87R6471 SGM-D
By: Paul H.B. No. 2601
A BILL TO BE ENTITLED
AN ACT
relating to the use of a device capable of recording images or
sounds during election proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.051(c), Election Code, is amended to
read as follows:
(c) A watcher may not be accepted for service if the watcher
has possession of a device capable of recording images or sound
unless the watcher agrees to comply with the requirements of
Section 61.014 [disable or deactivate the device]. The presiding
judge may inquire whether a watcher has possession of any
[prohibited] recording device before accepting the watcher for
service.
SECTION 2. Section 33.052(b), Election Code, is amended to
read as follows:
(b) For purposes of this section, a watcher is considered to
have served continuously if the watcher leaves the polling place
for the purpose of using a wireless communication device for a
purpose other than as permitted [prohibited from use in the polling
place] under Section 61.014 and the watcher promptly returns.
SECTION 3. Sections 61.014(a), (b), and (d), Election Code,
are amended to read as follows:
(a) A person may not use a wireless communication device
within 100 feet of a voting station while voting is taking place.
(b) A person may not use any mechanical or electronic means
to record [of recording] images or sound:
(1) within 100 feet of a voting station while voting is
taking place; or
(2) of a marked ballot that can be associated with a
voter.
(d) Subsections (a) and (b)(1) do [This section does] not
apply to:
(1) an election officer in conducting the officer's
official duties;
(2) the use of election equipment necessary for the
conduct of the election; [or]
(3) a person who is employed at the location in which a
polling place is located while the person is acting in the course of
the person's employment;
(4) a member of the early voting ballot board who is
processing early voting ballots, except when opening a carrier
envelope for an early voting ballot voted by mail in accordance with
Section 87.042;
(5) a member of the recount committee who is counting
ballots;
(6) a member of a tribunal deciding an election
contest; or
(7) a watcher, except that a watcher may use a wireless
communication device only as necessary to record images or sound.
SECTION 4. Section 87.042, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A person may not use a wireless communication device or
any mechanical or electronic means of recording images or sound
within 100 feet of the area in which the early voting ballot board
disposes of an accepted ballot under this section.
SECTION 5. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2021.