| 1 | 1 | | 88R13331 TSS-D |
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| 2 | 2 | | By: Bucy H.B. No. 3763 |
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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 use of certain optical scan ballot technology by an |
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| 8 | 8 | | election authority operating a central counting station. |
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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. Subchapter E, Chapter 127, Election Code, is |
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| 11 | 11 | | amended by adding Section 127.133 to read as follows: |
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| 12 | 12 | | Sec. 127.133. STUDY ON OPTICAL SCAN BALLOT TECHNOLOGY. (a) |
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| 13 | 13 | | The secretary of state shall conduct a study to consider the |
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| 14 | 14 | | feasibility of requiring an election authority operating a central |
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| 15 | 15 | | counting station under this chapter who uses a centrally counted |
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| 16 | 16 | | optical ballot scan system to only use data storage discs on which |
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| 17 | 17 | | information, once written, is not capable of being modified. The |
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| 18 | 18 | | study must consider: |
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| 19 | 19 | | (1) whether the technology exists that would allow the |
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| 20 | 20 | | requirement to be attainable by election authorities in this state; |
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| 21 | 21 | | and |
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| 22 | 22 | | (2) the cost of implementing the requirement for each |
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| 23 | 23 | | state and county election official. |
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| 24 | 24 | | (b) Not later than October 1, 2024, the secretary of state |
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| 25 | 25 | | shall create a detailed report including a summary of the findings |
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| 26 | 26 | | of the study and the secretary of state's recommendations on |
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| 27 | 27 | | whether the requirement described by Subsection (a) should become |
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| 28 | 28 | | law, and: |
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| 29 | 29 | | (1) deliver the report to the legislature; and |
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| 30 | 30 | | (2) make the report publicly available. |
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| 31 | 31 | | (c) This section expires December 1, 2024. |
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| 32 | 32 | | SECTION 2. Sections 127.1301(b), (c), (d), and (e), |
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| 33 | 33 | | Election Code, are repealed. |
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| 34 | 34 | | SECTION 3. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2023. |
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