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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a fund to assist local governments with |
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the acquisition of voting system equipment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 123, Election Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. VOTING SYSTEM FUND |
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Sec. 123.091. DEFINITIONS. In this subchapter: |
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(1) "Eligible equipment" means voting system |
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equipment that is certified by the United States Election |
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Assistance Commission and the secretary of state on the date it is |
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acquired and that uses or produces a paper ballot by which a voter |
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can verify that the voter's selections are accurately reflected. |
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(2) "Fund" means the voting system fund. |
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Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system |
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fund is an account in the general revenue fund. |
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(b) The fund consists of money transferred to the fund at |
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the discretion of the legislature. |
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(c) Money in the fund may be appropriated only for a grant |
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under Section 123.093. |
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(d) The fund is exempt from the application of Section |
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403.095, Government Code. |
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Sec. 123.093. GRANTS FROM FUND. (a) A county may apply to |
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the secretary of state for a grant under this subchapter to replace |
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voting system equipment or to reimburse the replacement or |
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conversion of voting system equipment purchased on or after |
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December 1, 2016. A county is eligible to receive a grant equal to |
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not more than 50 percent of the total cost of the eligible |
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equipment. |
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(b) The secretary of state shall develop criteria for the |
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fair and proportional distribution of grants that consider: |
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(1) the number of voters likely to be served by the |
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eligible equipment; |
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(2) the age and condition of any equipment replaced, |
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converted, or proposed for replacement or conversion; |
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(3) the need for equitable distribution of grant funds |
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to both rural and urban counties; |
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(4) whether the county governing body has adopted a |
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reasonable long-term plan to address the maintenance, repair, and |
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eventual replacement needs for the eligible equipment; and |
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(5) any other factor considered relevant by the |
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secretary of state. |
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(c) If the total amount requested under qualifying grant |
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applications exceeds the total amount available for the purpose of |
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awarding grants, amounts shall be allocated using the criteria |
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developed by the secretary of state under Subsection (b). |
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Sec. 123.094. APPLICATION FOR GRANT; VERIFICATION OF COSTS. |
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(a) To receive a grant under Section 123.093, a county must submit |
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an application to the secretary of state. The secretary of state |
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shall prescribe a form for the application. |
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(b) The application must describe: |
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(1) the type or types of eligible equipment purchased, |
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leased, converted, or proposed for purchase, lease, or conversion; |
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(2) the actual or expected total cost of the eligible |
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equipment and any sources of funding used or that will be used for |
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its purchase, lease, or conversion in addition to the grant funding |
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provided by this subchapter; |
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(3) the county's plan to address the long-term |
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maintenance, repair, and eventual replacement costs for the |
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eligible equipment; and |
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(4) any other information required by the secretary of |
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state. |
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(c) The secretary of state shall establish: |
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(1) a deadline for receipt of grant applications; |
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(2) a procedure for awarding and distributing grants; |
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and |
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(3) a process for verifying the proper use of the |
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grants after distribution. |
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Sec. 123.095. STUDY ON VOTING SYSTEM FUNDING. (a) The |
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secretary of state, in cooperation with county officers who |
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administer elections, shall conduct a study to determine the best |
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manner in which to fund the voting system fund under this subchapter |
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for the replacement or conversion of voting system equipment, and |
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make recommendations based on the determinations. |
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(b) Not later than December 31, 2020, the secretary of state |
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shall report the study's findings to the committees of each house of |
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the legislature with jurisdiction over elections. |
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(c) This section expires September 1, 2021. |
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SECTION 2. The secretary of state is required to implement a |
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provision of this Act only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the secretary of |
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state may, but is not required to, implement a provision of this Act |
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using other appropriations available for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |