Bill Text: TX HB362 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the creation of a fund to assist local governments with the acquisition of voting system equipment.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Engrossed - Dead) 2019-05-09 - Received from the House [HB362 Detail]
Download: Texas-2019-HB362-Engrossed.html
By: Israel, Capriglione, Longoria, Klick, | H.B. No. 362 | |
Anchia, et al. |
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relating to the creation of a fund to assist local governments with | ||
the acquisition of voting system equipment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 123, Election Code, is amended by adding | ||
Subchapter D to read as follows: | ||
SUBCHAPTER D. VOTING SYSTEM FUND | ||
Sec. 123.091. DEFINITIONS. In this subchapter: | ||
(1) "Eligible equipment" means voting system | ||
equipment that is certified by the United States Election | ||
Assistance Commission and the secretary of state on the date it is | ||
acquired and that uses or produces a paper ballot by which a voter | ||
can verify that the voter's selections are accurately reflected. | ||
(2) "Fund" means the voting system fund. | ||
Sec. 123.092. VOTING SYSTEM FUND. (a) The voting system | ||
fund is an account in the general revenue fund. | ||
(b) The fund consists of money transferred to the fund at | ||
the discretion of the legislature. | ||
(c) Money in the fund may be appropriated only for a grant | ||
under Section 123.093. | ||
(d) The fund is exempt from the application of Section | ||
403.095, Government Code. | ||
Sec. 123.093. GRANTS FROM FUND. (a) A county may apply to | ||
the secretary of state for a grant under this subchapter to replace | ||
voting system equipment or to reimburse the replacement or | ||
conversion of voting system equipment purchased on or after | ||
December 1, 2016. A county is eligible to receive a grant equal to | ||
not more than 50 percent of the total cost of the eligible | ||
equipment. | ||
(b) The secretary of state shall develop criteria for the | ||
fair and proportional distribution of grants that consider: | ||
(1) the number of voters likely to be served by the | ||
eligible equipment; | ||
(2) the age and condition of any equipment replaced, | ||
converted, or proposed for replacement or conversion; | ||
(3) the need for equitable distribution of grant funds | ||
to both rural and urban counties; | ||
(4) whether the county governing body has adopted a | ||
reasonable long-term plan to address the maintenance, repair, and | ||
eventual replacement needs for the eligible equipment; and | ||
(5) any other factor considered relevant by the | ||
secretary of state. | ||
(c) If the total amount requested under qualifying grant | ||
applications exceeds the total amount available for the purpose of | ||
awarding grants, amounts shall be allocated using the criteria | ||
developed by the secretary of state under Subsection (b). | ||
Sec. 123.094. APPLICATION FOR GRANT; VERIFICATION OF COSTS. | ||
(a) To receive a grant under Section 123.093, a county must submit | ||
an application to the secretary of state. The secretary of state | ||
shall prescribe a form for the application. | ||
(b) The application must describe: | ||
(1) the type or types of eligible equipment purchased, | ||
leased, converted, or proposed for purchase, lease, or conversion; | ||
(2) the actual or expected total cost of the eligible | ||
equipment and any sources of funding used or that will be used for | ||
its purchase, lease, or conversion in addition to the grant funding | ||
provided by this subchapter; | ||
(3) the county's plan to address the long-term | ||
maintenance, repair, and eventual replacement costs for the | ||
eligible equipment; and | ||
(4) any other information required by the secretary of | ||
state. | ||
(c) The secretary of state shall establish: | ||
(1) a deadline for receipt of grant applications; | ||
(2) a procedure for awarding and distributing grants; | ||
and | ||
(3) a process for verifying the proper use of the | ||
grants after distribution. | ||
Sec. 123.095. STUDY ON VOTING SYSTEM FUNDING. (a) The | ||
secretary of state, in cooperation with county officers who | ||
administer elections, shall conduct a study to determine the best | ||
manner in which to fund the voting system fund under this subchapter | ||
for the replacement or conversion of voting system equipment, and | ||
make recommendations based on the determinations. | ||
(b) Not later than December 31, 2020, the secretary of state | ||
shall report the study's findings to the committees of each house of | ||
the legislature with jurisdiction over elections. | ||
(c) This section expires September 1, 2021. | ||
SECTION 2. The secretary of state 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 secretary of | ||
state may, but is not required to, implement a provision of this Act | ||
using other appropriations available for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |