Bill Text: TX HB123 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the security of voted ballots.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2021-07-09 - Referred to Constitutional Rights & Remedies [HB123 Detail]
Download: Texas-2021-HB123-Introduced.html
| 87S10034 MLH-F | ||
| By: Parker | H.B. No. 123 | |
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| relating to the security of voted ballots. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 65, Election Code, is | ||
| amended by adding Section 65.017 to read as follows: | ||
| Sec. 65.017. VIDEO RECORDING OF COUNTING LOCATIONS. (a) | ||
| This section applies to: | ||
| (1) a primary election; | ||
| (2) the general election for state and county | ||
| officers; and | ||
| (3) an election in which the county clerk serves as the | ||
| early voting clerk. | ||
| (b) The general custodian of election records shall | ||
| implement a video surveillance system that retains a record of all | ||
| areas containing voted ballots from the time the ballots are | ||
| delivered to the general custodian of election records until the | ||
| canvass of precinct election returns. The video recording must be | ||
| retained in the same manner as a precinct election record under | ||
| Section 66.058. | ||
| (c) Subject to Subsection (e), the general custodian of | ||
| election records shall provide a live video stream of any activity | ||
| recorded under Subsection (b) on the Internet website of the | ||
| authority administering the election. | ||
| (d) The secretary of state shall prescribe procedures | ||
| necessary for the implementation of this section. | ||
| (e) The general custodian of election records in a county | ||
| with a population of less than 100,000 may, but is not required to, | ||
| comply with the live video stream requirement under Subsection (c). | ||
| SECTION 2. Section 31.009, Election Code, is amended by | ||
| amending Subsection (b) and adding Subsection (c) to read as | ||
| follows: | ||
| (b) If state funds are made available to provide for the | ||
| security of voted ballots under Section 65.017, the secretary of | ||
| state shall administer and distribute the funds to counties as | ||
| appropriate to most effectively facilitate the purpose for which | ||
| the funds are made available. | ||
| (c) The secretary of state shall prescribe any necessary | ||
| rules and take any appropriate action to implement this section. | ||
| SECTION 3. Subchapter A, Chapter 31, Election Code, is | ||
| amended by adding Section 31.0112 to read as follows: | ||
| Sec. 31.0112. VIDEO RECORDING OF COUNTING LOCATIONS FUND. | ||
| (a) The video recording of counting locations fund is an account in | ||
| the general fund. Money in the account may only be used to | ||
| implement Section 65.017. | ||
| (b) The secretary of state shall establish a grant program | ||
| to assist counties with the implementation of Section 65.017. | ||
| (c) If a federal program makes funding available to this | ||
| state for the purpose of video recording of ballot counting | ||
| locations, state funds appropriated under this section may be used | ||
| to meet any federal matching requirement under the federal program. | ||
| (d) The fund is exempt from the application of Section | ||
| 403.095, Government Code. | ||
| SECTION 4. The governing body of a political subdivision is | ||
| required to implement a provision of this Act only if the | ||
| legislature appropriates money specifically for that purpose. If | ||
| the legislature does not appropriate money specifically for that | ||
| purpose, the governing body may, but is not required to, implement a | ||
| provision of this Act using other appropriations available for that | ||
| purpose. | ||
| SECTION 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
