | | for replacement; |
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| 37 | 37 | | (3) the need for equitable distribution of grant funds |
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| 38 | 38 | | to both rural and urban counties and cities; |
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| 39 | 39 | | (4) whether the county or city governing body has |
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| 40 | 40 | | adopted a reasonable long-term plan to address the maintenance, |
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| 41 | 41 | | repair, and eventual replacement needs for the eligible equipment; |
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| 42 | 42 | | and |
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| 43 | 43 | | (5) any other factor considered relevant by the |
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| 44 | 44 | | secretary of state. |
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| 45 | 45 | | (c) If the total amount requested under qualifying grant |
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| 46 | 46 | | applications exceeds the total amount available for the purpose of |
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| 47 | 47 | | awarding grants, amounts shall be allocated using the criteria |
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| 48 | 48 | | developed by the secretary of state under Subsection (b). |
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| 49 | 49 | | Sec. 123.094. APPLICATION FOR GRANT; CERTIFICATION OF |
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| 50 | 50 | | COSTS. (a) To receive a grant under Section 123.093, a county or |
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| 51 | 51 | | city must submit an application to the secretary of state. The |
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| 52 | 52 | | secretary of state shall prescribe a form for the application. |
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| 53 | 53 | | (b) The application must describe: |
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| 54 | 54 | | (1) the type or types of eligible equipment proposed |
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| 55 | 55 | | for purchase or lease; |
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| 56 | 56 | | (2) the expected total cost of the eligible equipment |
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| 57 | 57 | | and any sources of funding that will be used for its purchase or |
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| 58 | 58 | | lease in addition to the grant funding provided by this subchapter; |
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| 59 | 59 | | (3) the county's or city's plan to address the |
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| 60 | 60 | | long-term maintenance, repair, and eventual replacement costs for |
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| 61 | 61 | | the eligible equipment; and |
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| 62 | 62 | | (4) any other information required by the secretary of |
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| 63 | 63 | | state. |
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| 64 | 64 | | (c) The secretary of state shall establish: |
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| 65 | 65 | | (1) a deadline for receipt of grant applications; |
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| 66 | 66 | | (2) a procedure for awarding and distributing grants; |
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| 67 | 67 | | and |
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| 68 | 68 | | (3) a process for verifying the proper use of the |
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| 69 | 69 | | grants after distribution. |
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| 70 | 70 | | SECTION 2. This Act takes effect September 1, 2019. |
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