1-1           By:  Madla                                       S.B. No. 513

 1-2           (In the Senate - Filed February 10, 1997; February 12, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 18, 1997, reported favorably by the following vote:  Yeas 12,

 1-5     Nays 0; March 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the use of a computer modem to transmit certain

 1-9     precinct election results.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 127.1231, Election Code, is amended to

1-12     read as follows:

1-13           Sec. 127.1231.  SECURITY OF AUTOMATIC TABULATING EQUIPMENT.

1-14     (a)  Except as provided by Subsection (b), the [The] general

1-15     custodian of election records shall ensure that any computer

1-16     terminals located outside the central counting station that are

1-17     capable of accessing the automatic tabulating equipment during the

1-18     tabulation are capable of inquiry functions only and shall ensure

1-19     that no modem access to the tabulating equipment is available

1-20     during the tabulation.

1-21           (b)  The secretary of state may prescribe procedures for the

1-22     use of a system to allow results to be transmitted by a modem to

1-23     the central counting station from units of automatic tabulating

1-24     equipment located at a precinct polling place or at a regional

1-25     tabulating center serving several precincts.  The system must

1-26     provide for a secure transmission of data.  Results may not be

1-27     transmitted under this subsection until the polls close on election

1-28     day.

1-29           SECTION 2.  This Act takes effect September 1, 1997.

1-30           SECTION 3.  The importance of this legislation and the

1-31     crowded condition of the calendars in both houses create an

1-32     emergency and an imperative public necessity that the

1-33     constitutional rule requiring bills to be read on three several

1-34     days in each house be suspended, and this rule is hereby suspended.

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