H.B. No. 2524
 
 
 
 
AN ACT
  relating to the accuracy, security, and reliability of certain
  electronic voting systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 66.058, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  Electronic records created under Chapter 129 shall be
  preserved in a secure container.
         SECTION 2.  Chapter 129, Election Code, is amended to read as
  follows:
  CHAPTER 129.  DIRECT RECORDING ELECTRONIC VOTING MACHINES
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 129.001.  APPLICABILITY.  (a)  This chapter applies
  only to a voting system that uses direct recording electronic
  voting machines.
         (b)  To the extent possible, the procedures applicable to an
  electronic voting system under Chapter 127 are applicable to a
  voting system under this chapter.
         Sec. 129.002.  GENERAL [CERTAIN DIRECT RECORDING ELECTRONIC
  VOTING MACHINE] PROCEDURES.  (a)  [As part of the testing of the
  direct recording electronic voting machine equipment before its use
  in a particular election, the general custodian of election records
  shall include a specific test of each machine's logic and accuracy
  functions to ensure that the machine properly records, counts, and
  tabulates the votes.
         [(b)]  Each direct recording electronic voting machine must
  provide the voter with a screen in summary format of the voter's
  choices for the voter to review before the vote is actually cast.
         (b) [(c)]  During the early voting period, the early voting
  clerk shall conduct a daily audit of the direct recording
  electronic voting machines used in the election to ensure proper
  correspondence among the numbers of ballots provided on the
  machines, names on the poll list, and ballots cast on the machines.
         (c) [(d)     The general custodian of election records shall
  conduct a recount sufficient to confirm the accuracy of the vote
  totals in an election in which direct recording electronic voting
  machines are used for the first time.
         [(e)]  The secretary of state shall prescribe any procedures
  necessary to implement this chapter [section] and to ensure the
  orderly and proper administration of elections using direct
  recording electronic voting machines.
  [Sections 129.003-129.020 reserved for expansion]
  SUBCHAPTER B. PRE-ELECTION ACCEPTANCE AND
  TESTING OF VOTING SYSTEM
         Sec. 129.021.  ACCEPTANCE TESTING. Immediately after
  receiving a voting system from a vendor, the general custodian of
  election records shall:
               (1)  verify that the system delivered is certified by
  the secretary of state;
               (2)  perform a hardware diagnostic test on the system
  as provided by Section 129.022(b);
               (3)  perform a public test of logic and accuracy on the
  system as provided by Section 129.023; and
               (4)  perform any additional test that the secretary of
  state may prescribe.
         Sec. 129.022.  HARDWARE DIAGNOSTIC TEST. (a)  The general
  custodian of election records shall conduct a successful hardware
  diagnostic test before a voting system is used in an election.
         (b)  The hardware diagnostic test must ensure that each part
  of the system functions properly as prescribed by the secretary of
  state.
         Sec. 129.023.  PUBLIC TEST OF LOGIC AND ACCURACY. (a)  The
  general custodian of election records shall create a testing board
  consisting of at least two persons. The general custodian of
  election records shall make every reasonable effort to ensure that
  the testing board consists of at least one person from each
  political party that holds a primary election.
         (b)  Not later than 48 hours before voting begins on a voting
  system, the general custodian of election records shall conduct a
  logic and accuracy test.  Public notice of the test must be
  published at least 48 hours before the test begins, and the test
  must be open to the public.
         (c)  The general custodian of election records shall adopt
  procedures for testing that:
               (1)  direct the testing board to cast votes;
               (2)  verify that each contest position on the ballot
  can be voted and is accurately counted for each precinct and ballot
  style;
               (3)  include overvotes and undervotes for each race, if
  applicable to the system being tested;
               (4)  include straight-party votes and crossover votes;
               (5)  include write-in votes, when applicable to the
  election;
               (6)  include provisional votes, if applicable to the
  system being tested;
               (7)  calculate the expected results from the test
  ballots;
               (8)  ensure that each voting machine has any public
  counter reset to zero and presented to the testing board for
  verification before testing;
               (9)  require that, for each feature of the system that
  allows disabled voters to cast a ballot, at least one vote be cast
  and verified by a two-person testing board team using that feature;
  and
               (10)  require that, when all votes are cast, the
  general custodian of election records and the testing board observe
  the tabulation of all ballots and compare the actual results to the
  expected results.
         (d)  A test is successful if the actual results are identical
  to the expected results.
         (e)  To provide a full and accurate account of the condition
  of a given voting machine, the testing board and the general
  custodian of election records shall:
               (1)  sign a written statement attesting to:
                     (A)  the qualification of each direct recording
  electronic voting machine that was successfully tested;
                     (B)  any problems discovered; and
                     (C)  the cause of any problem if it can be
  identified; and
               (2)  provide any other documentation as necessary.
         (f)  On completing the testing:
               (1)  the testing board shall witness and document all
  steps taken to reset, seal, and secure any equipment or test
  materials, as appropriate; and
               (2)  the general custodian for election records shall
  preserve a copy of the system's software at a secure location that
  is outside the administrator's and programming entity's control
  until at least 22 months after election day.
         Sec. 129.024.  SECURITY OF TEST MATERIALS.  (a)  On
  completing each test, the general custodian of election records
  shall place the test materials in a container provided for that
  purpose and seal the container in a manner that prevents opening
  without breaking the seal. The general custodian of election
  records and at least two members of the testing board shall sign the
  seal.
         (b)  The test materials shall remain sealed for the period
  for preserving the precinct election records.
         (c)  The container may not be unsealed unless the contents
  are necessary to conduct a test under this subchapter or a criminal
  investigation, election contest, or other official proceeding
  under this code. If the container is unsealed, the authority in
  charge of the proceeding shall reseal the contents when not in use.
  [Sections 129.025-129.050 reserved for expansion]
  SUBCHAPTER C.  VOTING SYSTEM SECURITY
         Sec. 129.051.  PRE-ELECTION SECURITY PROCEDURE. (a)  The
  general custodian of election records shall create and maintain an
  inventory of all electronic information storage media.
         (b)  The general custodian of election records shall develop
  a procedure for tracking the custody of each electronic information
  storage medium from its storage location, through election coding
  and the election process, to its final post-election disposition
  and return to storage.  The chain of custody must require two or
  more individuals to perform a check and verification check whenever
  a transfer of custody occurs.
         (c)  The general custodian of election records shall
  establish a secured location for storing electronic information
  storage media when not in use, coding a medium for an election,
  transferring and installing the medium into voting system
  equipment, and storing voting system equipment after election
  parameters are loaded.
         (d)  An election information storage medium shall be kept in
  the presence of an election official or in a secured location once
  the medium has been coded for an election.
         (e)  The general custodian of election records shall create a
  procedure for tracking the custody of voting system equipment once
  election parameters are loaded.
         (f)  The general custodian of election records shall create a
  recovery plan to be followed if a breach in security procedures is
  indicated. This plan must include immediately notifying the
  secretary of state.
         (g)  The general custodian of election records shall conduct
  a criminal background check for relevant election officials, staff,
  and temporary workers upon hiring.
         Sec. 129.052.  TRANSPORT OF VOTING SYSTEM EQUIPMENT. (a)
  The general custodian of election records shall adopt procedures
  for securely storing and transporting voting system equipment.  The
  procedures shall include provisions for locations outside the
  direct control of the general custodian of election records,
  including overnight storage at a polling location.  Procedures
  relating to the chain of custody must require two or more
  individuals to perform a check and verification check whenever a
  transfer of custody occurs.
         (b)  The general custodian of election records shall create a
  recovery plan to be followed if a breach in security procedures is
  indicated. This plan must include immediately notifying the
  secretary of state.
         (c)  The general custodian of election records shall provide
  a training plan for relevant election officials, staff, and
  temporary workers that addresses the procedures authorized under
  this section.
         Sec. 129.053.  ACCESS TO VOTING SYSTEM EQUIPMENT. The
  general custodian of election records shall secure access control
  keys or passwords to voting system equipment. Use of access control
  keys or passwords must be witnessed by one or more individuals
  authorized to use that information. The use of an access control
  key or password must be documented and witnessed in a log dedicated
  for that purpose that is retained until the political subdivision
  disposes of the equipment.
         Sec. 129.054.  NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.  
  (a)  A voting system may not be connected to any external
  communications network, including the Internet.
         (b)  A voting system may not have the capability of
  permitting wireless communication unless the system uses
  line-of-sight infrared technology that shields the transmitter and
  receiver from external infrared transmissions and the system can
  only accept transmissions generated by the system.
         Sec. 129.055.  EQUIPMENT AND SOFTWARE.  The sole purpose of
  voting system equipment is the conduct of an election, and only
  software certified by the secretary of state and necessary for an
  election may be loaded on the equipment.
         Sec. 129.056.  PLAN FOR MACHINE FAILURE. The general
  custodian of election records shall create a contingency plan for
  addressing direct recording electronic voting machine failure.
  This plan must include the timely notification of the secretary of
  state.
         Sec. 129.057.  USE OF MACHINE IN EARLY VOTING. A direct
  recording electronic voting machine deployed for early voting may
  not be deployed on election day.
         SECTION 3.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2524 was passed by the House on May
  12, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2524 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 28, Nays 3.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor