By: Hall  S.B. No. 397
         (In the Senate - Filed January 12, 2023; February 15, 2023,
  read first time and referred to Committee on State Affairs;
  April 19, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 3; April 19, 2023,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 397 By:  Hughes
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the procedures for closing a polling place.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 33.056(c), Election Code, is amended to
  read as follows:
         (c)  A watcher is entitled to inspect the returns and other
  records prepared by the election officers at the location at which
  the watcher is serving, including a tape printed under Section
  61.002.
         SECTION 2.  Section 61.002, Election Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (e)
  and (f) to read as follows:
         (a)  Immediately before opening the polls for voting on the
  first day of early voting and on election day, the presiding
  election judge or alternate presiding [election] judge shall
  confirm that each voting machine has any public counter reset to
  zero and shall print the tape that shows the counter was set to zero
  for each candidate or measure on the ballot.
         (c)  Immediately after closing the polls for voting on
  election day and on the last day of early voting by personal
  appearance, the presiding election judge or alternate presiding
  [election] judge shall print the tape to show the number of votes
  cast for each candidate or ballot measure for each voting machine.
         (d)  The presiding [Each] election judge and [or] alternate
  presiding [election] judge [present] shall sign a tape printed
  under this section.
         (e)  When closing the polls on the last day of early voting,
  the presiding election judge and alternate presiding judge shall
  place a tape printed under this section in envelope no. 2.
         (f)  When closing the polls for voting on election day, any
  watcher present, but not more than three, may sign a tape printed
  under this section.
         SECTION 3.  Section 61.007, Election Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  A person who prints a tape under Section 61.002 does not
  commit an offense under this section.
         SECTION 4.  Section 66.023, Election Code, is amended to
  read as follows:
         Sec. 66.023.  CONTENTS OF ENVELOPE NO. 2. Envelope no. 2
  must contain:
               (1)  a copy of the precinct returns;
               (2)  a tally list;
               (3)  the original of the poll list;
               (4)  the signature roster;
               (5)  the precinct early voting list;
               (6)  any affidavits completed at the polling place
  except affidavits required to be placed in envelope no. 4; [and]
               (7)  any certificates of appointment of watchers; and
               (8)  any voting machine tape printed for the purpose of
  showing the number of votes cast.
         SECTION 5.  This Act takes effect September 1, 2023.
 
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