H.B. No. 1446
 
 
 
 
AN ACT
  relating to the period for preserving precinct election records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 66.058, Election Code, is amended by
  amending Subsections (b), (c), and (d) and adding Subsection (b-1)
  to read as follows:
         (b)  For a period of at least 60 days after the date of the
  election, the [The] voted ballots shall be preserved securely in a
  locked room in the locked ballot box in which they are delivered to
  the general custodian of election records. On the 61st day after
  election day, the general custodian of election records may:
               (1)  require a person who has possession of a key that
  operates the lock on a ballot box containing voted ballots to return
  the key to the custodian; and
               (2)  unlock the ballot box and transfer the voted
  ballots to another secure container for the remainder of the
  preservation period.
         (b-1) Except as permitted by this code, a ballot box or other
  secure container containing voted ballots may not be opened during
  the preservation period.
         (c)  If during the preservation period an authorized entry is
  made into a ballot box or other secure container containing voted
  ballots, when the purpose for the entry is fulfilled, the box or
  container shall be relocked or resecured, and the box and key or
  secure container returned to the custodian.
         (d)  A custodian of a ballot box or secure container
  containing voted ballots commits an offense if, during the
  preservation period prescribed by Subsection (a), the custodian:
               (1)  makes an unauthorized entry into the box or
  container;  or
               (2)  fails to prevent another person from handling the
  box or container in an unauthorized manner or from making an
  unauthorized entry into the box or container.
         SECTION 2.  Section 66.058(g), Election Code, is repealed.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1446 was passed by the House on April
  5, 2007, by the following vote:  Yeas 137, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1446 was passed by the Senate on May
  18, 2007, by the following vote:  Yeas 29, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor