By Yarbrough H.B. No. 1053
76R4898 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a voting system to be accessible by persons
1-3 with physical disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 122.001(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) A voting system may not be used in an election unless
1-8 the system:
1-9 (1) preserves the secrecy of the ballot;
1-10 (2) is suitable for the purpose for which it is
1-11 intended;
1-12 (3) operates safely, efficiently, and accurately;
1-13 (4) is safe from fraudulent or unauthorized
1-14 manipulation;
1-15 (5) permits voting on all offices and measures to be
1-16 voted on at the election;
1-17 (6) prevents counting votes on offices and measures on
1-18 which the voter is not entitled to vote;
1-19 (7) prevents counting votes by the same voter for more
1-20 than one candidate for the same office or, in elections in which a
1-21 voter is entitled to vote for more than one candidate for the same
1-22 office, prevents counting votes for more than the number of
1-23 candidates for which the voter is entitled to vote;
1-24 (8) prevents counting a vote on the same office or
2-1 measure more than once;
2-2 (9) permits write-in voting;
2-3 (10) is capable of permitting straight-party voting;
2-4 [and]
2-5 (11) is capable of providing records from which the
2-6 operation of the voting system may be audited; and
2-7 (12) complies with Section 504 of the federal
2-8 Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its
2-9 subsequent amendments and Title II of the federal Americans with
2-10 Disabilities Act (42 U.S.C. Section 12131 et seq.) and its
2-11 subsequent amendments and provides a practical and effective means
2-12 for a voter with a physical disability to cast a secret ballot.
2-13 SECTION 2. This Act takes effect September 1, 1999.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.