79R5243 DRH-F

By:  Kolkhorst                                                    H.B. No. 3083



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.  Chapter 129, Election Code, is amended by adding 
Section 129.002 to read as follows:
	Sec. 129.002.  VOTER-VERIFIED PERMANENT PAPER RECORD.  (a)  
A voting system that consists of direct recording electronic voting 
machines may not be used in an election unless the system produces a 
voter-verified permanent paper record suitable for a manual audit.
	(b)  The system must allow a voter:                                     
		(1)  to inspect and verify the paper record before the 
voter's ballot is recorded electronically; and
		(2)  an opportunity to make changes to the voter's 
electronic ballot after reviewing the paper record.
	(c)  If the voter makes changes under Subsection (b)(2), the 
system must invalidate the paper record that the voter reviewed and 
generate a new paper record corresponding to the changed vote.  The 
new paper record must be reviewed by the voter in the manner 
provided by Subsection (b).
	(d)  If the voter verifies that the paper record is correct, 
the system shall record the voter's electronic vote and preserve 
the paper records at the polling place in the same manner as paper 
ballots are preserved to ensure that the paper records may be used 
in a manual audit or recount.
	(e)  Except for a recount under Title 13, the electronic vote 
is the official record of the ballot.  For a recount of ballots cast 
on a system involving direct recording electronic voting machines, 
the paper record is the official record of the vote cast.  The paper 
record may be used for a manual audit of the system and shall be 
preserved in the same manner as other paper records in an election.
	SECTION 2.  (a)  Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2005.
	(b)  The change in law made by Section 1 of this Act does not 
apply until July 1, 2006, to a voting system that:
		(1)  uses direct recording electronic machines;                               
		(2)  was approved by the secretary of state; and                              
		(3)  was used in an election held before September 1, 
2005.