Texas 2019 - 86th Regular

Texas House Bill HB4130 Compare Versions

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1-H.B. No. 4130
1+By: Swanson, et al. (Senate Sponsor - Creighton) H.B. No. 4130
2+ (In the Senate - Received from the House May 13, 2019;
3+ May 13, 2019, read first time and referred to Committee on State
4+ Affairs; May 16, 2019, reported favorably by the following vote:
5+ Yeas 9, Nays 0; May 16, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to use of an electronic device for accepting voters;
612 authorizing a fee.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
814 SECTION 1. Subchapter A, Chapter 31, Election Code, is
915 amended by adding Section 31.014 to read as follows:
1016 Sec. 31.014. CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
1117 VOTERS. (a) The secretary of state shall prescribe specific
1218 requirements and standards, consistent with this code, for the
1319 certification of an electronic device used to accept voters under
1420 Chapter 63 that require the device to:
1521 (1) produce an electronic copy of the list of voters
1622 who were accepted to vote for delivery to the election judge after
1723 the polls close;
1824 (2) display the voter's original signature in
1925 accordance with Section 63.002;
2026 (3) accept a voter for voting even when the device is
2127 off-line;
2228 (4) provide the full list of voters registered in the
2329 county with an indication of the jurisdictional or distinguishing
2430 number for each territorial unit in which each voter resides;
2531 (5) time-stamp when each voter is accepted at a
2632 polling place, including the voter's unique identifier;
2733 (6) if the county participates in the countywide
2834 polling place program under Section 43.007 or has more than one
2935 early voting polling place, transmit a time stamp when each voter is
3036 accepted, including the voter's unique identifier, to all polling
3137 place locations;
3238 (7) time-stamp the receipt of a transmission under
3339 Subdivision (6); and
3440 (8) produce in an electronic format compatible with
3541 the statewide voter registration list under Section 18.061 data for
3642 retention and transfer that includes:
3743 (A) the polling location in which the device was
3844 used;
3945 (B) the dated time stamp under Subdivision (5);
4046 and
4147 (C) the dated time stamp under Subdivision (7).
4248 (b) A device described by this section must be certified
4349 annually by the secretary of state.
4450 (c) The secretary of state shall adopt rules that require a
4551 device described by this section used during the early voting
4652 period or under the countywide polling place program under Section
4753 43.007 to update data in real time. If a county uses a device that
4854 does not comply with the rule in two consecutive general elections
4955 for state and county officers, the secretary of state shall assess a
5056 noncompliance fee. The noncompliance fee shall be set at an amount
5157 determined by secretary of state rule.
5258 SECTION 2. Section 63.003, Election Code, is amended by
5359 adding Subsection (d) to read as follows:
5460 (d) The poll list may be in the form of an electronic device
5561 approved by the secretary of state. The secretary of state shall
5662 adopt rules governing the use of electronic poll lists.
5763 SECTION 3. Section 63.004, Election Code, is amended by
5864 adding Subsection (e) to read as follows:
5965 (e) A combination form may be in the form of an electronic
6066 device approved by the secretary of state. The secretary of state
6167 shall adopt rules governing the minimum requirements and approval
6268 of an electronic device used for any form used in connection with
6369 the acceptance of voters at a polling place.
6470 SECTION 4. This Act takes effect September 1, 2019.
65- ______________________________ ______________________________
66- President of the Senate Speaker of the House
67- I certify that H.B. No. 4130 was passed by the House on May
68- 10, 2019, by the following vote: Yeas 141, Nays 0, 2 present, not
69- voting.
70- ______________________________
71- Chief Clerk of the House
72- I certify that H.B. No. 4130 was passed by the Senate on May
73- 21, 2019, by the following vote: Yeas 31, Nays 0.
74- ______________________________
75- Secretary of the Senate
76- APPROVED: _____________________
77- Date
78- _____________________
79- Governor
71+ * * * * *