87R20359 ADM-D
By: Hefner, Cain, Jetton, Swanson, et al. H.B. No. 1314
Substitute the following for H.B. No. 1314:
By: Schofield C.S.H.B. No. 1314
A BILL TO BE ENTITLED
AN ACT
relating to manufacturing requirements for hardware and software
used in a voting system used in an election in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 122.032, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) For a voting system or voting system equipment to be
approved for use in elections, the voting system in which the
equipment is designed to be used must:
(1) comply with the standards prescribed by Subchapter
A; and
(2) beginning September 1, 2021, have:
(A) all software used in the voting system be
developed and operated entirely within the United States and sold
by a company whose:
(i) headquarters are located in the United
States; and
(ii) parent company's headquarters, if
applicable, are located in the United States; and
(B) all hardware used in the voting system, if
manufactured outside the United States, be delivered to the United
States without any embedded software installed.
(c) In this section, "embedded software" means programmable
instructions provided on software that is delivered with voting
system equipment or with a replacement part for that equipment for
the purpose of equipment operation, including all relevant patches
and fixes made by the original equipment manufacturer of the voting
system equipment or replacement part for that purpose.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.