HBA-TYH H.B. 1053 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1053 By: Yarbrough Elections 2/23/1999 Introduced BACKGROUND AND PURPOSE Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 require the election process to be accessible to voters with disabilities. To ensure that Texas voting systems are in compliance, this bill incorporates the federal mandate into the Texas statute. H.B. 1053 requires a voting system to comply with federal law and ensures that a voter with a physical disability is able to cast a secret ballot. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 122.001(a), Election Code, to prohibit a voting system from being used in an election unless the system, among 11 other conditions, complies with Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 794) (Nondiscrimination under Federal Grants and Programs) and its subsequent amendments and Title II of the federal Americans with Disabilities Act (42 U.S.C. Section 12131 et seq.) (Definitions) and its subsequent amendments, and provides a practical and effective means for a voter with a physical disability to cast a secret ballot. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.