By: Swanson, Morrison, Cortez, Klick, Israel H.B. No. 4130
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to use of an electronic device for accepting voters;
  authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 31, Election Code, is
  amended by adding Section 31.014 to read as follows:
         Sec. 31.014.  CERTIFICATION OF ELECTRONIC DEVICES TO ACCEPT
  VOTERS. (a) The secretary of state shall prescribe specific
  requirements and standards, consistent with this code, for the
  certification of an electronic device used to accept voters under
  Chapter 63 that require the device to:
               (1)  produce an electronic copy of the list of voters
  who were accepted to vote for delivery to the election judge after
  the polls close;
               (2)  display the voter's original signature in
  accordance with Section 63.002;
               (3)  accept a voter for voting even when the device is
  off-line;
               (4)  provide the full list of voters registered in the
  county with an indication of the jurisdictional or distinguishing
  number for each territorial unit in which each voter resides;
               (5)  time-stamp when each voter is accepted at a
  polling place, including the voter's unique identifier;
               (6)  if the county participates in the countywide
  polling place program under Section 43.007 or has more than one
  early voting polling place, transmit a time stamp when each voter is
  accepted, including the voter's unique identifier, to all polling
  place locations;
               (7)  time-stamp the receipt of a transmission under
  Subdivision (6); and
               (8)  produce in an electronic format compatible with
  the statewide voter registration list under Section 18.061 data for
  retention and transfer that includes:
                     (A)  the polling location in which the device was
  used;
                     (B)  the dated time stamp under Subdivision (5);
  and
                     (C)  the
  dated time stamp under Subdivision (7).
         (b)  A device described by this section must be certified
  annually by the secretary of state.
         (c)  The secretary of state shall adopt rules that require a
  device described by this section used during the early voting
  period or under the countywide polling place program under Section
  43.007 to update data in real time. If a county uses a device that
  does not comply with the rule in two consecutive general elections
  for state and county officers, the secretary of state shall assess a
  noncompliance fee. The noncompliance fee shall be set at an amount
  determined by secretary of state rule.
         SECTION 2.  Section 63.003, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  The poll list may be in the form of an electronic device
  approved by the secretary of state. The secretary of state shall
  adopt rules governing the use of electronic poll lists.
         SECTION 3.  Section 63.004, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A combination form may be in the form of an electronic
  device approved by the secretary of state. The secretary of state
  shall adopt rules governing the minimum requirements and approval
  of an electronic device used for any form used in connection with
  the acceptance of voters at a polling place.
         SECTION 4.  This Act takes effect September 1, 2019.