79R15623 DRH-F


By:  Pena, Hochberg, Baxter, Kolkhorst,                           H.B. No. 166
 
    Hughes                                                                   

Substitute the following for H.B. No. 166:                                    

By:  Denny                                                    C.S.H.B. No. 166



A BILL TO BE ENTITLED

AN ACT

relating to the use of direct recording electronic voting machines.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 129.001(a) and (e), Election Code, are 
amended to read as follows:
	(a)  As part of the testing of the direct recording 
electronic voting machine equipment before its use in a particular 
election, the general custodian of election records shall include a 
specific test of each machine's logic and accuracy functions to 
ensure that the machine properly records, counts, and tabulates the 
votes.  The secretary of state shall prescribe specific 
requirements and deadlines for testing under this subsection, 
including the use of a format that tests each ballot position for 
each precinct and ballot style.
	(e)  The secretary of state shall:                                      
		(1)  prescribe procedures requiring the following 
testing methods for a voting system that uses direct recording 
electronic voting machines:
			(A)  an electronic hash code test before and after 
the date of an election;
			(B)  parallel testing of programming and 
equipment during the period for early voting by personal appearance 
and on election day; and
			(C)  postelection verification counts from each 
redundant electronic source provided by the voting system;
		(2)  develop guidelines for the physical and virtual 
security of the ballot programming and tabulation software and 
equipment, including the use of secured facilities and appropriate 
password protection protocols; and
		(3)  prescribe any other procedures necessary to 
implement this section and to ensure the orderly and proper 
administration of elections using direct recording electronic 
voting machines.
	SECTION 2.  (a)  The secretary of state shall conduct a study 
to evaluate the feasibility and advisability of requiring a voter 
verified paper audit trail for a direct recording electronic voting 
system.  Following the study, the secretary of state shall file a 
written report containing findings with the speaker of the house of 
representatives and the lieutenant governor not later than December 
1, 2006.
	(b)  An advisory committee shall assist and advise the 
secretary of state on the study and provide guidance to the 
secretary of state on the written report.  The advisory committee 
consists of:
		(1)  three persons appointed by the speaker of the 
house of representatives;
		(2)  three persons appointed by the lieutenant 
governor;                    
		(3)  three persons who have broad technical competence 
and experience with voting systems, appointed jointly by the 
speaker and the lieutenant governor; and
		(4)  three local election officials appointed by the 
secretary of state.    
	(c)  This section expires January 1, 2007.                                     
	SECTION 3.  This Act takes effect January 1, 2006.