Texas 2025 - 89th Regular

Texas House Bill HB5029 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15115 MPF-D
2	2	By: Lowe H.B. No. 5029
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the partial count of electronic voting system ballots.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 127.201, Election Code, is amended by
12	12	amending Subsections (a) and (b) and adding Subsections (a-1) and
13	13	(a-2) to read as follows:
14	14	(a) To ensure the accuracy of the tabulation of electronic
15	15	voting system results, the general custodian of election records
16	16	shall conduct a manual count of contested races and propositions in
17	17	a federal, state, county, and local election on the ballot, as
18	18	applicable, [all the races] in at least 10 [one] percent of the
19	19	election precincts or in 10 [three] precincts, whichever is
20	20	greater, in which the electronic voting system was used. The
21	21	custodian shall select at least one contested race or proposition
22	22	in a federal, state, county, and local election on the ballot, as
23	23	applicable, and the precincts at random and shall begin the count
24	24	not later than 72 hours after the polls close. The count shall be
25	25	completed not later than the 21st day after election day.
26	26	[Subsection (b) supersedes this subsection to the extent of a
27	27	conflict.]
28	28	(a-1) The general custodian of election records shall, not
29	29	later than the 48th hour before the custodian selects the races,
30	30	propositions, and precincts under Subsection (a), post in the
31	31	custodian's office and on the county's Internet website or, if the
32	32	county does not maintain an Internet website, on the bulletin board
33	33	used for posting notices of the meetings of the commissioners court
34	34	notice of the date, hour, and location of the selection.
35	35	(a-2) The selection of races, propositions, and precincts
36	36	under Subsection (a) shall be open to the public and streamed with
37	37	live video and audio on the county's Internet website, if the county
38	38	maintains an Internet website. The general custodian of election
39	39	records shall encourage the public to observe or participate in the
40	40	selection process.
41	41	(b) In addition to the selection by the general custodian of
42	42	election records under Subsection (a) [a general election for state
43	43	and county officers, primary election, or election on a proposed
44	44	amendment to the state constitution or other statewide measure
45	45	submitted by the legislature], the secretary of state shall select,
46	46	in accordance with rules adopted by the secretary, at least 10
47	47	contested races and 10 propositions on the ballot in a federal or
48	48	state election to be manually counted at the precincts selected
49	49	under Subsection (a). If there are fewer than 10 contested races or
50	50	10 propositions on the ballot, the secretary of state shall select
51	51	all of the races or propositions, as applicable [the precincts to be
52	52	counted under Subsection (a). The secretary shall designate not
53	53	more than three offices and not more than three propositions to be
54	54	counted in the selected precincts]. The secretary shall notify the
55	55	general custodian of election records of the [precincts,]
56	56	offices[,] and propositions selected under this subsection not
57	57	later [earlier] than 5 p.m. of the day after election day.
58	58	SECTION 2. Section 127.201(c), Election Code, is repealed.
59	59	SECTION 3. The changes in law made by this Act apply only to
60	60	an election ordered on or after the effective date of this Act.
61	61	SECTION 4. This Act takes effect September 1, 2025.