By Jones of Dallas, Hodge, Madden                     H.B. No. 2923
         77R8912 PAM-D                           
                                A BILL TO BE ENTITLED
 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.