SRC-TJG, JEC C.S.H.B. 2153 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2153
By: Denny (Staples)
State Affairs
5/20/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law requires a political subdivision that is acquiring a voting
system to obtain and attach to the contract a letter from the secretary of
state's office certifying the system and equipment. C.S.H.B. 2153 requires
that a contract for acquisition of a voting system be approved by the
secretary of state as to compliance of the voting system and voting system
equipment with the applicable requirements. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 123.035, Election Code, as follows:

(a)  Requires a contract for the acquisition of voting system equipment
under this subchapter to be approved by the secretary of state as to
compliance of the voting system and voting system equipment with the
applicable requirements.  Requires the authority acquiring the equipment
to submit to the secretary of state a request for the letter and order
described by this subsection accompanied by a copy of the relevant
portions of the contract containing only the identifying information that
the secretary needs to determine whether the version of the system and
equipment being acquired under the contract complies with the applicable
requirements.  Requires the secretary of state, if the contract is
approved, to provide to the parties to the contract certain information. 

(b)  Provides that a contract for the acquisition of voting system
equipment under this subchapter that is not approved by the secretary of
state in accordance with Subsection (a) is void. 

(c)  Makes conforming changes.

(d)  Requires the secretary of state, if the secretary does not approve a
contract under this section, to provide notice to the parties to the
contract that states the reasons the contract was not approved. 

SECTION 2.   (a)  Effective date:  September 1, 2003.

(b) and (c) Make application of this Act prospective.