87S10034 MLH-F
 
  By: Parker H.B. No. 123
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the security of voted ballots.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 65, Election Code, is
  amended by adding Section 65.017 to read as follows:
         Sec. 65.017.  VIDEO RECORDING OF COUNTING LOCATIONS. (a)
  This section applies to:
               (1)  a primary election;
               (2)  the general election for state and county
  officers; and
               (3)  an election in which the county clerk serves as the
  early voting clerk.
         (b)  The general custodian of election records shall
  implement a video surveillance system that retains a record of all
  areas containing voted ballots from the time the ballots are
  delivered to the general custodian of election records until the
  canvass of precinct election returns.  The video recording must be
  retained in the same manner as a precinct election record under
  Section 66.058.
         (c)  Subject to Subsection (e), the general custodian of
  election records shall provide a live video stream of any activity
  recorded under Subsection (b) on the Internet website of the
  authority administering the election.
         (d)  The secretary of state shall prescribe procedures
  necessary for the implementation of this section.
         (e)  The general custodian of election records in a county
  with a population of less than 100,000 may, but is not required to,
  comply with the live video stream requirement under Subsection (c).
         SECTION 2.  Section 31.009, Election Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  If state funds are made available to provide for the
  security of voted ballots under Section 65.017, the secretary of
  state shall administer and distribute the funds to counties as
  appropriate to most effectively facilitate the purpose for which
  the funds are made available.
         (c)  The secretary of state shall prescribe any necessary
  rules and take any appropriate action to implement this section.
         SECTION 3.  Subchapter A, Chapter 31, Election Code, is
  amended by adding Section 31.0112 to read as follows:
         Sec. 31.0112.  VIDEO RECORDING OF COUNTING LOCATIONS FUND.
  (a) The video recording of counting locations fund is an account in
  the general fund. Money in the account may only be used to
  implement Section 65.017.
         (b)  The secretary of state shall establish a grant program
  to assist counties with the implementation of Section 65.017.
         (c)  If a federal program makes funding available to this
  state for the purpose of video recording of ballot counting
  locations, state funds appropriated under this section may be used
  to meet any federal matching requirement under the federal program.
         (d)  The fund is exempt from the application of Section
  403.095, Government Code.
         SECTION 4.  The governing body of a political subdivision is
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose. If
  the legislature does not appropriate money specifically for that
  purpose, the governing body may, but is not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.