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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a device capable of recording images or |
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sounds during election proceedings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.051(c), Election Code, is amended to |
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read as follows: |
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(c) A watcher may not be accepted for service if the watcher |
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has possession of a device capable of recording images or sound |
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unless the watcher agrees to comply with the requirements of |
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Section 61.014 [disable or deactivate the device]. The presiding |
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judge may inquire whether a watcher has possession of any |
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[prohibited] recording device before accepting the watcher for |
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service. |
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SECTION 2. Section 33.052(b), Election Code, is amended to |
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read as follows: |
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(b) For purposes of this section, a watcher is considered to |
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have served continuously if the watcher leaves the polling place |
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for the purpose of using a wireless communication device for a |
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purpose other than as permitted [prohibited from use in the polling |
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place] under Section 61.014 and the watcher promptly returns. |
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SECTION 3. Sections 61.014(a), (b), and (d), Election Code, |
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are amended to read as follows: |
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(a) A person may not use a wireless communication device |
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within 100 feet of a voting station while voting is taking place. |
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(b) A person may not use any mechanical or electronic means |
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to record [of recording] images or sound: |
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(1) within 100 feet of a voting station while voting is |
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taking place; or |
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(2) of a marked ballot that can be associated with a |
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voter. |
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(d) Subsections (a) and (b)(1) do [This section does] not |
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apply to: |
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(1) an election officer in conducting the officer's |
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official duties; |
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(2) the use of election equipment necessary for the |
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conduct of the election; [or] |
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(3) a person who is employed at the location in which a |
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polling place is located while the person is acting in the course of |
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the person's employment; |
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(4) a member of the early voting ballot board who is |
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processing early voting ballots, except when opening a carrier |
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envelope for an early voting ballot voted by mail in accordance with |
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Section 87.042; |
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(5) a member of the recount committee who is counting |
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ballots; |
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(6) a member of a tribunal deciding an election |
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contest; or |
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(7) a watcher, except that a watcher may use a wireless |
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communication device only as necessary to record images or sound. |
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SECTION 4. Section 87.042, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person may not use a wireless communication device or |
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any mechanical or electronic means of recording images or sound |
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within 100 feet of the area in which the early voting ballot board |
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disposes of an accepted ballot under this section. |
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SECTION 5. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2021. |