Texas 2023 - 88th Regular

Texas House Bill HB3763 Latest Draft

Bill / Introduced Version Filed 03/07/2023

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                            88R13331 TSS-D
 By: Bucy H.B. No. 3763


 A BILL TO BE ENTITLED
 AN ACT
 relating to the use of certain optical scan ballot technology by an
 election authority operating a central counting station.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter E, Chapter 127, Election Code, is
 amended by adding Section 127.133 to read as follows:
 Sec. 127.133.  STUDY ON OPTICAL SCAN BALLOT TECHNOLOGY. (a)
 The secretary of state shall conduct a study to consider the
 feasibility of requiring an election authority operating a central
 counting station under this chapter who uses a centrally counted
 optical ballot scan system to only use data storage discs on which
 information, once written, is not capable of being modified.  The
 study must consider:
 (1)  whether the technology exists that would allow the
 requirement to be attainable by election authorities in this state;
 and
 (2)  the cost of implementing the requirement for each
 state and county election official.
 (b)  Not later than October 1, 2024, the secretary of state
 shall create a detailed report including a summary of the findings
 of the study and the secretary of state's recommendations on
 whether the requirement described by Subsection (a) should become
 law, and:
 (1)  deliver the report to the legislature; and
 (2)  make the report publicly available.
 (c)  This section expires December 1, 2024.
 SECTION 2.  Sections 127.1301(b), (c), (d), and (e),
 Election Code, are repealed.
 SECTION 3.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2023.