BILL ANALYSIS

S.B. 1387

By: Creighton

Elections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Concerns have been raised regarding the potential vulnerability of voting systems, which leaves these systems not manufactured in the United States, and therefore elections in Texas, open to undue influence, tampering, or interference. S.B. 1387 seeks to ensure the integrity of elections in Texas by requiring voting systems used in Texas elections to meet certain manufacturing requirements.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1387 amends the Election Code to require a voting system and voting system equipment used in an election in Texas to be manufactured, stored, and held in the United States and sold by a company whose headquarters are located in the United States and whose parent company's headquarters, if applicable, are located in the United States. This requirement applies beginning September 1, 2021. A voting system or voting system equipment is considered to be manufactured in the United States if final assembly of the voting system or voting system equipment occurs in the United States and all firmware and software are installed and tested in the United States.

S.B. 1387 requires the secretary of state to conduct a comprehensive study to determine the feasibility of requiring each voting system used in an election in Texas to have all components of the voting system, including all software and hardware, manufactured, stored, and held in the United States. The bill requires the secretary of state, not later than January 1, 2023, to create a detailed report summarizing the findings of the study and to deliver the report to the legislature.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.