Bill Text: TX SB1608 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to elections; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-24 - Referred to State Affairs [SB1608 Detail]
Download: Texas-2021-SB1608-Introduced.html
87R9717 ADM-D | ||
By: Hall | S.B. No. 1608 |
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relating to elections; creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 31.014(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The secretary of state shall prescribe specific | ||
requirements and standards, consistent with this code, for the | ||
certification of an electronic device used to accept voters under | ||
Chapter 63 that require the device to: | ||
(1) produce an electronic copy of the list of voters | ||
who were accepted to vote for delivery to the election judge after | ||
the polls close; | ||
(2) display the voter's original signature in | ||
accordance with Section 63.002; | ||
(3) accept a voter for voting even when the device is | ||
off-line; | ||
(4) provide the full list of voters registered in the | ||
county with an indication of the jurisdictional or distinguishing | ||
number for each territorial unit in which each voter resides; | ||
(5) time-stamp when each voter is accepted at a | ||
polling place, including the voter's unique identifier; | ||
(6) if the county [ |
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early voting polling place, transmit a time stamp when each voter is | ||
accepted, including the voter's unique identifier, to all polling | ||
place locations; | ||
(7) time-stamp the receipt of a transmission under | ||
Subdivision (6); and | ||
(8) produce in an electronic format compatible with | ||
the statewide voter registration list under Section 18.061 data for | ||
retention and transfer that includes: | ||
(A) the polling location in which the device was | ||
used; | ||
(B) the dated time stamp under Subdivision (5); | ||
and | ||
(C) the dated time stamp under Subdivision (7). | ||
(c) The secretary of state shall adopt rules that require a | ||
device described by this section used during the early voting | ||
period [ |
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does not comply with the rule in two consecutive general elections | ||
for state and county officers, the secretary of state shall assess a | ||
noncompliance fee. The noncompliance fee shall be set at an amount | ||
determined by secretary of state rule. | ||
SECTION 2. Section 32.002(c-1), Election Code, is amended | ||
to read as follows: | ||
(c-1) For purposes of this subsection, the county chair | ||
shall provide a list of names of persons eligible for appointment as | ||
election judges. [ |
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SECTION 3. Section 32.0511(d), Election Code, is amended to | ||
read as follows: | ||
(d) Not more than two student election clerks may serve at a | ||
polling place[ |
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SECTION 4. Section 43.001, Election Code, is amended to | ||
read as follows: | ||
Sec. 43.001. AT LEAST ONE POLLING PLACE IN EACH PRECINCT. | ||
Each election precinct established for an election shall be served | ||
by at least one [ |
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of the precinct. | ||
SECTION 5. Section 43.031, Election Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A polling place may not be located in: | ||
(1) a tent or other temporary or movable structure; or | ||
(2) a parking garage, parking lot, or similar facility | ||
primarily designed for motor vehicles. | ||
SECTION 6. Section 51.005(a), Election Code, is amended to | ||
read as follows: | ||
(a) The authority responsible for procuring the election | ||
supplies for an election shall provide for each election precinct a | ||
number of ballots equal to [ |
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the precinct. | ||
SECTION 7. Subchapter C, Chapter 52, Election Code, is | ||
amended by adding Section 52.076 to read as follows: | ||
Sec. 52.076. IDENTIFYING CODE OR MICROCHIP FOR MAIL-IN | ||
BALLOTS. (a) Each early voting ballot voted by mail must include a | ||
unique barcode or microchip used to ensure that the ballot is only | ||
counted once. | ||
(b) No record associating an individual voter with a barcode | ||
or microchip assigned to a ballot under this section may be created. | ||
(c) The secretary of state by rule shall provide for the | ||
design and distribution of a unique barcode or microchip system in a | ||
manner that, to the greatest extent possible, prevents the | ||
unauthorized reproduction or misuse of mail ballots. | ||
SECTION 8. Section 61.001, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) As necessary at any time, the presiding judge or a | ||
watcher may request that a trained peace officer enter the polling | ||
place to enforce a law or prevent a violation under this code. | ||
SECTION 9. Section 61.002, Election Code, is amended to | ||
read as follows: | ||
Sec. 61.002. OPENING POLLING PLACE FOR VOTING. (a) Before | ||
opening the polls for voting, the presiding election judge shall | ||
confirm that each voting machine has any public counter reset to | ||
zero and shall print the tape that shows the counter was set to | ||
zero. | ||
(b) Each election judge present shall sign a tape printed | ||
under Subsection (a). Any watcher present may sign a tape printed | ||
under Subsection (a). | ||
(c) At the official time for opening the polls for voting, | ||
an election officer shall open the polling place entrance and admit | ||
the voters. | ||
SECTION 10. Subchapter A, Chapter 61, Election Code, is | ||
amended by adding Section 61.0141 to read as follows: | ||
Sec. 61.0141. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. | ||
A person performing requested repairs or maintenance of equipment | ||
at a polling place during voting in accordance with this title may, | ||
as necessary, enter the polling place with an electronic device | ||
capable of being connected to the Internet. After performing the | ||
requested repairs or maintenance, the person shall, not later than | ||
the third business day after the date the person entered the polling | ||
place, file an exception report with the secretary of state in a | ||
form adopted by the secretary for that purpose. | ||
SECTION 11. Chapter 62, Election Code, is amended by adding | ||
Section 62.017 to read as follows: | ||
Sec. 62.017. VIDEO RECORDING. Video cameras must be posted | ||
at a polling place to enable recording of all activity, other than | ||
voting, being conducted at a polling place. | ||
SECTION 12. Section 63.003, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) If the poll list is in the form of an electronic device, | ||
a paper copy must be kept on site as backup. | ||
SECTION 13. Section 63.004, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If the combination form is in the form of an electronic | ||
device, a paper copy must be kept on site as backup. | ||
SECTION 14. Section 64.012, Election Code, is amended by | ||
adding Subsections (a-1) and (b-1) and amending Subsection (b) to | ||
read as follows: | ||
(a-1) An election officer commits an offense if the officer | ||
permits a person to vote in an election when the officer knows the | ||
person is not registered to vote. | ||
(b) An offense under Subsection (a) [ |
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felony of the second degree unless the person is convicted of an | ||
attempt. In that case, the offense is a state jail felony. | ||
(b-1) An offense under Subsection (a-1) is a Class A | ||
misdemeanor. | ||
SECTION 15. Sections 65.002(a) and (c), Election Code, are | ||
amended to read as follows: | ||
(a) The [ |
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not direct the counting of ballots to occur until [ |
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after the polls close [ |
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(c) After the polls close or the last voter has voted, | ||
whichever is later, the counting of ballots shall be conducted | ||
continuously until all the ballots are counted. The counting may | ||
not be interrupted except in the case of extreme circumstances, in | ||
which case election officials must notify the public of the | ||
suspension and the exact time counting will resume. | ||
SECTION 16. Section 65.014, Election Code, is amended by | ||
amending Subsection (c) and adding Subsections (c-1) and (f) to | ||
read as follows: | ||
(c) The returns shall be prepared as an original and three | ||
copies, and on completing the returns, the presiding judge shall | ||
sign each one to certify its accuracy. Any watcher present at the | ||
polling place must be allowed to inspect and sign each copy of the | ||
returns. | ||
(c-1) The presiding judge shall publicly post at the polling | ||
place one of the copies printed under Subsection (c) before the | ||
presiding judge leaves the premises. | ||
(f) The presiding judge shall sign an affidavit stating that | ||
the returns, to the best of the judge's knowledge, represent the | ||
actual results of the election. | ||
SECTION 17. Subchapter A, Chapter 65, Election Code, is | ||
amended by adding Sections 65.016 and 65.017 to read as follows: | ||
Sec. 65.016. VOTE COUNTING EQUIPMENT. No equipment to | ||
count votes shall be used that is capable of being connected to the | ||
Internet or any other computer network. | ||
Sec. 65.017. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. | ||
A person performing requested repairs or maintenance of equipment | ||
at a polling place in accordance with this title may, as necessary, | ||
enter the polling place with an electronic device capable of being | ||
connected to the Internet while vote counting is being conducted. | ||
After performing the requested repairs or maintenance, the person | ||
shall, not later than the third business day after the date the | ||
person entered the polling place, file an exception report with the | ||
secretary of state in a form adopted by the secretary for that | ||
purpose. | ||
SECTION 18. Subchapter B, Chapter 66, Election Code, is | ||
amended by adding Section 66.027 to read as follows: | ||
Sec. 66.027. SECRETARY OF STATE TO PROVIDE SECURE | ||
LOCKBOXES. The secretary of state shall provide a secure lockbox | ||
suitable for containing each type of election record described | ||
under this subchapter. | ||
SECTION 19. Section 66.052, Election Code, is amended to | ||
read as follows: | ||
Sec. 66.052. DELIVERY BY ELECTION CLERK; CHAIN OF CUSTODY. | ||
(a) A delivery of election records or supplies that is to be | ||
performed by the presiding judge may be performed by an election | ||
clerk designated by the presiding judge. | ||
(b) The presiding judge or an election clerk designated by | ||
the presiding judge under this section must keep records of each | ||
person that has custody of a precinct election record until the | ||
records are delivered. | ||
SECTION 20. Section 67.007, Election Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) The county clerk shall certify the county returns. The | ||
early voting ballot board must independently verify the county | ||
returns before the county clerk can certify the returns under this | ||
subsection. | ||
(c-1) The secretary of state may not release election | ||
results for a district or statewide office until each county clerk | ||
has completed the clerk's duties under Subsection (c). | ||
SECTION 21. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0111 to read as follows: | ||
Sec. 84.0111. PROHIBITION ON DISTRIBUTION OF OFFICIAL | ||
APPLICATION FORM. Unless otherwise authorized by this code, an | ||
officer or employee of this state or of a political subdivision of | ||
this state may not distribute an official application form for an | ||
early voting ballot to a person unless the person requested the form | ||
for the person's own use. | ||
SECTION 22. Sections 84.032(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(b) A request must: | ||
(1) be in writing and signed by the applicant; | ||
(2) specify the election for which the application was | ||
made; [ |
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(3) return the ballot to be voted by mail as provided | ||
by this section; and | ||
(4) except as provided by Subsection (c) or [ |
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day[ |
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(c) An applicant may submit a request after the close of | ||
early voting by personal appearance by appearing in person and[ |
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[ |
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early voting clerk[ |
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SECTION 23. Section 84.038, Election Code, is amended to | ||
read as follows: | ||
Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. | ||
The cancellation of an application for a ballot to be voted by mail | ||
under Section 84.032(c) or [ |
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single ballot only and does not cancel the application with respect | ||
to a subsequent election, including a subsequent election to which | ||
the same application applies under Section 84.001(e) or 86.0015(b). | ||
SECTION 24. Sections 85.001(a) and (e), Election Code, are | ||
amended to read as follows: | ||
(a) The period for early voting by personal appearance | ||
begins on the 17th day before election day and continues through the | ||
[ |
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this section. | ||
(e) For an election held on the uniform election date in May | ||
and any resulting runoff election, the period for early voting by | ||
personal appearance begins on the 12th day before election day and | ||
continues through the [ |
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SECTION 25. Sections 85.005(a) and (b), Election Code, are | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (c), in an election in | ||
which a county clerk or city secretary is the early voting clerk | ||
under Section 83.002 or 83.005, early voting by personal appearance | ||
at the main early voting polling place shall be conducted on the | ||
weekdays of the early voting period and during the hours that the | ||
county clerk's or city secretary's main business office is | ||
regularly open for business, except that voting may not be | ||
conducted earlier than 7 a.m. or later than 7 p.m.[ |
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(b) In an election to which Subsection (a) does not apply, | ||
early voting by personal appearance at the main early voting | ||
polling place shall be conducted at least eight hours each weekday | ||
of the early voting period that is not a legal state holiday unless | ||
the territory covered by the election has fewer than 1,000 | ||
registered voters. In that case, the voting shall be conducted at | ||
least three hours each day. The authority ordering the election, or | ||
the county clerk if that person is the early voting clerk, shall | ||
determine which hours the voting is to be conducted except that | ||
voting may not be conducted earlier than 7 a.m. or later than 7 | ||
p.m.[ |
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SECTION 26. Section 85.006(c), Election Code, is amended to | ||
read as follows: | ||
(c) The authority ordering voting on a Saturday or Sunday | ||
shall determine the hours during which voting is to be conducted | ||
except that voting may not be conducted earlier than 7 a.m. or later | ||
than 7 p.m.[ |
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SECTION 27. Section 85.010(c), Election Code, is amended to | ||
read as follows: | ||
(c) A shared polling place established under Subsection (b) | ||
that is designated as a main early voting polling place by any | ||
political subdivision: | ||
(1) must be open for voting for all political | ||
subdivisions the polling place serves for at least the days and | ||
hours required of a main early voting polling place under Section | ||
85.002 for the political subdivision making the designation; and | ||
(2) may not be open for voting earlier than 7 a.m. or | ||
later than 7 p.m.[ |
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SECTION 28. Section 85.033, Election Code, is amended to | ||
read as follows: | ||
Sec. 85.033. SECURITY OF VOTING MACHINE. (a) At the close | ||
of early voting each day, the early voting clerk shall secure each | ||
voting machine used for early voting in the manner prescribed by the | ||
secretary of state so that its unauthorized operation is prevented. | ||
The clerk shall unsecure the machine before the beginning of early | ||
voting the following day. | ||
(b) A voting machine used for early voting may not be | ||
removed from the polling place until the polls close on election | ||
day. | ||
SECTION 29. Section 85.064, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Early voting by personal appearance at a temporary | ||
branch polling place may not be conducted earlier than 7 a.m. or | ||
later than 7 p.m. | ||
SECTION 30. Section 86.001, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Before the clerk mails or provides a ballot to an | ||
applicant, the clerk shall identify the unique barcode included on | ||
the carrier envelope and make a record indicating that a carrier | ||
envelope with the unique barcode was issued. | ||
SECTION 31. Section 86.007(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (d), a marked ballot | ||
voted by mail must arrive at the address on the carrier envelope: | ||
(1) before the time the polls are required to close on | ||
election day; or | ||
(2) not later than 5 p.m. on the day after election | ||
day, if the carrier envelope was placed for delivery by mail or | ||
common or contract carrier before election day and bears a | ||
cancellation mark of a common or contract carrier or a courier | ||
indicating a date [ |
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SECTION 32. Section 86.011, Election Code, is amended by | ||
adding Subsection (a-1) and amending Subsections (b) and (c) to | ||
read as follows: | ||
(a-1) The early voting clerk shall scan the unique barcode | ||
on the official carrier envelope, make a record of the barcode, and | ||
determine whether the unique barcode matches the barcode of an | ||
official carrier envelope recorded under Section 86.001(f). The | ||
clerk shall reject a carrier envelope with a barcode that: | ||
(1) does not match the barcode of an official carrier | ||
envelope recorded under Section 86.001(f); or | ||
(2) matches a barcode of an official carrier envelope | ||
that has already been received by the early voting clerk. | ||
(b) If the return is timely and the carrier envelope is not | ||
rejected under Subsection (a-1), the clerk shall enclose the | ||
carrier envelope and the voter's early voting ballot application in | ||
a jacket envelope. The clerk shall also include in the jacket | ||
envelope: | ||
(1) a copy of the voter's federal postcard application | ||
if the ballot is voted under Chapter 101; and | ||
(2) the signature cover sheet, if the ballot is voted | ||
under Chapter 105. | ||
(c) If the return is not timely or the carrier envelope is | ||
rejected under Subsection (a-1), the clerk shall enter the time of | ||
receipt on the carrier envelope and retain it for the period for | ||
preserving the precinct election records. The clerk shall destroy | ||
the unopened envelope and its contents after the preservation | ||
period. | ||
SECTION 33. Section 86.013, Election Code, is amended by | ||
adding Subsection (h) to read as follows: | ||
(h) Each official carrier envelope must include a unique | ||
barcode that may be identified and recorded by the early voting | ||
clerk under Sections 86.001(f) and 86.011(a-1). | ||
SECTION 34. Section 87.0241(b), Election Code, is amended | ||
to read as follows: | ||
(b) The board may not count early voting ballots until[ |
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[ |
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[ |
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SECTION 35. Section 87.062, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Before counting a ballot voted by mail, the early | ||
voting ballot board shall identify the unique barcode or microchip | ||
included on the ballot under Section 52.076, make a record | ||
indicating that the board has counted a ballot with that barcode or | ||
microchip, and compare the barcode or microchip to records of other | ||
counted ballots. If the barcode or microchip on the ballot is the | ||
same as a barcode or microchip recorded for a ballot that has | ||
already been counted, the board may not count the ballot. Ballots | ||
not counted under this section shall be placed in an envelope and | ||
treated in the same manner as rejected ballots under Section | ||
87.043. | ||
SECTION 36. Section 87.103, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a) | ||
The early voting electronic system ballots counted at a central | ||
counting station, the ballots cast at precinct polling places, and | ||
the ballots voted by mail shall be tabulated separately [ |
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reported on the returns. | ||
(a-1) Before counting a ballot voted by mail, the unique | ||
barcode or microchip included on each ballot under Section 52.076 | ||
must be identified, recorded, and compared to the barcode or | ||
microchip records of other counted ballots. If the barcode or | ||
microchip on the ballot is the same as a barcode or microchip | ||
recorded for a ballot that has already been counted, the ballot may | ||
not be counted. Ballots not counted under this section shall be | ||
placed in an envelope and treated in the same manner as rejected | ||
ballots under Section 87.043. | ||
(b) The early voting returns prepared at the central | ||
counting station must include any early voting results obtained by | ||
the early voting ballot board under Subchapter [ |
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SECTION 37. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Sections 127.008 and 127.009 to read as follows: | ||
Sec. 127.008. VOTE COUNTING EQUIPMENT IN CENTRAL COUNTING | ||
STATION. No equipment to count votes shall be used that is capable | ||
of being connected to the Internet or any other computer network. | ||
Sec. 127.009. EXCEPTION REPORT FOR REPAIRS OR MAINTENANCE. | ||
A person performing requested repairs or maintenance of equipment | ||
at a central counting station in accordance with this title may, as | ||
necessary, enter the central counting station with an electronic | ||
device capable of being connected to the Internet. After | ||
performing the requested repairs or maintenance, the person shall, | ||
not later than the third business day after the date the person | ||
entered the counting station, file an exception report with the | ||
secretary of state in a form adopted by the secretary for that | ||
purpose. | ||
SECTION 38. Section 127.201(a), Election Code, is amended | ||
to read as follows: | ||
(a) To ensure the accuracy of the tabulation of electronic | ||
voting system results, the general custodian of election records | ||
shall conduct a manual count of all the races in at least one | ||
percent of the election precincts or in the three largest | ||
precincts, whichever represents a [ |
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which the electronic voting system was used. The custodian shall | ||
publicly select the final three precincts at random and shall begin | ||
the count not later than 72 hours after the polls close. The count | ||
shall be completed not later than the 21st day after election day. | ||
Subsection (b) supersedes this subsection to the extent of a | ||
conflict. | ||
SECTION 39. Subchapter A, Chapter 129, Election Code, is | ||
amended by adding Section 129.003 to read as follows: | ||
Sec. 129.003. SECURE VOTING SYSTEM REQUIRED. (a) In this | ||
section, "secure voting system" means a voting system that: | ||
(1) uses voting machines that are not capable of | ||
connecting to the Internet or otherwise wirelessly connecting to | ||
another electronic device; and | ||
(2) either: | ||
(A) uses a paper record; or | ||
(B) produces a paper receipt by which a voter can | ||
verify that the voter's ballot will be counted accurately. | ||
(b) A voting system that consists of direct recording | ||
electronic voting machines may not be used in an election unless the | ||
system is a secure voting system. | ||
(c) Except for a recount under Title 13, the electronic vote | ||
is the official record of the ballot. For a recount of ballots cast | ||
on a system involving direct recording electronic voting machines, | ||
the paper record or receipt copy is the official record of the vote | ||
cast. | ||
SECTION 40. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 43.004(c); | ||
(2) Section 43.007; | ||
(3) Section 65.002(b); | ||
(4) Section 84.032(e); and | ||
(5) Section 127.201(f). | ||
SECTION 41. 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, 2021. |