1-1 AN ACT 1-2 relating to the implementation of new voting system technology in 1-3 certain elections. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 123.004, Election Code, is amended to read 1-6 as follows: 1-7 Sec. 123.004. RESTRICTING VOTING SYSTEM TO PARTICULAR 1-8 POLLING PLACES. The authority adopting a voting system may restrict 1-9 its use to one or more polling places, subject to Section 123.009. 1-10 SECTION 2. Section 123.007, Election Code, is amended to 1-11 read as follows: 1-12 Sec. 123.007. ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR 1-13 SAME ELECTION. If more than one kind of voting system is adopted 1-14 for use at the polling places in the same election, the adopting 1-15 authority shall determine the polling place or places at which each 1-16 system is to be used, subject to Section 123.009. 1-17 SECTION 3. Subchapter A, Chapter 123, Election Code, is 1-18 amended by adding Section 123.009 to read as follows: 1-19 Sec. 123.009. IMPLEMENTATION OF NEW TECHNOLOGY IN CERTAIN 1-20 ELECTIONS. (a) This section applies to a voting system adopted for 1-21 use in an election ordered by the governor or a county authority or 1-22 in a primary election. 1-23 (b) If the design of the voting system or voting system 1-24 equipment is modified, upgraded, or otherwise enhanced by the 2-1 incorporation of new technology, the voting system equipment 2-2 implementing the new technology shall be distributed and used 2-3 proportionately and equitably among the election precincts in which 2-4 the particular voting system is used. 2-5 (c) The secretary of state by rule shall prescribe any 2-6 procedures necessary for the implementation of this section in a 2-7 manner that protects the voting rights of the affected voters. 2-8 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2923 was passed by the House on April 20, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2923 was passed by the Senate on May 15, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor