87R20359 ADM-D

By: Hefner, Cain, Jetton, Swanson, et al. H.B. No. 1314

Substitute the following for H.B. No. 1314:

By: Schofield C.S.H.B. No. 1314

A BILL TO BE ENTITLED

AN ACT

relating to manufacturing requirements for hardware and software used in a voting system used in an election in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 122.032, Election Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) For a voting system or voting system equipment to be approved for use in elections, the voting system in which the equipment is designed to be used must:

(1) comply with the standards prescribed by Subchapter A; and

(2) beginning September 1, 2021, have:

(A) all software used in the voting system be developed and operated entirely within the United States and sold by a company whose:

(i) headquarters are located in the United States; and

(ii) parent company's headquarters, if applicable, are located in the United States; and

(B) all hardware used in the voting system, if manufactured outside the United States, be delivered to the United States without any embedded software installed.

(c) In this section, "embedded software" means programmable instructions provided on software that is delivered with voting system equipment or with a replacement part for that equipment for the purpose of equipment operation, including all relevant patches and fixes made by the original equipment manufacturer of the voting system equipment or replacement part for that purpose.

SECTION 2. 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 September 1, 2021.