| 1 | 1 | | 87S10656 ADM-D |
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| 2 | 2 | | By: Hefner H.B. No. 248 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for a voting system to be used in an |
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| 8 | 8 | | election in this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 122.032, Election Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) For a voting system or voting system equipment to be |
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| 14 | 14 | | approved for use in elections, the voting system in which the |
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| 15 | 15 | | equipment is designed to be used must: |
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| 16 | 16 | | (1) comply with the standards prescribed by Subchapter |
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| 17 | 17 | | A; and |
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| 18 | 18 | | (2) beginning September 1, 2021, have: |
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| 19 | 19 | | (A) all software used in the voting system be |
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| 20 | 20 | | developed and operated entirely within [be manufactured, stored, |
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| 21 | 21 | | and held in] the United States and sold by a company whose: |
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| 22 | 22 | | (i) [(A)] headquarters are located in the |
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| 23 | 23 | | United States; and |
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| 24 | 24 | | (ii) [(B)] parent company's headquarters, |
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| 25 | 25 | | if applicable, are located in the United States; and |
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| 26 | 26 | | (B) all hardware used in the voting system, if |
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| 27 | 27 | | manufactured outside the United States, be delivered to the United |
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| 28 | 28 | | States without any embedded software installed. |
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| 29 | 29 | | (c) In this section, "embedded software" means programmable |
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| 30 | 30 | | instructions provided on software that is delivered with voting |
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| 31 | 31 | | system equipment or with a replacement part for that equipment for |
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| 32 | 32 | | the purpose of equipment operation, including all relevant patches |
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| 33 | 33 | | and fixes made by the original equipment manufacturer of the voting |
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| 34 | 34 | | system equipment or replacement part for that purpose. |
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| 35 | 35 | | SECTION 2. This Act takes effect immediately if it receives |
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| 36 | 36 | | a vote of two-thirds of all the members elected to each house, as |
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| 37 | 37 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 38 | 38 | | Act does not receive the vote necessary for immediate effect, this |
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| 39 | 39 | | Act takes effect on the 91st day after the last day of the |
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| 40 | 40 | | legislative session. |
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