|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the period for preserving precinct election records. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 66.058, Election Code, is amended by |
|
|
amending Subsections (b), (c), and (d) and adding Subsection (b-1) |
|
|
to read as follows: |
|
|
(b) For a period of at least 60 days after the date of the |
|
|
election, the [The] voted ballots shall be preserved securely in a |
|
|
locked room in the locked ballot box in which they are delivered to |
|
|
the general custodian of election records. On the 61st day after |
|
|
election day, the general custodian of election records may: |
|
|
(1) require a person who has possession of a key that |
|
|
operates the lock on a ballot box containing voted ballots to return |
|
|
the key to the custodian; and |
|
|
(2) unlock the ballot box and transfer the voted |
|
|
ballots to another secure container for the remainder of the |
|
|
preservation period. |
|
|
(b-1) Except as permitted by this code, a ballot box or other |
|
|
secure container containing voted ballots may not be opened during |
|
|
the preservation period. |
|
|
(c) If during the preservation period an authorized entry is |
|
|
made into a ballot box or other secure container containing voted |
|
|
ballots, when the purpose for the entry is fulfilled, the box or |
|
|
container shall be relocked or resecured, and the box and key or |
|
|
secure container returned to the custodian. |
|
|
(d) A custodian of a ballot box or secure container |
|
|
containing voted ballots commits an offense if, during the |
|
|
preservation period prescribed by Subsection (a), the custodian: |
|
|
(1) makes an unauthorized entry into the box or |
|
|
container; or |
|
|
(2) fails to prevent another person from handling the |
|
|
box or container in an unauthorized manner or from making an |
|
|
unauthorized entry into the box or container. |
|
|
SECTION 2. Section 66.058(g), Election Code, is repealed. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect on the 91st day after the last day of the |
|
|
legislative session. |