S.B. No. 902
 
 
 
 
AN ACT
  relating to public availability of election records; authorizing a
  fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1.012, Election Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  An election record shall be available not later than the
  15th day after election day in an electronic format for a fee of not
  more than $50.
         SECTION 2.  Subchapter A, Chapter 66, Election Code, is
  amended by adding Section 66.0021 to read as follows:
         Sec. 66.0021.  ELECTION DAY VOTE TOTAL FOR CERTAIN
  ELECTIONS. (a)  This section applies only to a primary election or
  the general election for state and county officers.
         (b)  The general custodian of election records for a primary
  election or the general election for state and county officers
  shall maintain a list that states the total number of votes cast in
  each precinct by personal appearance on election day that is
  available for public inspection not later than the day after
  election day.
         (c)  Each vote total shall be maintained in a downloadable
  format approved by the secretary of state and posted on the Internet
  website of the secretary of state.
         (d)  The secretary of state shall create a system for an
  early voting clerk for a primary election or the general election
  for state and county officers to provide the information to the
  secretary of state for posting on the secretary of state's Internet
  website under Subsection (c).
         SECTION 3.  Section 87.121, Election Code, is amended by
  amending Subsections (g) and (h) and adding Subsections (i), (j),
  and (k) to read as follows:
         (g)  Information on the roster for a person who votes an
  early voting ballot by personal appearance shall be made available
  for public inspection not later than 11 a.m. [the beginning of
  regular business hours] on the day after the date the information is
  entered on the roster under Subsection (c).
         (h)  Information on the roster for a person who votes an
  early voting ballot by mail shall be made available for public
  inspection not later than 11 a.m. on the day following the day the
  early voting clerk receives a ballot voted by mail.
         (i)  The early voting clerk for a primary election or the
  general election for state and county officers shall submit to the
  secretary of state for posting on the secretary of state's Internet
  website the information described by:
               (1)  Subsection (g) not later than 11 a.m. on the day
  after the date the information is entered on the roster under
  Subsection (c); and
               (2)  Subsection (h) not later than 11 a.m. on the day
  following the day the early voting clerk receives a ballot voted by
  mail.
         (j)  The secretary of state shall post the information
  described by Subsection (i) on the secretary of state's Internet
  website in a downloadable format.
         (k)  The secretary of state shall create a system for an
  early voting clerk for a primary election or the general election
  for state and county officers to provide the information to the
  secretary of state for posting on the secretary of state's Internet
  website under Subsection (i).
         SECTION 4.  Sections 232.008(b) and (c), Election Code, are
  amended to read as follows:
         (b)  Except as provided by Subsection (c), a contestant must
  file the petition not later than the later of the 30th day after the
  date the election records are publicly available under Section
  1.012 or the official result of the contested election is
  determined.
         (c)  A contestant must file the petition not later than the
  later of the 10th day after the date the election records are
  publicly available under Section 1.012 or the official result is
  determined in a contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff is
  necessary according to the official result or will be necessary if
  the contestant prevails.
         SECTION 5.  Section 233.006(b), Election Code, is amended to
  read as follows:
         (b)  Except as provided by Section 233.014, the contestant
  must file the petition not later than the later of the 30th day
  after the date the election records are publicly available under
  Section 1.012 or the official result of the contested election is
  determined.
         SECTION 6.  Section 241.003(b), Election Code, is amended to
  read as follows:
         (b)  The contestant must file the petition with the secretary
  of state not later than the later of the seventh day after the date
  the election records are publicly available under Section 1.012 or
  the official result of the contested election is determined. The
  contestant must deliver a copy of the petition to the contestee by
  the same deadline.
         SECTION 7.  Section 243.003(b), Election Code, is amended to
  read as follows:
         (b)  The contestant must file the petition with the secretary
  of state not later than the later of the 10th day after the date the
  election records are publicly available under Section 1.012 or the
  official result of the contested election is determined.
         SECTION 8.  As soon as practicable after the effective date
  of this Act, the secretary of state shall create the systems
  required by Sections 66.0021(d) and 87.121(k), Election Code, as
  added by this Act.
         SECTION 9.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 902 passed the Senate on
  April 17, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 902 passed the House on
  May 22, 2019, by the following vote:  Yeas 144, Nays 0,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor