| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to consistency in election practices and procedures; |
|
|
increasing the penalty for unlawful participation in a political |
|
|
party's proceedings. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 66.058(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) Except as otherwise provided by this code, the precinct |
|
|
election records shall be preserved by the authority to whom they |
|
|
are distributed[:
|
|
|
[(1) in an election involving a federal office,] for |
|
|
at least 36 [22] months after election day [in accordance with
|
|
|
federal law; or
|
|
|
[(2)
in an election not involving a federal office,
|
|
|
for at least six months after election day]. |
|
|
SECTION 2. Section 127.152(c), Election Code, is amended to |
|
|
read as follows: |
|
|
(c) The general custodian of election records shall |
|
|
preserve the test materials for the period for preserving the |
|
|
precinct election records [at least one year after election day or
|
|
|
for at least 22 months after election day for an election involving
|
|
|
a federal office]. |
|
|
SECTION 3. Section 129.023(f), Election Code, is amended to |
|
|
read as follows: |
|
|
(f) On completing the testing: |
|
|
(1) the testing board shall witness and document all |
|
|
steps taken to reset, seal, and secure any equipment or test |
|
|
materials, as appropriate; and |
|
|
(2) the general custodian for election records shall |
|
|
preserve a copy of the system's software at a secure location that |
|
|
is outside the administrator's and programming entity's control for |
|
|
the period for preserving the precinct election records [until at
|
|
|
least 22 months after election day]. |
|
|
SECTION 4. Section 162.014(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) An offense under this section is a felony of the second |
|
|
degree unless the person is convicted of an attempt. In that case, |
|
|
the offense is a state jail felony [Class C misdemeanor]. |
|
|
SECTION 5. The change in law made by this Act to Section |
|
|
162.014, Election Code, applies only to an offense committed on or |
|
|
after the effective date of this Act. An offense committed before |
|
|
the effective date of this Act is governed by the law in effect when |
|
|
the offense was committed, and the former law is continued in effect |
|
|
for that purpose. For purposes of this section, an offense was |
|
|
committed before the effective date of this Act if any element of |
|
|
the offense occurred before that date. |
|
|
SECTION 6. This Act takes effect September 1, 2017. |