By:  Denny (Senate Sponsor - Staples)                             H.B. No. 2153
	(In the Senate - Received from the House April 14, 2003; 
April 15, 2003, read first time and referred to Committee on State 
Affairs; May 21, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 8, Nays 0; 
May 21, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 2153                                   By:  Staples


A BILL TO BE ENTITLED

AN ACT


relating to filing a voting system equipment contract with the 
secretary of state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 123.035, Election Code, is amended to 
read as follows:   
	Sec. 123.035.  VOTING SYSTEM EQUIPMENT CONTRACT.  (a)  A 
contract for the acquisition of voting system equipment under this 
subchapter must be in writing and be approved by the secretary of 
state as to compliance of the voting system and voting system 
equipment with the applicable requirements.  The authority 
acquiring the equipment shall 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.  If the contract is approved, the secretary of state 
shall provide to the parties to the contract [incorporate before 
execution]:
		(1)  a letter [from the secretary of state] stating 
that the voting system and voting system equipment being acquired 
under the contract satisfy the applicable requirements for 
approval; and
		(2)  a certified copy of the written order issued by the 
secretary under Section 122.038 or 122.070 approving the voting 
system and voting system equipment for use in elections and, if 
applicable, of the written order issued under Section 122.095 
granting conditional approval of the system or equipment.
	(b)  A contract for the acquisition of voting system 
equipment under this subchapter that is not approved by the 
secretary of state in accordance [does not comply] with Subsection 
(a) is void.  The contract may not be ratified by either party and a 
payment may not be made relating to the contract.
	(c)  A person commits an offense if the person executes a 
voting system equipment contract that is not approved by the 
secretary of state in accordance [does not comply] with Subsection 
(a).  An offense under this subsection is a Class B misdemeanor.
	(d)  If the secretary of state does not approve a contract 
under this section, the secretary shall provide notice to the 
parties to the contract that states the reasons the contract was not 
approved.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act does not affect the 
validity of a contract entered into in accordance with law before 
the effective date of this Act.
	(c)  The change in law made by this Act applies only to an 
offense committed on or after the effective date of this Act.  For 
purposes of this section, an offense is committed before the 
effective date of this Act if any element of the offense occurs 
before the effective date.  An offense committed before the 
effective date of this Act is covered by the law in effect when the 
offense was committed, and the former law is continued in effect for 
that purpose.



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