By: Hughes, Creighton S.B. No. 1234
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a requirement that a voting system use a paper record or
  produce a paper receipt for verification purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 129, Election Code, is
  amended by adding Section 129.003 to read as follows:
         Sec. 129.003.  PAPER AUDIT TRAIL REQUIRED. (a) In this
  section, "auditable voting system" means a voting system that:
               (1)  uses a paper record; or
               (2)  produces a paper record by which a voter can verify
  that the voter's ballot will be counted accurately.
         (b)  Except as provided by Subsection (e), a voting system
  that consists of direct recording electronic voting machines may
  not be used in an election unless the system is an auditable voting
  system.
         (c)  Except for a recount under Title 13 or an election
  contest under Title 14, the electronic vote is the official record
  of the ballot. For a recount of ballots cast on a system involving
  direct recording electronic voting machines, or in an election
  contest, the paper record is the official record of the vote cast.
         (d)  An authority that purchased a voting system other than
  an auditable voting system after September 1, 2016, and before
  September 1, 2021, may use available federal funding and, if
  federal funding is not available, available state funding to
  retrofit the purchased voting system as an auditable voting system
  in accordance with the following schedule:
               (1)  if the voting system was retrofitted as an
  auditable voting system not later than the election taking place
  November 8, 2022, the authority is eligible to have 100 percent of
  the cost of retrofitting reimbursed under this section; and
               (2)  if the authority is not eligible for a 100 percent
  reimbursement of cost under Subdivision (1) and the voting system
  was retrofitted as an auditable voting system not later than the
  election taking place November 3, 2026, the authority is eligible
  to have 50 percent of the cost of retrofitting reimbursed under this
  section.
         (e)  Subsections (a)-(c) do not apply to an election held
  before September 1, 2026.
         SECTION 2.  This Act takes effect September 1, 2021.