By: Parker, et al. (Senate Sponsor - Hughes) H.B. No. 3276
(In the Senate - Received from the House May 12, 2021;
May 13, 2021, read first time and referred to Committee on State
Affairs; May 22, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 22, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3276 By: Hughes
A BILL TO BE ENTITLED
AN ACT
relating to the security of voted ballots.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 65, Election Code, is
amended by adding Section 65.016 to read as follows:
Sec. 65.016. VIDEO RECORDING OF COUNTING LOCATIONS. (a)
This section applies to:
(1) a primary election;
(2) the general election for state and county
officers; and
(3) an election in which the county clerk serves as the
early voting clerk.
(b) The general custodian of election records shall
implement a video surveillance system that retains a record of all
areas containing voted ballots from the time the ballots are
delivered to the general custodian of election records until the
canvass of precinct election returns. The video recording shall be
retained in the same manner as a precinct election record under
Section 66.058.
(c) Subject to Subsection (e), the general custodian of
election records shall provide a live video stream of any election
activity recorded under Subsection (b) on the Internet website of
the authority administering the election.
(d) The secretary of state shall prescribe procedures
necessary for the implementation of this section.
(e) The general custodian of election records in a county
with a population of less than 100,000 may, but is not required to,
comply with the live video stream requirement under Subsection (c).
SECTION 2. Section 31.009, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) If state funds are made available to provide for the
security of voted ballots under Section 65.016, the secretary of
state shall administer and distribute the funds to counties as
appropriate to most effectively facilitate the purpose for which
the funds are made available.
(c) The secretary of state shall prescribe any necessary
rules and take any appropriate action to implement this section.
SECTION 3. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.0112 to read as follows:
Sec. 31.0112. VIDEO RECORDING OF COUNTING LOCATIONS FUND.
(a) The video recording of counting locations fund is an account in
the general fund.
(b) The secretary of state shall establish a grant program
to assist counties with the implementation of this section.
(c) If a federal program makes funding available to this
state for the purpose of video recording of ballot counting
locations, state funds appropriated under this section may be used
to meet federal matching requirements under the federal program.
(d) The fund is exempt from the application of Section
403.095, Government Code.
SECTION 4. The governing body of a political subdivision 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 governing body may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 5. This Act takes effect September 1, 2021.
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