Bill Text: TX HB362 | 2019-2020 | 86th Legislature | Engrossed

Texas House Bill 362 (Prior Session Legislation)

Bill Title: Relating to the creation of a fund to assist local governments with the acquisition of voting system equipment.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Engrossed - Dead) 2019-05-09 - Received from the House [HB362 Detail]

Download: Texas-2019-HB362-Engrossed.html



	By: Israel, Capriglione, Longoria, Klick,	H.B. No. 362
	Anchia, et al.


	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of a fund to assist local governments with
	the acquisition of voting system equipment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Chapter 123, Election Code, is amended by adding
	Subchapter D to read as follows:
	SUBCHAPTER D. VOTING SYSTEM FUND
	Sec. 123.091. DEFINITIONS. In this subchapter:
	(1) "Eligible equipment" means voting system
	equipment that is certified by the United States Election
	Assistance Commission and the secretary of state on the date it is
	acquired and that uses or produces a paper ballot by which a voter
	can verify that the voter's selections are accurately reflected.
	(2) "Fund" means the voting system fund.
	Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system
	fund is an account in the general revenue fund.
	(b) The fund consists of money transferred to the fund at
	the discretion of the legislature.
	(c) Money in the fund may be appropriated only for a grant
	under Section 123.093.
	(d) The fund is exempt from the application of Section
	403.095, Government Code.
	Sec. 123.093. GRANTS FROM FUND. (a) A county may apply to
	the secretary of state for a grant under this subchapter to replace
	voting system equipment or to reimburse the replacement or
	conversion of voting system equipment purchased on or after
	December 1, 2016. A county is eligible to receive a grant equal to
	not more than 50 percent of the total cost of the eligible
	equipment.
	(b) The secretary of state shall develop criteria for the
	fair and proportional distribution of grants that consider:
	(1) the number of voters likely to be served by the
	eligible equipment;
	(2) the age and condition of any equipment replaced,
	converted, or proposed for replacement or conversion;
	(3) the need for equitable distribution of grant funds
	to both rural and urban counties;
	(4) whether the county governing body has adopted a
	reasonable long-term plan to address the maintenance, repair, and
	eventual replacement needs for the eligible equipment; and
	(5) any other factor considered relevant by the
	secretary of state.
	(c) If the total amount requested under qualifying grant
	applications exceeds the total amount available for the purpose of
	awarding grants, amounts shall be allocated using the criteria
	developed by the secretary of state under Subsection (b).
	Sec. 123.094. APPLICATION FOR GRANT; VERIFICATION OF COSTS.
	(a) To receive a grant under Section 123.093, a county must submit
	an application to the secretary of state. The secretary of state
	shall prescribe a form for the application.
	(b) The application must describe:
	(1) the type or types of eligible equipment purchased,
	leased, converted, or proposed for purchase, lease, or conversion;
	(2) the actual or expected total cost of the eligible
	equipment and any sources of funding used or that will be used for
	its purchase, lease, or conversion in addition to the grant funding
	provided by this subchapter;
	(3) the county's plan to address the long-term
	maintenance, repair, and eventual replacement costs for the
	eligible equipment; and
	(4) any other information required by the secretary of
	state.
	(c) The secretary of state shall establish:
	(1) a deadline for receipt of grant applications;
	(2) a procedure for awarding and distributing grants;
	and
	(3) a process for verifying the proper use of the
	grants after distribution.
	Sec. 123.095. STUDY ON VOTING SYSTEM FUNDING. (a) The
	secretary of state, in cooperation with county officers who
	administer elections, shall conduct a study to determine the best
	manner in which to fund the voting system fund under this subchapter
	for the replacement or conversion of voting system equipment, and
	make recommendations based on the determinations.
	(b) Not later than December 31, 2020, the secretary of state
	shall report the study's findings to the committees of each house of
	the legislature with jurisdiction over elections.
	(c) This section expires September 1, 2021.
	SECTION 2. The secretary of state 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 secretary of
	state may, but is not required to, implement a provision of this Act
	using other appropriations available for that purpose.
	SECTION 3. This Act takes effect September 1, 2019.