Bill Text: TX HB246 | 2023-2024 | 88th Legislature | Enrolled

Texas House Bill 246

Bill Title: Relating to establishing a pilot program for recording ballot counting activity.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [HB246 Detail]

Download: Texas-2023-HB246-Enrolled.html



	H.B. No. 246




	AN ACT
	relating to establishing a pilot program for recording ballot
	counting activity.
	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 BALLOT COUNTING AND
	PROCESSING. (a) Except as provided by Subsection (d), the
	secretary of state shall establish a pilot program requiring a
	county to use a video recording device to record:
	(1) all areas containing voted ballots in:
	(A) each central counting station in the manner
	required by Section 127.1232; or
	(B) if the county has not established a central
	counting station, not less than 20 percent of precincts in the
	county; and
	(2) ballot counting activity performed by the early
	voting ballot board after the polls close on election day,
	including the processing of:
	(A) early voting ballots voted by mail;
	(B) early voting ballots voted by mail that have
	had a defect corrected under Section 87.0411; and
	(C) provisional ballots.
	(b) The secretary of state shall select six counties to take
	part in the pilot program, including:
	(1) two counties with a population of more than
	100,000 and not more than 500,000;
	(2) two counties with a population of not less than
	50,000 and not more than 100,000; and
	(3) two counties with a population of not more than
	5,000.
	(c) The secretary of state shall adopt procedures to
	implement this section, including procedures to determine which
	counties may participate in the pilot program under this section.
	(d) The procedures adopted under Subsection (c) may not
	violate the requirements of Section 61.014.
	(e) The secretary of state shall operate the pilot program
	established under this section until January 1, 2025.
	(f) Not later than January 1, 2025, the secretary of state
	shall file a report with the legislature. The report must state:
	(1) which counties participated in the pilot program;
	(2) the number of precincts and central counting
	stations that recorded video;
	(3) any best practices for placement and use of the
	video recording devices, including:
	(A) best angles for visibility;
	(B) best distance between device and counting
	station; and
	(C) best devices for clarity;
	(4) the cost and availability of broadband Internet
	connectivity required to implement the program; and
	(5) any other information and recommendations
	considered necessary by the secretary of state.
	(g) This section expires January 1, 2025.
	SECTION 2. 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.


	______________________________	______________________________
	President of the Senate	Speaker of the House


	I certify that H.B. No. 246 was passed by the House on May 3,
	2023, by the following vote: Yeas 83, Nays 58, 2 present, not
	voting.

	______________________________
	Chief Clerk of the House


	I certify that H.B. No. 246 was passed by the Senate on May
	18, 2023, by the following vote: Yeas 19, Nays 12.

	______________________________
	Secretary of the Senate
	APPROVED: _____________________
	Date

	_____________________
	Governor