1-1 By: Jones of Dallas, Hodge, Madden H.B. No. 2923 1-2 (Senate Sponsor - Whitmire) 1-3 (In the Senate - Received from the House April 23, 2001; 1-4 April 24, 2001, read first time and referred to Committee on State 1-5 Affairs; May 7, 2001, reported favorably by the following vote: 1-6 Yeas 6, Nays 0; May 7, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the implementation of new voting system technology in 1-10 certain elections. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Section 123.004, Election Code, is amended to read 1-13 as follows: 1-14 Sec. 123.004. RESTRICTING VOTING SYSTEM TO PARTICULAR 1-15 POLLING PLACES. The authority adopting a voting system may restrict 1-16 its use to one or more polling places, subject to Section 123.009. 1-17 SECTION 2. Section 123.007, Election Code, is amended to 1-18 read as follows: 1-19 Sec. 123.007. ADOPTION OF MORE THAN ONE VOTING SYSTEM FOR 1-20 SAME ELECTION. If more than one kind of voting system is adopted 1-21 for use at the polling places in the same election, the adopting 1-22 authority shall determine the polling place or places at which each 1-23 system is to be used, subject to Section 123.009. 1-24 SECTION 3. Subchapter A, Chapter 123, Election Code, is 1-25 amended by adding Section 123.009 to read as follows: 1-26 Sec. 123.009. IMPLEMENTATION OF NEW TECHNOLOGY IN CERTAIN 1-27 ELECTIONS. (a) This section applies to a voting system adopted for 1-28 use in an election ordered by the governor or a county authority or 1-29 in a primary election. 1-30 (b) If the design of the voting system or voting system 1-31 equipment is modified, upgraded, or otherwise enhanced by the 1-32 incorporation of new technology, the voting system equipment 1-33 implementing the new technology shall be distributed and used 1-34 proportionately and equitably among the election precincts in which 1-35 the particular voting system is used. 1-36 (c) The secretary of state by rule shall prescribe any 1-37 procedures necessary for the implementation of this section in a 1-38 manner that protects the voting rights of the affected voters. 1-39 SECTION 4. This Act takes effect September 1, 2001. 1-40 * * * * *