Texas 2025 - 89th Regular

Texas House Bill HB4989 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Dorazio H.B. No. 4989
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to election integrity and security of ballot boxes,
7	9		including by preventing fraud in the conduct of elections in this
8	10		state; authorizing a penalty.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		ARTICLE 1. GENERAL PROVISIONS
11	13		SECTION 1.01. SHORT TITLE. This Act may be cited as the
12	14		Ballot Box Election Security, Transparency, and Accountability
13	15		Act.
14	16		SECTION 1.02. Chapter 33 of the Texas Election Code is
15	17		amended to read as follows:
16	18		Sec. 33.0605. Sec. 33.0605. OBSERVING DATA STORAGE
17	19		SEALING AND TRANSFER. (a) A watcher appointed to serve at a
18	20		polling place in an election who is available at the time of the
19	21		action may observe all election activities relating to the opening
20	22		and closing of the polling place, including starting up and closing
21	23		voting system equipment, printing of all types of voting system
22	24		tapes, inspecting of ballot boxes, the sealing and transfer of a
23	25		memory card, flash drive, hard drive, data storage device, or other
24	26		medium now existing or later developed used by the voting system
25	27		equipment.
26	28		(b) Notwithstanding any other provision of this code, a
27	29		watcher duly accepted for service at a polling location is entitled
28	30		to follow the transfer and delivery of election materials,
29	31		including ballot boxes, from the polling place at which the watcher
30	32		was accepted to a regional tabulating center, the central counting
31	33		station, the main early voting site, the early voting clerk's
32	34		office, a secured storage location, or any other location
33	35		designated to receive, store, and process election materials. The
34	36		authority responsible for administering a regional tabulating
35	37		center or another location where election materials are delivered,
36	38		processed, and stored must accept duly appointed watchers for
37	39		service in the same manner a watcher is accepted for service under
38	40		Section 33.051 and must accept the same number of watchers that may
39	41		serve under Section 33.007(a).
40	42		SECTION 1.03. Chapter 127 Section 127.1232 of the Election
41	43		Code is amended to read as follows:
42	44		Sec. 127.1232. SECURITY OF VOTED BALLOTS. (b) The general
43	45		custodian of election records in a county with a population of
44	46		100,000 or more shall implement a video surveillance system that
45	47		retains a record of all areas containing voted ballots, including
46	48		but not limited to all doorways, halls, and offices:
47	49		(1) from the time the ballots voted during early
48	50		voting and on election day are delivered to the early voting ballot
49	51		board, the early voting clerk, regional tabulating center, and the
50	52		central counting station, or any other location designated for
51	53		delivery, until the final canvass of precinct election returns; and
52	54		(2) from the time the absentee voted ballots are
53	55		delivered to the elections office, signature verification
54	56		committee or early voting ballot board until the final canvass of
55	57		precinct election returns.
56	58		(c) A video from a system implemented under Subsection (b)
57	59		shall be made available to the public by a livestream and must
58	60		include a large analog clock visible in each area under
59	61		surveillance.
60	62		(e) A person that violates this section commits an offense.
61	63		An offense under this section is a Class A misdemeanor for the first
62	64		offense. Multiple offenses thereafter are felonies of the third
63	65		degree.
64	66		SECTION 1.04. Chapter 127 Section 127.201 of the Texas
65	67		Election Code shall be amended as follows:
66	68		Sec. 127.201. PARTIAL COUNT OF ELECTRONIC VOTING SYSTEM
67	69		BALLOTS BY GENERAL CUSTODIAN. (d) Each candidate in the election
68	70		is entitled to be present for the retrieving of ballot boxes,
69	71		opening of ballot box seals, ballot sorting, counting of ballots,
70	72		and resealing of ballot boxes for the partial count. Each
71	73		candidate, and treasurer of a specific-purpose political action
72	74		committee that was involved in the election is entitled to have a
73	75		watcher and representative present to monitor all activities
74	76		associated with the partial count. A representative must deliver a
75	77		certificate of appointment to the general custodian at the time the
76	78		representative reports for service. The certificate must be in
77	79		writing and must include:
78	80		(1) the printed name and signature of the
79	81		representative;
80	82		(2) the election subject to the count; and
81	83		(3) the printed name and signature of the candidate
82	84		making the appointment.
83	85		SECTION 2. This Act takes effect September 1, 2025.