H.B. No. 56 




AN ACT
relating to the offense of tampering with a direct recording electronic voting machine; providing criminal penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 33, Penal Code, is amended by adding Section 33.05 to read as follows: Sec. 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC VOTING MACHINE. (a) In this section: (1) "Direct recording electronic voting machine" has the meaning assigned by Section 121.003, Election Code. (2) "Measure" has the meaning assigned by Section 1.005, Election Code. (b) A person commits an offense if the person knowingly accesses a computer, computer network, computer program, computer software, or computer system that is a part of a voting system that uses direct recording electronic voting machines and by means of that access: (1) prevents a person from lawfully casting a vote; (2) changes a lawfully cast vote; (3) prevents a lawfully cast vote from being counted; or (4) causes a vote that was not lawfully cast to be counted. (c) An offense under this section does not require that the votes as affected by the person's actions described by Subsection (b) actually be the votes used in the official determination of the outcome of the election. (d) An offense under this section is a felony of the first degree. (e) Notwithstanding Section 15.01(d), an offense under Section 15.01(a) is a felony of the third degree if the offense the actor intends to commit is an offense under this section. SECTION 2. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date. (b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 56 was passed by the House on April 19, 2005, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 56 on May 23, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 56 was passed by the Senate, with amendments, on May 19, 2005, by the following vote: Yeas 29, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor