Texas 2019 - 86th Regular

Texas House Bill HB362 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R21176 ATP-D
1	2		By: Israel, Capriglione, Longoria, Klick, H.B. No. 362
2		-	Anchia, et al.
	3	+	Anchia
	4	+	Substitute the following for H.B. No. 362:
	5	+	By: Klick C.S.H.B. No. 362
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to the creation of a fund to assist local governments with
8	11		the acquisition of voting system equipment.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Chapter 123, Election Code, is amended by adding
11	14		Subchapter D to read as follows:
12	15		SUBCHAPTER D. VOTING SYSTEM FUND
13	16		Sec. 123.091. DEFINITIONS. In this subchapter:
14	17		(1) "Eligible equipment" means voting system
15	18		equipment that is certified by the United States Election
16	19		Assistance Commission and the secretary of state on the date it is
17	20		acquired and that uses or produces a paper ballot by which a voter
18	21		can verify that the voter's selections are accurately reflected.
19	22		(2) "Fund" means the voting system fund.
20	23		Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system
21	24		fund is an account in the general revenue fund.
22	25		(b) The fund consists of money transferred to the fund at
23	26		the discretion of the legislature.
24	27		(c) Money in the fund may be appropriated only for a grant
25	28		under Section 123.093.
26	29		(d) The fund is exempt from the application of Section
27	30		403.095, Government Code.
28		-	Sec. 123.093. GRANTS FROM FUND. (a) A county may ~~apply to~~
29		-	the secretary of state for a grant under this subchapter to ~~replace~~
30		-	voting system equipment or to reimburse the replacement or
	31	+	Sec. 123.093. GRANTS FROM FUND. (a) A county or city may
	32	+	apply to the secretary of state for a grant under this subchapter to
	33	+	replace voting system equipment or to reimburse the replacement or
31	34		conversion of voting system equipment purchased on or after
32		-	December 1, 2016. A county is eligible to receive a grant ~~equal to~~
33		-	not more than 50 percent of the total cost of the eligible
	35	+	December 1, 2016. A county or city is eligible to receive a grant
	36	+	equal to not more than 50 percent of the total cost of the eligible
34	37		equipment.
35	38		(b) The secretary of state shall develop criteria for the
36	39		fair and proportional distribution of grants that consider:
37	40		(1) the number of voters likely to be served by the
38	41		eligible equipment;
39	42		(2) the age and condition of any equipment replaced,
40	43		converted, or proposed for replacement or conversion;
41	44		(3) the need for equitable distribution of grant funds
42		-	to both rural and urban counties;
43		-	(4) whether the county governing body has adopted a
44		-	reasonable long-term plan to address the maintenance, repair, and
45		-	eventual replacement needs for the eligible equipment; and
	45	+	to both rural and urban counties and cities;
	46	+	(4) whether the county or city governing body has
	47	+	adopted a reasonable long-term plan to address the maintenance,
	48	+	repair, and eventual replacement needs for the eligible equipment;
	49	+	and
46	50		(5) any other factor considered relevant by the
47	51		secretary of state.
48	52		(c) If the total amount requested under qualifying grant
49	53		applications exceeds the total amount available for the purpose of
50	54		awarding grants, amounts shall be allocated using the criteria
51	55		developed by the secretary of state under Subsection (b).
52	56		Sec. 123.094. APPLICATION FOR GRANT; VERIFICATION OF COSTS.
53		-	(a) To receive a grant under Section 123.093, a county must ~~submit~~
54		-	an application to the secretary of state. The secretary of ~~state~~
55		-	shall prescribe a form for the application.
	57	+	(a) To receive a grant under Section 123.093, a county or city must
	58	+	submit an application to the secretary of state. The secretary of
	59	+	state shall prescribe a form for the application.
56	60		(b) The application must describe:
57	61		(1) the type or types of eligible equipment purchased,
58	62		leased, converted, or proposed for purchase, lease, or conversion;
59	63		(2) the actual or expected total cost of the eligible
60	64		equipment and any sources of funding used or that will be used for
61	65		its purchase, lease, or conversion in addition to the grant funding
62	66		provided by this subchapter;
63		-	(3) the county's plan to address the ~~long-term~~
64		-	maintenance, repair, and eventual replacement costs for ~~the~~
65		-	eligible equipment; and
	67	+	(3) the county's or city's plan to address the
	68	+	long-term maintenance, repair, and eventual replacement costs for
	69	+	the eligible equipment; and
66	70		(4) any other information required by the secretary of
67	71		state.
68	72		(c) The secretary of state shall establish:
69	73		(1) a deadline for receipt of grant applications;
70	74		(2) a procedure for awarding and distributing grants;
71	75		and
72	76		(3) a process for verifying the proper use of the
73	77		grants after distribution.
74	78		Sec. 123.095. STUDY ON VOTING SYSTEM FUNDING. (a) The
75	79		secretary of state, in cooperation with county officers who
76	80		administer elections, shall conduct a study to determine the best
77	81		manner in which to fund the voting system fund under this subchapter
78	82		for the replacement or conversion of voting system equipment, and
79	83		make recommendations based on the determinations.
80	84		(b) Not later than December 31, 2020, the secretary of state
81	85		shall report the study's findings to the committees of each house of
82	86		the legislature with jurisdiction over elections.
83	87		(c) This section expires September 1, 2021.
84		-	SECTION 2. The secretary of state is required to implement a
85		-	provision of this Act only if the legislature appropriates money
86		-	specifically for that purpose. If the legislature does not
87		-	appropriate money specifically for that purpose, the secretary of
88		-	state may, but is not required to, implement a provision of this Act
89		-	using other appropriations available for that purpose.
90		-	SECTION 3. This Act takes effect September 1, 2019.
	88	+	SECTION 2. This Act takes effect September 1, 2019.