Texas 2021 - 87th Regular

Texas House Bill HB2601 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6471 SGM-D
2	2	By: Paul H.B. No. 2601
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a device capable of recording images or
8	8	sounds during election proceedings.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 33.051(c), Election Code, is amended to
11	11	read as follows:
12	12	(c) A watcher may not be accepted for service if the watcher
13	13	has possession of a device capable of recording images or sound
14	14	unless the watcher agrees to comply with the requirements of
15	15	Section 61.014 [disable or deactivate the device]. The presiding
16	16	judge may inquire whether a watcher has possession of any
17	17	[prohibited] recording device before accepting the watcher for
18	18	service.
19	19	SECTION 2. Section 33.052(b), Election Code, is amended to
20	20	read as follows:
21	21	(b) For purposes of this section, a watcher is considered to
22	22	have served continuously if the watcher leaves the polling place
23	23	for the purpose of using a wireless communication device for a
24	24	purpose other than as permitted [prohibited from use in the polling
25	25	place] under Section 61.014 and the watcher promptly returns.
26	26	SECTION 3. Sections 61.014(a), (b), and (d), Election Code,
27	27	are amended to read as follows:
28	28	(a) A person may not use a wireless communication device
29	29	within 100 feet of a voting station while voting is taking place.
30	30	(b) A person may not use any mechanical or electronic means
31	31	to record [of recording] images or sound:
32	32	(1) within 100 feet of a voting station while voting is
33	33	taking place; or
34	34	(2) of a marked ballot that can be associated with a
35	35	voter.
36	36	(d) Subsections (a) and (b)(1) do [This section does] not
37	37	apply to:
38	38	(1) an election officer in conducting the officer's
39	39	official duties;
40	40	(2) the use of election equipment necessary for the
41	41	conduct of the election; [or]
42	42	(3) a person who is employed at the location in which a
43	43	polling place is located while the person is acting in the course of
44	44	the person's employment;
45	45	(4) a member of the early voting ballot board who is
46	46	processing early voting ballots, except when opening a carrier
47	47	envelope for an early voting ballot voted by mail in accordance with
48	48	Section 87.042;
49	49	(5) a member of the recount committee who is counting
50	50	ballots;
51	51	(6) a member of a tribunal deciding an election
52	52	contest; or
53	53	(7) a watcher, except that a watcher may use a wireless
54	54	communication device only as necessary to record images or sound.
55	55	SECTION 4. Section 87.042, Election Code, is amended by
56	56	adding Subsection (e) to read as follows:
57	57	(e) A person may not use a wireless communication device or
58	58	any mechanical or electronic means of recording images or sound
59	59	within 100 feet of the area in which the early voting ballot board
60	60	disposes of an accepted ballot under this section.
61	61	SECTION 5. The changes in law made by this Act apply only to
62	62	an election ordered on or after the effective date of this Act.
63	63	SECTION 6. This Act takes effect September 1, 2021.