| 1 | 1 | | 87S20636 MLH-F |
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| 2 | 2 | | By: Parker H.B. No. 136 |
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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 the security of voted ballots. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 65, Election Code, is |
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| 10 | 10 | | amended by adding Section 65.017 to read as follows: |
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| 11 | 11 | | Sec. 65.017. VIDEO RECORDING OF COUNTING LOCATIONS. (a) |
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| 12 | 12 | | This section applies to: |
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| 13 | 13 | | (1) a primary election; |
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| 14 | 14 | | (2) the general election for state and county |
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| 15 | 15 | | officers; and |
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| 16 | 16 | | (3) an election in which the county clerk serves as the |
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| 17 | 17 | | early voting clerk. |
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| 18 | 18 | | (b) The general custodian of election records shall |
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| 19 | 19 | | implement a video surveillance system that retains a record of all |
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| 20 | 20 | | areas containing voted ballots from the time the ballots are |
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| 21 | 21 | | delivered to the general custodian of election records until the |
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| 22 | 22 | | canvass of precinct election returns. The video recording must be |
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| 23 | 23 | | retained in the same manner as a precinct election record under |
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| 24 | 24 | | Section 66.058. |
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| 25 | 25 | | (c) Subject to Subsection (e), the general custodian of |
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| 26 | 26 | | election records shall provide a live video stream of any activity |
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| 27 | 27 | | recorded under Subsection (b) on the Internet website of the |
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| 28 | 28 | | authority administering the election. |
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| 29 | 29 | | (d) The secretary of state shall prescribe procedures |
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| 30 | 30 | | necessary for the implementation of this section. |
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| 31 | 31 | | (e) The general custodian of election records in a county |
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| 32 | 32 | | with a population of less than 100,000 may, but is not required to, |
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| 33 | 33 | | comply with the live video stream requirement under Subsection (c). |
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| 34 | 34 | | SECTION 2. Section 31.009, Election Code, is amended by |
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| 35 | 35 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | (b) If state funds are made available to provide for the |
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| 38 | 38 | | security of voted ballots under Section 65.017, the secretary of |
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| 39 | 39 | | state shall administer and distribute the funds to counties as |
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| 40 | 40 | | appropriate to most effectively facilitate the purpose for which |
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| 41 | 41 | | the funds are made available. |
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| 42 | 42 | | (c) The secretary of state shall prescribe any necessary |
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| 43 | 43 | | rules and take any appropriate action to implement this section. |
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| 44 | 44 | | SECTION 3. Subchapter A, Chapter 31, Election Code, is |
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| 45 | 45 | | amended by adding Section 31.0112 to read as follows: |
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| 46 | 46 | | Sec. 31.0112. VIDEO RECORDING OF COUNTING LOCATIONS FUND. |
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| 47 | 47 | | (a) The video recording of counting locations fund is an account in |
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| 48 | 48 | | the general fund. Money in the account may only be used to |
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| 49 | 49 | | implement Section 65.017. |
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| 50 | 50 | | (b) The secretary of state shall establish a grant program |
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| 51 | 51 | | to assist counties with the implementation of Section 65.017. |
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| 52 | 52 | | (c) If a federal program makes funding available to this |
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| 53 | 53 | | state for the purpose of video recording of ballot counting |
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| 54 | 54 | | locations, state funds appropriated under this section may be used |
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| 55 | 55 | | to meet any federal matching requirement under the federal program. |
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| 56 | 56 | | (d) The fund is exempt from the application of Section |
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| 57 | 57 | | 403.095, Government Code. |
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| 58 | 58 | | SECTION 4. The governing body of a political subdivision is |
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| 59 | 59 | | required to implement a provision of this Act only if the |
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| 60 | 60 | | legislature appropriates money specifically for that purpose. If |
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| 61 | 61 | | the legislature does not appropriate money specifically for that |
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| 62 | 62 | | purpose, the governing body may, but is not required to, implement a |
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| 63 | 63 | | provision of this Act using other appropriations available for that |
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| 64 | 64 | | purpose. |
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| 65 | 65 | | SECTION 5. This Act takes effect on the 91st day after the |
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| 66 | 66 | | last day of the legislative session. |
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