Texas 2019 - 86th Regular

Texas Senate Bill SB9 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R33408 ADM-F
2		-	By: Hughes, et al. S.B. No. 9
3		-	(Klick)
4		-	Substitute the following for S.B. No. 9: No.
	1	+	By: Hughes, Hall S.B. No. 9
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to election integrity; increasing criminal penalties;
10		-	creating criminal ~~offenses~~; creating civil penalties.
	7	+	creating a criminal offense; creating civil penalties.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		ARTICLE 1. CRIMINAL PROVISIONS
13	10		SECTION 1.01. Article 12.01, Code of Criminal Procedure, is
14	11		amended to read as follows:
15	12		Art. 12.01. FELONIES. Except as provided in Article 12.03,
16	13		felony indictments may be presented within these limits, and not
17	14		afterward:
18	15		(1) no limitation:
19	16		(A) murder and manslaughter;
20	17		(B) sexual assault under Section 22.011(a)(2),
21	18		Penal Code, or aggravated sexual assault under Section
22	19		22.021(a)(1)(B), Penal Code;
23	20		(C) sexual assault, if:
24	21		(i) during the investigation of the offense
25	22		biological matter is collected and subjected to forensic DNA
26	23		testing and the testing results show that the matter does not match
27	24		the victim or any other person whose identity is readily
28	25		ascertained; or
29	26		(ii) probable cause exists to believe that
30	27		the defendant has committed the same or a similar sexual offense
31	28		against five or more victims;
32	29		(D) continuous sexual abuse of young child or
33	30		children under Section 21.02, Penal Code;
34	31		(E) indecency with a child under Section 21.11,
35	32		Penal Code;
36	33		(F) an offense involving leaving the scene of an
37	34		accident under Section 550.021, Transportation Code, if the
38	35		accident resulted in the death of a person;
39	36		(G) trafficking of persons under Section
40	37		20A.02(a)(7) or (8), Penal Code;
41	38		(H) continuous trafficking of persons under
42	39		Section 20A.03, Penal Code; or
43	40		(I) compelling prostitution under Section
44	41		43.05(a)(2), Penal Code;
45	42		(2) ten years from the date of the commission of the
46	43		offense:
47	44		(A) theft of any estate, real, personal or mixed,
48	45		by an executor, administrator, guardian or trustee, with intent to
49	46		defraud any creditor, heir, legatee, ward, distributee,
50	47		beneficiary or settlor of a trust interested in such estate;
51	48		(B) theft by a public servant of government
52	49		property over which he exercises control in his official capacity;
53	50		(C) forgery or the uttering, using or passing of
54	51		forged instruments;
55	52		(D) injury to an elderly or disabled individual
56	53		punishable as a felony of the first degree under Section 22.04,
57	54		Penal Code;
58	55		(E) sexual assault, except as provided by
59	56		Subdivision (1);
60	57		(F) arson;
61	58		(G) trafficking of persons under Section
62	59		20A.02(a)(1), (2), (3), or (4), Penal Code; or
63	60		(H) compelling prostitution under Section
64	61		43.05(a)(1), Penal Code;
65	62		(3) seven years from the date of the commission of the
66	63		offense:
67	64		(A) misapplication of fiduciary property or
68	65		property of a financial institution;
69	66		(B) securing execution of document by deception;
70	67		(C) a felony violation under Chapter 162, Tax
71	68		Code;
72	69		(D) false statement to obtain property or credit
73	70		under Section 32.32, Penal Code;
74	71		(E) money laundering;
75	72		(F) credit card or debit card abuse under Section
76	73		32.31, Penal Code;
77	74		(G) fraudulent use or possession of identifying
78	75		information under Section 32.51, Penal Code;
79	76		(H) exploitation of a child, elderly individual,
80	77		or disabled individual under Section 32.53, Penal Code;
81	78		(I) Medicaid fraud under Section 35A.02, Penal
82	79		Code; or
83	80		(J) bigamy under Section 25.01, Penal Code,
84	81		except as provided by Subdivision (6);
85	82		(4) five years from the date of the commission of the
86	83		offense:
87	84		(A) theft or robbery;
88	85		(B) except as provided by Subdivision (5),
89	86		kidnapping or burglary;
90	87		(C) injury to an elderly or disabled individual
91	88		that is not punishable as a felony of the first degree under Section
92	89		22.04, Penal Code;
93	90		(D) abandoning or endangering a child; [or]
94	91		(E) insurance fraud; or
95	92		(F) a felony offense under the Election Code;
96	93		(5) if the investigation of the offense shows that the
97	94		victim is younger than 17 years of age at the time the offense is
98	95		committed, 20 years from the 18th birthday of the victim of one of
99	96		the following offenses:
100	97		(A) sexual performance by a child under Section
101	98		43.25, Penal Code;
102	99		(B) aggravated kidnapping under Section
103	100		20.04(a)(4), Penal Code, if the defendant committed the offense
104	101		with the intent to violate or abuse the victim sexually; or
105	102		(C) burglary under Section 30.02, Penal Code, if
106	103		the offense is punishable under Subsection (d) of that section and
107	104		the defendant committed the offense with the intent to commit an
108	105		offense described by Subdivision (1)(B) or (D) of this article or
109	106		Paragraph (B) of this subdivision;
110	107		(6) ten years from the 18th birthday of the victim of
111	108		the offense:
112	109		(A) trafficking of persons under Section
113	110		20A.02(a)(5) or (6), Penal Code;
114	111		(B) injury to a child under Section 22.04, Penal
115	112		Code; or
116	113		(C) bigamy under Section 25.01, Penal Code, if
117	114		the investigation of the offense shows that the person, other than
118	115		the legal spouse of the defendant, whom the defendant marries or
119	116		purports to marry or with whom the defendant lives under the
120	117		appearance of being married is younger than 18 years of age at the
121	118		time the offense is committed; or
122	119		(7) three years from the date of the commission of the
123	120		offense: all other felonies.
124	121		SECTION 1.02. Section 1.018, Election Code, is amended to
125	122		read as follows:
126	123		Sec. 1.018. APPLICABILITY OF PENAL CODE. Titles 1 through 4
127	124		[In addition to Section 1.03, Penal Code, and to other titles of the
128	125		Penal Code that may apply to this code, Title 4], Penal Code, apply
129	126		[applies] to offenses prescribed by this code.
130	127		SECTION 1.03. Sections 13.007(b) and (c), Election Code,
131	128		are amended to read as follows:
132	129		(b) An offense under this section is a state jail felony
133	130		[Class B misdemeanor].
134	131		(c) If conduct that constitutes an offense under this
135	132		section also constitutes an offense under other law, the actor may
136	133		be prosecuted under this section, the other law, or both. [For
137	134		purposes of this code, an offense under this section is considered
138	135		to be perjury, but may be prosecuted only under this section.]
139		-	SECTION 1.04. Subchapter A, Chapter 61, Election Code, is
140		-	amended by adding Section 61.0045 to read as follows:
141		-	Sec. 61.0045. IMPEDING ACCESS TO POLLING PLACE. (a) A
142		-	person commits an offense if the person impedes a walkway,
143		-	sidewalk, parking lot, or roadway within 100 feet of a polling place
144		-	in a manner that hinders a person from entering the polling place.
145		-	(b) An offense under this section is a Class B misdemeanor.
146		-	(c) It is a defense to prosecution under this section that
147		-	at the time of the offense, the person was performing an official
148		-	duty as a first responder.
149		-	(d) In this section, "first responder" has the meaning
150		-	assigned by Section 421.095, Government Code.
151		-	SECTION 1.05. Subchapter A, Chapter 64, Election Code, is
152		-	amended by adding Section 64.0101 to read as follows:
153		-	Sec. 64.0101. UNLAWFULLY TAKING BALLOT. (a) A person
154		-	commits an offense if the person takes from a voter without the
155		-	voter's permission a ballot that was provided at the polling place
156		-	to the voter.
157		-	(b) An offense under this section is a Class B misdemeanor,
158		-	unless the person is serving as a watcher under Subchapter A,
159		-	Chapter 33, at the time of the offense, in which case it is a Class A
160		-	misdemeanor.
161		-	(c) It is a defense to prosecution under this section that
162		-	the person was an election officer performing an official duty at
163		-	the time the person took the ballot.
164		-	SECTION 1.06. Section 64.012, Election Code, is amended by
165		-	adding Subsections (c), (d), and (e) to read as follows:
166		-	(c) It is sufficient for the purposes of Subsection (a)(1)
167		-	to establish that the person had knowledge of the person's
168		-	ineligibility to vote if the person was aware of the facts or
169		-	circumstances causing the person's ineligibility under this code.
170		-	(d) It is not a defense to prosecution that the ballot was
171		-	not finally counted.
172		-	(e) It is an affirmative defense to prosecution under
173		-	Subsection (a)(1) that the voter cast or attempted to cast a
174		-	provisional ballot.
175		-	SECTION 1.07. Section 64.036(d), Election Code, is amended
176		-	to read as follows:
177		-	(d) An offense under this section is a state jail felony
178		-	[Class A misdemeanor].
179		-	SECTION 1.08. Subchapter A, Chapter 125, Election Code, is
180		-	amended by adding Sections 125.0041 and 125.011 to read as follows:
181		-	Sec. 125.0041. VOTING SYSTEM PROCEDURES BEFORE OPENING
182		-	POLLING PLACE; CRIMINAL OFFENSE. (a) Before opening the polls for
183		-	voting, the presiding election judge shall confirm that each voting
184		-	machine has any public counter reset to zero and shall print the
185		-	tape that shows the counter was set to zero.
	136	+	SECTION 1.04. Section 61.002, Election Code, is amended to
	137	+	read as follows:
	138	+	Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before
	139	+	opening the polls for voting, the presiding election judge shall
	140	+	confirm that each voting machine has any public counter reset to
	141	+	zero and shall print the tape that shows the counter was set to
	142	+	zero.
186	143		(b) Each election judge present shall sign a tape printed
187	144		under Subsection (a). A representative from each political party
188	145		required to nominate candidates by primary election, if present at
189	146		the polling place, shall sign a tape printed under Subsection (a).
190	147		(c) The commissioners court of a county that participates in
191	148		the countywide polling place program under Section 43.007 may apply
192	149		to the secretary of state for a waiver of the requirements of
193	150		Subsections (a) and (b) in a form prescribed by the secretary of
194	151		state. If the secretary of state grants the waiver, Subsections (a)
195	152		and (b) do not apply to the county for which the waiver was granted.
196	153		(d) A presiding election judge commits an offense if the
197	154		judge is required to comply with Subsection (a) and fails to comply
198	155		with the requirements of that subsection. An offense under this
199	156		section is a Class B misdemeanor.
200		-	Sec. 125.011. VOTING SYSTEM PROCEDURES FOR CLOSING POLLING
201		-	PLACE; CRIMINAL OFFENSE. (a) Before closing the polling place on
202		-	election day, the presiding judge shall verify and document the
203		-	number on the public counter of each voting machine and shall print
204		-	a minimum of three copies of each tally tape. The presiding judge
205		-	shall sign each copy to certify its accuracy and distribute the
206		-	tapes in accordance with this code.
207		-	(b) Any watcher present at the polling place must be allowed
208		-	to inspect and sign each copy of the tally tape, and may request an
209		-	additional copy to be printed for the watcher's records.
210		-	(c) The requirements of this section must be completed
211		-	before any voting system equipment is removed from the polling
212		-	place.
213		-	(d) The commissioners court of a county that participates in
214		-	the countywide polling place program under Section 43.007 may apply
215		-	to the secretary of state for a waiver of the requirements of
216		-	Subsections (a) and (b) in a form prescribed by the secretary of
217		-	state. If the secretary of state grants the waiver, Subsections (a)
218		-	and (b) do not apply to the county for which the waiver was granted.
219		-	(e) A presiding judge commits an offense if the judge is
220		-	required to comply with Subsections (a) and (b) and fails to comply
221		-	with those subsections. An offense under this subsection is a Class
222		-	B misdemeanor.
223		-	SECTION 1.09. Subchapter A, Chapter 273, Election Code, is
	157	+	(e) At the official time for opening the polls for voting,
	158	+	an election officer shall open the polling place entrance and admit
	159	+	the voters.
	160	+	SECTION 1.05. Subchapter A, Chapter 61, Election Code, is
	161	+	amended by adding Section 61.0045 to read as follows:
	162	+	Sec. 61.0045. IMPEDING ACCESS TO POLLING PLACE. (a) A
	163	+	person commits an offense if the person impedes a walkway,
	164	+	sidewalk, parking lot, or roadway within 500 feet of a polling place
	165	+	in a manner that hinders a person from entering the polling place.
	166	+	(b) An offense under this section is a Class B misdemeanor.
	167	+	(c) It is a defense to prosecution under this section that
	168	+	at the time of the offense, the person was performing an official
	169	+	duty as a first responder.
	170	+	(d) In this section, "first responder" has the meaning
	171	+	assigned by Section 421.095, Government Code.
	172	+	SECTION 1.06. Subchapter A, Chapter 64, Election Code, is
	173	+	amended by adding Section 64.0101 to read as follows:
	174	+	Sec. 64.0101. UNLAWFULLY TAKING BALLOT. (a) A person
	175	+	commits an offense if the person takes from a voter without the
	176	+	voter's permission a ballot that was provided at the polling place
	177	+	to the voter.
	178	+	(b) An offense under this section is a Class B misdemeanor,
	179	+	unless the person is serving as a watcher under Subchapter A,
	180	+	Chapter 33, at the time of the offense, in which case it is a Class A
	181	+	misdemeanor.
	182	+	(c) It is a defense to prosecution under this section that
	183	+	the person was an election officer performing an official duty at
	184	+	the time the person took the ballot.
	185	+	SECTION 1.07. Section 64.012, Election Code, is amended by
	186	+	adding Subsections (c) and (d) to read as follows:
	187	+	(c) It is sufficient for the purposes of Subsection (a)(1)
	188	+	to establish that the person had knowledge of the person's
	189	+	ineligibility to vote if the person was aware of the facts or
	190	+	circumstances causing the person's ineligibility under this code.
	191	+	(d) It is not a defense to prosecution that the ballot was
	192	+	not finally counted.
	193	+	SECTION 1.08. Section 64.036(d), Election Code, is amended
	194	+	to read as follows:
	195	+	(d) An offense under this section is a state jail felony
	196	+	[Class A misdemeanor].
	197	+	SECTION 1.09. Section 65.014, Election Code, is amended by
	198	+	amending Subsection (c) and adding Subsections (c-1), (c-2), (c-3),
	199	+	and (c-4) to read as follows:
	200	+	(c) The returns shall be prepared as an original and four
	201	+	[three] copies, and on completing the returns, the presiding judge
	202	+	shall sign each one to certify its accuracy.
	203	+	(c-1) Any watcher present at the polling place must be
	204	+	allowed to inspect and sign each copy of the returns, and may
	205	+	request an additional copy to be printed for the watcher's records.
	206	+	The requirements of this subsection must be completed before any
	207	+	voting system equipment is removed from the polling place.
	208	+	(c-2) The presiding judge shall publicly post at the polling
	209	+	place one of the copies printed under Subsection (c) before the
	210	+	presiding judge leaves the premises.
	211	+	(c-3) The commissioners court of a county that participates
	212	+	in the countywide polling place program under Section 43.007 may
	213	+	apply to the secretary of state for a waiver of the requirements of
	214	+	Subsections (c-1) and (c-2) in a form prescribed by the secretary of
	215	+	state. If the secretary of state grants the waiver, Subsections
	216	+	(c-1) and (c-2) do not apply to the county for which the waiver was
	217	+	granted.
	218	+	(c-4) A presiding judge commits an offense if the judge is
	219	+	required to comply with Subsections (c-1) and (c-2) and fails to
	220	+	comply with those subsections. An offense under this subsection is
	221	+	a Class B misdemeanor.
	222	+	SECTION 1.10. Subchapter A, Chapter 273, Election Code, is
224	223		amended by adding Section 273.005 to read as follows:
225	224		Sec. 273.005. DEFENSE TO PROSECUTION FOR PERSON CONDUCTING
226		-	INVESTIGATION UNDER THIS CODE. ~~(a)~~ It is a defense to prosecution
227		-	~~of an~~ offense under this code that a person employed by a law
228		-	~~enforcement~~ agency in the commission of the offense is engaged in:
	225	+	INVESTIGATION UNDER THIS CODE. It is a defense to prosecution of an
	226	+	offense under this code that a person employed by a law enforcement
	227	+	agency in the commission of the offense is engaged in:
229	228		(1) the investigation or prosecution of a violation of
230	229		a law under this code; or
231	230		(2) official activities investigating a weakness in
232	231		the electoral process.
233		-	(b) Subsection (a) does not apply to a person employed by a
234		-	law enforcement agency that engages in an activity described in
235		-	Subsection (a) that results in casting a vote for an eligible
236		-	candidate or for or against a measure.
237		-	SECTION 1.10. Section 276.001, Election Code, is amended by
	232	+	SECTION 1.11. Section 276.001, Election Code, is amended by
238	233		amending Subsection (b) and adding Subsection (c) to read as
239	234		follows:
240	235		(b) Except as provided by Subsection (c), an [An] offense
241	236		under this section is a felony of the third degree.
242	237		(c) An offense under Subsection (a)(1) is a felony of the
243	238		second degree if the person is serving as a watcher under Subchapter
244	239		A, Chapter 33, at the time of the offense.
245		-	SECTION 1.11. (a) The change in law made by this article in
	240	+	SECTION 1.12. (a) The change in law made by this article in
246	241		amending Article 12.01, Code of Criminal Procedure, does not apply
247	242		to an offense if the prosecution of that offense becomes barred by
248	243		limitation before the effective date of this Act. The prosecution
249	244		of that offense remains barred as if this article had not taken
250	245		effect.
251	246		(b) The changes in law made by this article apply only to an
252	247		offense committed on or after the effective date of this Act. An
253	248		offense committed before the effective date of this Act is governed
254	249		by the law in effect on the date the offense was committed, and the
255	250		former law is continued in effect for that purpose. For purposes of
256	251		this section, an offense was committed before the effective date of
257	252		this Act if any element of the offense occurred before that date.
258	253		ARTICLE 2. VOTERS, ASSISTANTS, AND WATCHERS
259	254		SECTION 2.01. Section 13.002, Election Code, is amended by
260	255		adding Subsection (c-1) to read as follows:
261	256		(c-1) An application may not be accepted if, at the time the
262	257		applicant received the application, a box on the application was
263	258		marked to indicate that the applicant:
264	259		(1) is a United States citizen; or
265	260		(2) will be 18 years of age or older on election day.
266	261		SECTION 2.02. Section 33.004(b), Election Code, is amended
267	262		to read as follows:
268	263		(b) To be eligible to participate in the appointment under
269	264		this section of a watcher for a precinct polling place, a person
270	265		must be a registered voter of the precinct. To be eligible to
271	266		participate in the appointment under this section of a watcher for
272	267		an early voting polling place, the meeting place of an early voting
273	268		ballot board or signature verification committee, or a central
274	269		counting station, a person must be a registered voter of the
275	270		territory served by that facility.
276	271		SECTION 2.03. Section 33.006(b), Election Code, is amended
277	272		to read as follows:
278	273		(b) A certificate of appointment must:
279	274		(1) be in writing and signed by the appointing
280	275		authority or, for an appointment for a write-in candidate under
281	276		Section 33.004, by each of the voters making the appointment;
282	277		(2) indicate the capacity in which the appointing
283	278		authority is acting;
284	279		(3) state the name, residence address, and voter
285	280		registration number of the appointee and be signed by the
286	281		appointee;
287	282		(4) identify the election and the precinct polling
288	283		place or other location at which the appointee is to serve;
289	284		(5) in an election on a measure, identify the measure
290	285		if more than one is to be voted on and state which side of the
291	286		measure the appointee represents; and
292	287		(6) contain an affidavit executed by the appointee
293	288		stating that the appointee will not use [have possession of] a
294	289		device capable of recording images or sound [or that the appointee
295	290		will disable or deactivate the device] while serving as a watcher
296	291		except as permitted by Section 61.014(b).
297	292		SECTION 2.04. Section 33.007(a), Election Code, is amended
298	293		to read as follows:
299	294		(a) Each appointing authority may appoint not more than two
300	295		watchers for each precinct polling place, meeting place for an
301	296		early voting ballot board or signature verification committee, or
302	297		central counting station involved in the election.
303	298		SECTION 2.05. Section 33.051(a), Election Code, is amended
304	299		to read as follows:
305	300		(a) A watcher appointed to serve at a precinct polling
306	301		place, a meeting place for an early voting ballot board or signature
307	302		verification committee, or a central counting station must deliver
308	303		a certificate of appointment to the presiding judge at the time the
309	304		watcher reports for service. A watcher appointed to serve at an
310	305		early voting polling place must deliver a certificate of
311	306		appointment to the early voting clerk or deputy clerk in charge of
312	307		the polling place when the watcher first reports for service.
313	308		SECTION 2.06. Section 33.054, Election Code, is amended to
314	309		read as follows:
315	310		Sec. 33.054. HOURS OF SERVICE AT EARLY VOTING BALLOT BOARD
316	311		MEETING OR SIGNATURE VERIFICATION COMMITTEE MEETING. (a) A
317	312		watcher serving at the meeting place of an early voting ballot board
318	313		or signature verification committee may be present at any time the
319	314		board or committee is processing or counting ballots and until the
320	315		board or committee completes its duties. The watcher may serve
321	316		during the hours the watcher chooses, except as provided by
322	317		Subsection (b).
323	318		(b) A watcher serving at the meeting place of an early
324	319		voting ballot board may not leave during voting hours on election
325	320		day without the presiding judge's permission if the board has
326	321		recorded any votes cast on voting machines or counted any ballots,
327	322		unless the board has completed its duties and has been dismissed by
328	323		the presiding judge.
329	324		SECTION 2.07. Section 33.056, Election Code, is amended by
330		-	adding ~~Subsection~~ (e) to read as follows:
	325	+	adding Subsections (e) and (f) to read as follows:
331	326		(e) A watcher serving at the meeting place of an early
332	327		voting ballot board or signature verification committee is entitled
333	328		to inspect a form submitted in accordance with Section 64.0322.
334		-	SECTION 2.08. Section 33.060(a), Election Code, is amended
	329	+	(f) A watcher serving at a polling place is entitled to
	330	+	inspect any identifying documentation presented by a person
	331	+	assisting a voter in accordance with Subchapter B, Chapter 64.
	332	+	SECTION 2.08. Section 33.057, Election Code, is amended to
	333	+	read as follows:
	334	+	Sec. 33.057. OBSERVING PREPARATION OF VOTER'S BALLOT.
	335	+	(a) In this section, "family member" means a person related to the
	336	+	voter within the second degree by affinity or third degree by
	337	+	consanguinity, as determined under Subchapter B, Chapter 573,
	338	+	Government Code.
	339	+	(b) A watcher or election officer is entitled to be present
	340	+	at the voting station when a voter is being assisted by a person who
	341	+	is not a family member [an election officer], and the watcher or
	342	+	election officer is entitled to examine the ballot before it is
	343	+	deposited in the ballot box to determine whether it is prepared in
	344	+	accordance with the voter's wishes.
	345	+	(c) [(b)] A watcher or election officer may not be present
	346	+	at the voting station when a voter is preparing the voter's ballot
	347	+	or is being assisted by a family member [person of the voter's
	348	+	choice].
	349	+	SECTION 2.09. Section 33.060(a), Election Code, is amended
335	350		to read as follows:
336	351		(a) On request of a watcher, an election officer who
337	352		delivers election records from a precinct polling place, an early
338	353		voting polling place, a meeting place for an early voting ballot
339	354		board or signature verification committee, or a central counting
340	355		station shall permit the watcher appointed to serve at that
341	356		location to accompany the officer in making the delivery.
342		-	SECTION 2.09. Section 61.014(b), Election Code, is amended
	357	+	SECTION 2.10. Section 61.014(b), Election Code, is amended
343	358		to read as follows:
344	359		(b) A person, other than a watcher solely recording the
345	360		counting of ballots, may not use any mechanical or electronic means
346	361		of recording images or sound within 100 feet of a voting station.
347		-	SECTION 2.10. Section 64.009, Election Code, is amended by
	362	+	SECTION 2.11. Section 64.009, Election Code, is amended by
348	363		adding Subsections (e), (f), and (g) to read as follows:
349	364		(e) A person who assists at least three voters voting under
350	365		this section at the same time by providing the voters with
351	366		transportation to the polling place must complete and sign a form
352		-	that contains the following information:
353		-	(1) the person's name and address; and
354		-	(2) whether the person is providing assistance to the
355		-	voters solely under this section or under both this section and
	367	+	that:
	368	+	(1) requires the person to affirm that the voters are
	369	+	physically unable to enter the polling place without personal
	370	+	assistance or likelihood of injuring their health; and
	371	+	(2) contains the following information:
	372	+	(A) the person's name and address; and
	373	+	(B) whether the person is providing assistance to
	374	+	the voters solely under this section or under both this section and
356	375		Subchapter B.
357	376		(f) Subsection (e) does not apply to a person if the person
358	377		is a family member of all voters that the person provides with
359	378		transportation to the polling place. For purposes of this
360		-	subsection, "family member" means a person related to the person
361		-	within the second degree by affinity or third degree by
362		-	consanguinity, as determined under Subchapter B, Chapter 573,
363		-	Government Code.
	379	+	subsection, "family member" has the meaning assigned by Section
	380	+	33.057(a).
364	381		(g) The secretary of state shall prescribe the form
365	382		described by Subsection (e).
366		-	SECTION 2.11. Subchapter B, Chapter 64, Election Code, is
	383	+	SECTION 2.12. Subchapter B, Chapter 64, Election Code, is
367	384		amended by adding Section 64.0322 to read as follows:
368	385		Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) Before
369	386		a person, other than an election officer, assists a voter in
370	387		accordance with this chapter, the person must complete a form
371	388		stating:
372	389		(1) the name and address of the person assisting the
373		-	voter; and
374		-	(2) the relationship of the assistant to the voter.
	390	+	voter;
	391	+	(2) the manner in which the voter requires assistance;
	392	+	(3) the reason the assistance is necessary; and
	393	+	(4) the relationship of the assistant to the voter.
375	394		(b) The secretary of state shall prescribe the form required
376	395		by this section. The form must be incorporated into the official
377	396		carrier envelope if the voter is voting an early voting ballot by
378	397		mail and receives assistance under Section 86.010, or must be
379	398		submitted to an election officer before the voter may be accepted
380	399		for voting if the voter is voting at a polling place or under
381	400		Section 64.009.
382	401		(c) An election officer may, at the officer's discretion,
383	402		make a copy of a form submitted under this section and deliver the
384	403		copy to the secretary of state.
385		-	SECTION 2.12. Section 84.011(a), Election Code, is amended
	404	+	SECTION 2.13. Section 84.002, Election Code, is amended by
	405	+	adding Subsection (c) to read as follows:
	406	+	(c) An application for a ballot to be voted by mail on the
	407	+	ground of disability must require the applicant to affirmatively
	408	+	indicate that the applicant agrees with the statement "I have a
	409	+	sickness or physical condition that prevents me from appearing at a
	410	+	polling place on election day without needing personal assistance
	411	+	or injuring my health," as prescribed by Section 82.002(a).
	412	+	SECTION 2.14. Section 84.011(a), Election Code, is amended
386	413		to read as follows:
387	414		(a) The officially prescribed application form for an early
388	415		voting ballot must include:
389	416		(1) immediately preceding the signature space the
390	417		statement: "I certify that the information given in this
391	418		application is true, and I understand that giving false information
392	419		in this application is a crime.";
393	420		(2) a statement informing the applicant of the
394	421		offenses prescribed by Sections 84.003 and 84.004;
395	422		(3) spaces for entering an applicant's voter
396	423		registration number and county election precinct of registration,
397	424		with a statement informing the applicant that failure to furnish
398	425		that information does not invalidate the application; and
399	426		(4) on an application for a ballot to be voted by mail:
400	427		(A) a space for an applicant applying on the
401	428		ground of absence from the county of residence to indicate the date
402	429		on or after which the applicant can receive mail at the address
403	430		outside the county;
404	431		(B) a space for indicating the fact that an
405	432		applicant whose application is signed by a witness cannot make the
406	433		applicant's mark and a space for indicating the relationship or
407	434		lack of relationship of the witness to the applicant;
408	435		(C) a space for entering an applicant's telephone
409	436		number, with a statement informing the applicant that failure to
410	437		furnish that information does not invalidate the application;
411	438		(D) a space or box for an applicant applying on
412	439		the ground of age or disability to indicate that the address to
413	440		which the ballot is to be mailed is the address of a facility or
414	441		relative described by Section 84.002(a)(3), if applicable;
415	442		(E) a space or box for an applicant applying on
416	443		the ground of confinement in jail to indicate that the address to
417	444		which the ballot is to be mailed is the address of a relative
418	445		described by Section 84.002(a)(4), if applicable;
419	446		(F) a space for an applicant applying on the
420	447		ground of age or disability to indicate if the application is an
421	448		application under Section 86.0015;
422	449		(G) spaces for entering the signature, printed
423	450		name, and residence address of any person assisting the applicant;
424	451		(H) a statement informing the applicant of the
425	452		condition prescribed by Section 81.005; [and]
426	453		(I) a statement informing the applicant of the
427	454		requirement prescribed by Section 86.003(c); and
428	455		(J) a statement informing the applicant that
429	456		expected or likely confinement for childbirth on election day is
430	457		sufficient cause to entitle a voter to vote under Section
431	458		82.002(a).
432		-	SECTION 2.13. Section 86.013(f), Election Code, is amended
	459	+	SECTION 2.15. Section 86.013(f), Election Code, is amended
433	460		to read as follows:
434	461		(f) The oath of a person assisting a voter and the form
435	462		described by Section 64.0322(a) must be included on the official
436	463		carrier envelope as part of the certificate prescribed by
437	464		Subsection (c).
438		-	SECTION 2.14. Section 213.013(i), Election Code, is amended
	465	+	SECTION 2.16. Section 213.013(i), Election Code, is amended
439	466		to read as follows:
440	467		(i) No device capable of recording images or sound is
441	468		allowed inside the room in which the recount is conducted, or in any
442	469		hallway or corridor in the building in which the recount is
443	470		conducted within 30 feet of the entrance to the room, while the
444	471		recount is in progress unless the person entitled to be present at
445	472		the recount is a watcher or agrees to disable or deactivate the
446	473		device. However, on request of a person entitled to appoint
447	474		watchers to serve at the recount, the recount committee chair shall
448	475		permit the person to photocopy under the chair's supervision any
449	476		ballot, including any supporting materials, challenged by the
450	477		person or person's watcher. The person must pay a reasonable charge
451	478		for making the copies and, if no photocopying equipment is
452	479		available, may supply that equipment at the person's expense. The
453	480		person shall provide a copy on request to another person entitled to
454	481		appoint watchers to serve at the recount.
455	482		ARTICLE 3. ELECTION CONTESTS
456	483		SECTION 3.01. Section 232.006(a), Election Code, is amended
457	484		to read as follows:
458	485		(a) The venue of an election contest for a statewide office
459	486		is in Travis County or any county where a contestee resided at the
460	487		time of the election. For purposes of this section, a contestee's
461	488		residence is determined under Section 411.0257, Government Code.
462	489		SECTION 3.02. Chapter 232, Election Code, is amended by
463	490		adding Subchapter C to read as follows:
464	491		SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
465	492		Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
466	493		applies to an election contest in which the contestant alleges in
467	494		the petition that an opposing candidate, an agent of the opposing
468	495		candidate, or a person acting on behalf of the opposing candidate
469	496		with the candidate's knowledge committed a violation of any of the
470	497		following sections of this code:
471	498		(1) Section 13.007;
472	499		(2) Section 64.012;
473	500		(3) Section 64.036;
474	501		(4) Section 84.003;
475	502		(5) Section 84.0041;
476	503		(6) Section 86.0051;
477	504		(7) Section 86.006;
478	505		(8) Section 86.010; or
479	506		(9) Section 276.013.
480	507		Sec. 232.062. EVIDENTIARY STANDARD. A contestant must
481	508		prove an allegation described by Section 232.061 by a preponderance
482	509		of the evidence.
483	510		Sec. 232.063. CIVIL PENALTY. (a) If the court in its
484	511		judgment finds that the contestee, an agent of the contestee, or a
485	512		person acting on behalf of the contestee with the contestee's
486	513		knowledge committed one or more violations of a section described
487	514		by Section 232.061, the contestee is liable to this state for a
488	515		civil penalty of $1,000 for each violation.
489	516		(b) A penalty collected under this section shall be
490	517		deposited in the state treasury to the credit of the general revenue
491	518		fund.
492	519		Sec. 232.064. ATTORNEY'S FEES. In an election contest to
493	520		which this subchapter applies, the court may award reasonable
494	521		attorney's fees to the prevailing party.
495	522		SECTION 3.03. The changes in law made by this article apply
496	523		only to an election contest for which the associated election
497	524		occurred after the effective date of this Act.
498	525		ARTICLE 4. STATE AND COUNTY OFFICERS
499	526		SECTION 4.01. Section 18.061, Election Code, is amended by
500	527		amending Subsection (b) and adding Subsection (f) to read as
501	528		follows:
502	529		(b) The statewide computerized voter registration list
503	530		must:
504	531		(1) contain the name and registration information of
505	532		each voter registered in the state;
506	533		(2) assign a unique identifier to each registered
507	534		voter; and
508	535		(3) be available to any election official in the
509	536		state, including the attorney general, through immediate
510	537		electronic access.
511	538		(f) Appropriate state or local officials and agencies shall
512	539		provide technological security measures to prevent unauthorized
513	540		access to the statewide computerized voter registration list.
514	541		SECTION 4.02. Section 18.062, Election Code, is amended by
515	542		adding Subsection (c) to read as follows:
516	543		(c) For the purposes of Subsection (a), the secretary of
517	544		state may disclose a voter's social security number or date of birth
518	545		to other states and jurisdictions.
519	546		SECTION 4.03. Subchapter A, Chapter 31, Election Code, is
520	547		amended by adding Section 31.014 to read as follows:
521	548		Sec. 31.014. RULES. The secretary of state shall adopt
522	549		rules establishing best practices for:
523	550		(1) maintaining the physical and digital security of
524	551		elections infrastructure and systems; and
525	552		(2) restricting access to elections infrastructure
526	553		and systems to authorized personnel.
527	554		SECTION 4.04. Section 43.007, Election Code, is amended by
528		-	amending Subsections (f) and (m) and adding Subsection (g-1) to
529		-	read as follows:
530		-	(f) In selecting countywide polling places, a county must
531		-	adopt a methodology for determining where each polling place will
532		-	be located. The total number of countywide polling places may not
533		-	be less than:
534		-	(1) except as provided by Subdivisions [Subdivision]
535		-	(2) and (3), 50 percent of the number of precinct polling places
536		-	that would otherwise be located in the county for that election;
537		-	[or]
538		-	(2) except as provided by Subdivision (3), for an
539		-	election held in the first year in which the county participates in
540		-	the program, 65 percent of the number of precinct polling places
541		-	that would otherwise be located in the county for that election; or
542		-	(3) for an election held on the November general
543		-	election date in an even-numbered year, 80 percent of the number of
544		-	precinct polling places that would otherwise be located in the
545		-	county for that election.
	555	+	adding Subsections (f-1) and (g-1) to read as follows:
	556	+	(f-1) Notwithstanding Subsection (f), the commissioners
	557	+	court of a county with a population of more than one million must
	558	+	select countywide polling places using the same methodology that
	559	+	the county would use to select polling places if it were not
	560	+	participating in the countywide polling place program.
546	561		(g-1) A county participating in the program shall, at each
547	562		countywide polling place, post a notice of the four nearest
548	563		countywide polling place locations by driving distance.
549		-	(m) In adopting a methodology under Subsection (f), the
550		-	county must ensure that:
551		-	(1) in a county with a population of less than one
552		-	million, each county commissioners precinct contains at least one
553		-	countywide polling place and the percentage of the total number of
554		-	countywide polling places located in each commissioners precinct
555		-	must be as equal as mathematically possible to the percentage of
556		-	registered voters of the county whose registrations are effective
557		-	on the date of the election residing in each commissioners
558		-	precinct; or [and]
559		-	(2) in a county with a population of one million or
560		-	more, the percentage of the total number of countywide polling
561		-	places located in each state representative district in the county
562		-	containing territory in which the election is held must be as equal
563		-	as mathematically possible to the percentage of registered voters
564		-	of the county whose registrations are effective on the date of the
565		-	election residing in each state representative district [the total
566		-	number of permanent branch and temporary branch polling places open
567		-	for voting in a county commissioners precinct does not exceed more
568		-	than twice the number of permanent branch and temporary branch
569		-	polling places in another county commissioners precinct].
570	564		SECTION 4.05. Section 67.007, Election Code, is amended by
571	565		adding Subsection (f) to read as follows:
572	566		(f) Not later than 24 hours after completing county election
573	567		returns under this section, the county clerk shall post on the
574	568		county's Internet website, if the county maintains a website:
575	569		(1) the number of votes that were cast in the county;
576	570		and
577	571		(2) the number of registered voters in the county.
578	572		SECTION 4.06. Subchapter A, Chapter 127, Election Code, is
579	573		amended by adding Section 127.008 to read as follows:
580	574		Sec. 127.008. ELECTRONIC DEVICES IN CENTRAL COUNTING
581	575		STATION. (a) A counting station manager and the presiding judge
582	576		of the counting station shall develop a protocol under which no
583	577		electronic device capable of being connected to the Internet is
584	578		permitted inside a central counting station, except as permitted by
585	579		Subsection (b).
586	580		(b) The protocol developed under Subsection (a) may permit a
587	581		cellular telephone or the equipment necessary to count votes to be
588	582		present in the central counting station if the devices are not
589	583		connected to the Internet.
590	584		SECTION 4.07. Section 216.001, Election Code, is amended to
591	585		read as follows:
592	586		Sec. 216.001. APPLICABILITY OF CHAPTER. (a) Except as
593	587		provided by Subsection (b), this [This] chapter applies only to an
594	588		election that results in a tie vote as provided by Sections
595	589		2.002(i), 2.023(b) and (c), and 2.028.
596	590		(b) If the results of an election show that the number of
597	591		votes cast in an election precinct exceeds the number of registered
598	592		voters in the precinct, the authority designated under Section
599	593		212.026 shall initiate an automatic recount for that precinct in
600	594		accordance with this chapter.
601	595		ARTICLE 5. AUDITABLE VOTING SYSTEMS
602	596		SECTION 5.01. Chapter 127, Election Code, is amended by
603	597		adding Subchapter I to read as follows:
604	598		SUBCHAPTER I. RISK-LIMITING AUDIT
605		-	Sec. 127.301. APPLICABILITY OF SUBCHAPTER. ~~(a) This~~
606		-	~~subchapter~~ applies to an election:
	599	+	Sec. 127.301. APPLICABILITY OF SUBCHAPTER. This subchapter
	600	+	applies to an election:
607	601		(1) that occurs after August 31, 2024;
608	602		(2) that contains a race or measure that is voted on
609	603		statewide; and
610		-	(3) in which an auditable voting system is used.
611		-	(b) In this subchapter, "auditable voting system" means a
612		-	voting system that uses, creates, or displays a paper record that
613		-	may be read by the voter.
	604	+	(3) in which an auditable voting system described by
	605	+	Section 129.003(a) is used.
614	606		Sec. 127.302. RISK-LIMITING AUDIT. (a) Not later than 24
615	607		hours after all ballots have been counted in an election, the
616	608		general custodian of election records shall conduct a risk-limiting
617	609		audit for a selected statewide race or measure.
618	610		(b) The secretary of state shall select, in accordance with
619	611		rules adopted by the secretary, the precincts to be counted and the
620	612		office or proposition to be counted.
621	613		(c) The general custodian of election records shall
622	614		complete the audit not later than 24 hours before the time for
623	615		conducting the canvass of the election.
624	616		(d) The general custodian of election records shall post a
625	617		notice of the date, hour, and place of the audit in the custodian's
626	618		office and on the county's Internet website, if the county
627	619		maintains a website.
628	620		(e) A watcher may be present for the audit if appointed by a
629		-	candidate in the election or appointed under Section 33.003 or
630		-	33.005. A watcher must deliver a certificate of appointment to the
631		-	general custodian of election records at the time the watcher
632		-	reports for service. The certificate must be in writing and must
633		-	include:
	621	+	candidate in the election. A watcher must deliver a certificate of
	622	+	appointment to the general custodian of election records at the
	623	+	time the watcher reports for service. The certificate must be in
	624	+	writing and must include:
634	625		(1) the printed name and signature of the watcher;
635	626		(2) the election subject to the audit; and
636		-	(3) the printed name and signature of, as appropriate:
637		-	(A) the candidate making the appointment;
638		-	(B) the county chair of the political party
639		-	making the appointment; or
640		-	(C) the campaign treasurer or assistant campaign
641		-	treasurer of the specific-purpose political committee making the
642		-	appointment.
	627	+	(3) the printed name and signature of the candidate
	628	+	making the appointment.
643	629		(f) The secretary of state may appoint personnel to assist
644	630		with the audit, including applicable voting system technicians or
645	631		representatives and persons who have assisted with the design and
646	632		implementation of the audit.
647	633		Sec. 127.303. RULES. (a) The secretary of state shall
648	634		adopt rules prescribing procedures necessary to implement this
649	635		subchapter.
650	636		(b) Rules adopted under this subchapter must include a rule,
651	637		using widely accepted statistical methods, that provides for the
652	638		number or percentage of paper records that must be counted in a
653	639		risk-limiting audit under Section 127.302.
654	640		Sec. 127.304. PUBLICATION OF RESULTS. The results of a
655	641		risk-limiting audit conducted under this subchapter must be
656	642		published on the Internet website of the secretary of state not
657	643		later than three days after the completion of the audit.
658	644		Sec. 127.305. PILOT PROGRAM. (a) Notwithstanding Section
659	645		127.301(1), the secretary of state shall conduct a pilot program,
660	646		beginning with the election taking place November 3, 2020, of the
661	647		risk-limiting audit program created under this subchapter.
662		-	(b) The secretary of state shall select ~~up to~~ five ~~counties~~
663		-	to participate in the pilot program. At least one county
	648	+	(b) The secretary of state shall select at least five
	649	+	counties to participate in the pilot program. At least one county
664	650		participating in the pilot program must have a population of at
665	651		least 500,000.
666	652		(c) After each election conducted under the pilot program,
667	653		the secretary of state shall send a detailed report to each member
668	654		of the legislature evaluating the success of the program and making
669	655		a recommendation as to whether the legislature should act to delay
670	656		the statewide implementation of the program.
671	657		(d) The secretary of state shall adopt rules as necessary to
672	658		implement this section.
673	659		(e) This section expires August 31, 2024.
	660	+	SECTION 5.02. Subchapter A, Chapter 129, Election Code, is
	661	+	amended by adding Section 129.003 to read as follows:
	662	+	Sec. 129.003. PAPER AUDIT TRAIL REQUIRED. (a) In this
	663	+	section, "auditable voting system" means a voting system that uses,
	664	+	creates, or displays a paper record that may be read by the voter.
	665	+	(b) Except as otherwise provided by this section, a voting
	666	+	system that consists of direct recording electronic voting machines
	667	+	may not be used in an election unless the system is an auditable
	668	+	voting system.
	669	+	(c) The electronic vote is the official record of the vote
	670	+	cast if a risk-limiting audit conducted under Section 127.302
	671	+	produces strong evidence that the reported outcome of the election
	672	+	matches the results that a full counting of the paper records would
	673	+	reveal.
	674	+	(c-1) The paper record is the official record of the vote
	675	+	cast:
	676	+	(1) for a recount under Title 13, including a recount
	677	+	of ballots cast on a system involving direct recording electronic
	678	+	voting machines; or
	679	+	(2) if a risk-limiting audit conducted under Section
	680	+	127.302 fails to produce strong evidence that the reported outcome
	681	+	of the election matches the results that a full counting of the
	682	+	paper records would reveal.
	683	+	(d) An authority that purchased a voting system other than
	684	+	an auditable voting system after September 1, 2014, and before
	685	+	September 1, 2019, may use available federal funding and, if
	686	+	federal funding is not available, available state funding to
	687	+	convert the purchased voting system into an auditable voting system
	688	+	in accordance with the following schedule:
	689	+	(1) if the voting system was converted into an
	690	+	auditable voting system not later than the election taking place
	691	+	November 3, 2020, the authority is eligible to have 100 percent of
	692	+	the cost of conversion reimbursed under this section; and
	693	+	(2) if the authority is not eligible for a 100 percent
	694	+	reimbursement of cost under Subdivision (1) and the voting system
	695	+	was converted into an auditable voting system not later than the
	696	+	election taking place November 5, 2024, the authority is eligible
	697	+	to have 50 percent of the cost of conversion reimbursed under this
	698	+	section.
	699	+	(e) The secretary of state may use any available funds to
	700	+	assist an authority with the purchase of an auditable voting system
	701	+	if the funds have been appropriated for that purpose.
	702	+	(f) Subsections (a), (b), (c), and (c-1) do not apply to an
	703	+	election held before September 1, 2024.
	704	+	(g) A paper record generated by an auditable voting system
	705	+	may be used only for the purposes described by this section and may
	706	+	not be retained by the voter.
	707	+	(h) Notwithstanding Subsection (b), a voter voting under
	708	+	Section 64.009 may use a direct recording electronic voting machine
	709	+	regardless of whether the direct recording electronic voting
	710	+	machine is part of an auditable voting system.
674	711		ARTICLE 6. REPEALER AND EFFECTIVE DATE
675		-	SECTION 6.01. Section 33.051(c), Election Code, is
676		-	repealed.
	712	+	SECTION 6.01. The following provisions of the Election Code
	713	+	are repealed:
	714	+	(1) Section 33.051(c);
	715	+	(2) Section 61.003(a-1); and
	716	+	(3) Section 85.036(b).
677	717		SECTION 6.02. This Act takes effect September 1, 2019.