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A BILL TO BE ENTITLED
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AN ACT
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relating to the security of voted ballots. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 65, Election Code, is |
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amended by adding Section 65.016 to read as follows: |
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Sec. 65.016. VIDEO RECORDING OF COUNTING LOCATIONS. (a) |
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This section applies to: |
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(1) a primary election; |
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(2) the general election for state and county |
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officers; and |
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(3) an election in which the county clerk serves as the |
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early voting clerk. |
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(b) The general custodian of election records shall |
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implement a video surveillance system that retains a record of all |
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areas containing voted ballots from the time the ballots are |
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delivered to the general custodian of election records until the |
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canvass of precinct election returns. The video recording shall be |
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retained in the same manner as a precinct election record under |
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Section 66.058. |
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(c) The general custodian of election records shall provide |
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a live video stream of any election activity recorded under |
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Subsection (b) on the Internet website of the authority |
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administering the election. |
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(d) The secretary of state shall prescribe procedures |
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necessary for the implementation of this section. |
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SECTION 2. Section 31.009, Election Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) If state funds are made available to provide for the |
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security of voted ballots under Section 65.016, the secretary of |
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state shall administer and distribute the funds to counties as |
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appropriate to most effectively facilitate the purpose for which |
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the funds are made available. |
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(c) The secretary of state shall prescribe any necessary |
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rules and take any appropriate action to implement this section. |
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SECTION 3. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.0112 to read as follows: |
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Sec. 31.0112. VIDEO RECORDING OF COUNTING LOCATIONS FUND. |
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(a) The video recording of counting locations fund is an account in |
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the general fund. |
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(b) The secretary of state shall establish a grant program |
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to assist counties with the implementation of this section. |
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(c) If a federal program makes funding available to this |
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state for the purpose of video recording of ballot counting |
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locations, state funds appropriated under this section may be used |
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to meet federal matching requirements under the federal program. |
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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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SECTION 4. The governing body of a political subdivision is |
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required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the governing body may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |