H.B. No. 88
 
 
 
 
AN ACT
  relating to an election ballot.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2.002(d), Election Code, is amended to
  read as follows:
         (d)  The order of the candidates' names on the ballot shall
  be the relative order of names on the original ballot [determined by
  a drawing in accordance with Section 52.094].
         SECTION 2.  Section 52.075, Election Code, is amended to
  read as follows:
         Sec. 52.075.  MODIFICATION OF BALLOT FORM FOR CERTAIN VOTING
  SYSTEMS. (a) The secretary of state may prescribe the form and
  content of a ballot for an election using a voting system, including
  an electronic voting system or a voting system that uses direct
  recording electronic voting machines or ballot marking devices, to
  conform to the formatting requirements of the system.
         (b)  In this section, "ballot marking device," "direct
  recording electronic voting machine," "electronic voting system,"
  and "voting system" have the meanings assigned by Section 121.003.
         SECTION 3.  Sections 52.094(a) and (c), Election Code, are
  amended to read as follows:
         (a)  Except as otherwise provided by law, for an election at
  which the names of more than one candidate for the same office are
  to appear on the ballot in an independent column or are to appear on
  a general or special election ballot that does not contain a party
  nominee, the order of the candidates' names shall be determined by a
  drawing. The order of the candidates' names on the ballot of any
  resulting runoff election or election held to resolve a tie vote
  shall be the relative order of names on the original election
  ballot. 
         (c)  The authority conducting the drawing shall post in the
  authority's office a notice of the date, hour, and place of the
  drawing. The notice must remain posted continuously for 72 hours
  immediately preceding the scheduled time of the drawing[, except
  that for a runoff election or an election held to resolve a tie
  vote, the notice must remain posted for 24 hours immediately
  preceding the scheduled time of the drawing].
         SECTION 4.  Section 121.003, Election Code, is amended by
  adding Subdivision (13) to read as follows:
               (13)  "Ballot marking device" means a voting system
  with an electronic interface that allows a voter to mark a paper
  ballot.
         SECTION 5.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 88 was passed by the House on April 2,
  2019, by the following vote:  Yeas 145, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 88 on May 22, 2019, by the following vote:  Yeas 124, Nays 18, 3
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 88 was passed by the Senate, with
  amendments, on May 15, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor