By: Hall S.B. No. 2353
(In the Senate - Filed March 8, 2019; March 21, 2019, read
first time and referred to Committee on State Affairs;
April 8, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2353 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a fund to assist local governments with
the acquisition of voting system equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 123, Election Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. VOTING SYSTEM FUND
Sec. 123.091. DEFINITIONS. In this subchapter:
(1) "Eligible equipment" means voting system
equipment that complies with applicable state and federal law on
the date it is acquired.
(2) "Fund" means the voting system fund.
Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system
fund is an account in the general revenue fund.
(b) The fund consists of money transferred to the fund at
the discretion of the legislature.
(c) Money in the fund may be appropriated only for a grant
under Section 123.093.
(d) The fund is exempt from the application of Section
403.095, Government Code.
Sec. 123.093. GRANTS FROM FUND. (a) A county or city may
apply to the secretary of state for a grant under this subchapter to
replace voting system equipment. A county or city is eligible to
receive a grant equal to not more than 50 percent of the total cost
of the eligible equipment.
(b) The secretary of state shall develop criteria for the
fair and proportional distribution of grants that consider:
(1) the number of voters likely to be served by the
eligible equipment;
(2) the age and condition of any equipment proposed
for replacement;
(3) the need for equitable distribution of grant funds
to both rural and urban counties and cities;
(4) whether the county or city governing body has
adopted a reasonable long-term plan to address the maintenance,
repair, and eventual replacement needs for the eligible equipment;
and
(5) any other factor considered relevant by the
secretary of state.
(c) If the total amount requested under qualifying grant
applications exceeds the total amount available for the purpose of
awarding grants, amounts shall be allocated using the criteria
developed by the secretary of state under Subsection (b).
Sec. 123.094. APPLICATION FOR GRANT; CERTIFICATION OF
COSTS. (a) To receive a grant under Section 123.093, a county or
city must submit an application to the secretary of state. The
secretary of state shall prescribe a form for the application.
(b) The application must describe:
(1) the type or types of eligible equipment proposed
for purchase or lease;
(2) the expected total cost of the eligible equipment
and any sources of funding that will be used for its purchase or
lease in addition to the grant funding provided by this subchapter;
(3) the county's or city's plan to address the
long-term maintenance, repair, and eventual replacement costs for
the eligible equipment; and
(4) any other information required by the secretary of
state.
(c) The secretary of state shall establish:
(1) a deadline for receipt of grant applications;
(2) a procedure for awarding and distributing grants;
and
(3) a process for verifying the proper use of the
grants after distribution.
SECTION 2. The secretary of state is required to implement a
provision of this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the secretary of
state may, but is not required to, implement a provision of this Act
using other appropriations available for that purpose.
SECTION 3. This Act takes effect September 1, 2019.
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