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H.B. No. 2465
AN ACT
relating to a public hearing conducted by the secretary of state in
regard to the question of approval of a voting system or voting
system equipment for use in elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 122, Election Code, is
amended by adding Section 122.0371 to read as follows:
Sec. 122.0371. PUBLIC HEARING REQUIRED. (a) After the
delivery of the examiners' reports and before the determination of
whether the voting system or voting system equipment for which an
application has been submitted satisfies the applicable
requirements for approval, the secretary of state shall conduct a
public hearing to provide interested persons an opportunity to
express their views for or against the approval of the voting system
or voting system equipment being considered.
(b) Notice of the hearing is given in the manner provided by
Chapter 551, Government Code.
(c) Persons attending the hearing may express their views
for or against the approval of the voting system or voting system
equipment either orally, in writing, or both.
(d) The hearing shall be conducted in accordance with rules
adopted by the secretary of state.
SECTION 2. Section 122.038(a), Election Code, is amended to
read as follows:
(a) After reviewing the examiners' reports and considering
the views expressed at the public hearing, the secretary of state
shall determine whether the voting system or voting system
equipment for which an application has been submitted satisfies the
applicable requirements for approval.
SECTION 3. Subchapter C, Chapter 122, Election Code, is
amended by adding Section 122.0691 to read as follows:
Sec. 122.0691. PUBLIC HEARING REQUIRED. (a) This section
applies only if an examination of the modified design by
independent examiners was conducted.
(b) After the delivery of the examiners' reports and before
the determination of whether the modified design satisfies the
applicable requirements for approval, the secretary of state shall
conduct a public hearing in the same manner as for the initial
approval of a system or equipment.
SECTION 4. Section 122.070(a), Election Code, is amended to
read as follows:
(a) After reviewing the examiners' reports and considering
the views expressed at the public hearing, the secretary of state
shall determine whether the modified design satisfies the
applicable requirements for approval.
SECTION 5. Subchapter D, Chapter 122, Election Code, is
amended by adding Section 122.0941 to read as follows:
Sec. 122.0941. PUBLIC HEARING REQUIRED. After the delivery
of the examiners' reports and before the determination of whether
the reexamined voting system or voting system equipment satisfies
the applicable requirements for approval, the secretary of state
shall conduct a public hearing in the same manner as for the initial
approval of a system or equipment.
SECTION 6. Section 122.095(a), Election Code, is amended to
read as follows:
(a) After reviewing the examiners' reports and considering
the views expressed at the public hearing, the secretary of state
shall determine whether the voting system or voting system
equipment subject to reexamination satisfies the applicable
requirements for approval of the system or equipment for use in
elections.
SECTION 7. (a) The changes in law made by this Act to
Chapter 122, Election Code, apply only to an act or proceeding
occurring under that chapter on or after September 1, 2005, and do
not affect the status of an examination conducted by the examiners
or a determination made by the secretary of state under that chapter
before September 1, 2005, in regard to approval of voting systems or
equipment.
(b) The acts or proceedings, including all examinations
conducted by the examiners and all determinations made by the
secretary of state in regard to approval of voting systems or
equipment, that occurred under Chapter 122, Election Code, before
September 1, 2005, are validated as of the dates the acts or
proceedings occurred.
SECTION 8. An examination conducted or determination made
under Chapter 122, Election Code, before or after the amendments
made by this Act, was and continues to be not subject to Chapter
551, Government Code.
SECTION 9. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2465 was passed by the House on May 9,
2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2465 on May 23, 2005, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2465 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2465 was passed by the Senate, with
amendments, on May 20, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2465 on May 27, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor