S.B. No. 598

	AN ACT
	relating to auditable voting systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 127, Election Code, is amended by adding
	Subchapter I to read as follows:
	SUBCHAPTER I. RISK-LIMITING AUDIT
	Sec. 127.301.  APPLICABILITY OF SUBCHAPTER. This subchapter
	applies to an election:
	(1)  that occurs after August 31, 2026;
	(2)  that contains a race or measure that is voted on
	statewide; and
	(3)  in which an auditable voting system described by
	Section 129.003(a) is used.
	Sec. 127.302.  RISK-LIMITING AUDIT. (a) Not later than 24
	hours after all ballots have been counted in an election, the
	general custodian of election records shall conduct a risk-limiting
	audit for a selected statewide race or measure.
	(b)  The secretary of state shall select, in accordance with
	rules adopted by the secretary, the precincts to be counted and the
	office or proposition to be counted.
	(c)  The general custodian of election records shall
	complete the audit not later than 24 hours before the time for
	conducting the canvass of the election.
	(d)  The general custodian of election records shall post a
	notice of the date, hour, and place of the audit in the custodian's
	office and on the county's Internet website, if the county
	maintains a website.
	(e)  A watcher may be present for the audit if appointed by a
	candidate in the election. A watcher must deliver a certificate of
	appointment to the general custodian of election records at the
	time the watcher reports for service. The certificate must be in
	writing and must include:
	(1)  the printed name and signature of the watcher;
	(2)  the election subject to the audit; and
	(3)  the printed name and signature of the candidate
	making the appointment.
	(f)  The secretary of state may appoint personnel to assist
	with the audit, including applicable voting system technicians or
	representatives and persons who have assisted with the design and
	implementation of the audit.
	Sec. 127.303.  RULES. (a) The secretary of state shall
	adopt rules prescribing procedures necessary to implement this
	subchapter.
	(b)  Rules adopted under this subchapter must include a rule,
	using widely accepted statistical methods, that provides for the
	number or percentage of paper records that must be counted in a
	risk-limiting audit under Section 127.302.
	Sec. 127.304.  PUBLICATION OF RESULTS. The results of a
	risk-limiting audit conducted under this subchapter must be
	published on the Internet website of the secretary of state not
	later than three days after the completion of the audit.
	Sec. 127.305.  PILOT PROGRAM. (a) Notwithstanding Section
	127.301(1), the secretary of state shall conduct a pilot program,
	beginning with the election taking place November 8, 2022, of the
	risk-limiting audit program created under this subchapter.
	(b)  The secretary of state shall select at least five
	counties to participate in the pilot program.  At least one county
	participating in the pilot program must have a population of at
	least 500,000.
	(c)  After each election conducted under the pilot program,
	the secretary of state shall send a detailed report to each member
	of the legislature evaluating the success of the program and making
	a recommendation as to whether the legislature should act to delay
	the statewide implementation of the program.
	(d)  The secretary of state shall adopt rules as necessary to
	implement this section.
	(e)  This section expires August 31, 2026.
	Sec. 127.306.  WAIVER NOT PERMITTED. The secretary of state
	may not waive any requirements of this subchapter.
	SECTION 2.  Subchapter A, Chapter 129, Election Code, is
	amended by adding Section 129.003 to read as follows:
	Sec. 129.003.  PAPER AUDIT TRAIL REQUIRED. (a) In this
	section, "auditable voting system" means a voting system that:
	(1)  uses, creates, or displays a paper record that may
	be read by the voter; and
	(2)  is not capable of being connected to the Internet
	or any other computer network or electronic device.
	(b)  Except as otherwise provided by this section, a voting
	system that consists of direct recording electronic voting machines
	may not be used in an election unless the system is an auditable
	voting system.
	(c)  The electronic vote is the official record of the vote
	cast if a risk-limiting audit conducted under Section 127.302
	produces strong evidence that the reported outcome of the election
	matches the results that a full counting of the paper records would
	reveal.
	(d)  The paper record is the official record of the vote
	cast:
	(1)  for a recount under Title 13, including a recount
	of ballots cast on a system involving direct recording electronic
	voting machines;
	(2)  for an election contest under Title 14; or
	(3)  if a risk-limiting audit conducted under Section
	127.302 fails to produce strong evidence that the reported outcome
	of the election matches the results that a full counting of the
	paper records would reveal.
	(e)  An authority that purchased a voting system other than
	an auditable voting system after September 1, 2014, and before
	September 1, 2021, may use available federal funding and, if
	federal funding is not available, available state funding to
	convert the purchased voting system into an auditable voting system
	in accordance with the following schedule:
	(1)  if the voting system was converted into an
	auditable voting system not later than the election taking place
	November 8, 2022, the authority is eligible to have 100 percent of
	the cost of conversion reimbursed under this section; and
	(2)  if the authority is not eligible for a 100 percent
	reimbursement of cost under Subdivision (1) and the voting system
	was converted into an auditable voting system not later than the
	election taking place November 3, 2026, the authority is eligible
	to have 50 percent of the cost of conversion reimbursed under this
	section.
	(f)  The secretary of state may use any available funds to
	assist an authority with the purchase of an auditable voting system
	if the funds have been appropriated for that purpose.
	(g)  Subsections (b), (c), and (d) do not apply to an
	election held before September 1, 2026.
	(h)  A paper record generated by an auditable voting system
	may be used only for the purposes described by this section and may
	not be retained by the voter.
	(i)  Notwithstanding Subsection (b), a voter voting under
	Section 64.009 may use a direct recording electronic voting machine
	regardless of whether the direct recording electronic voting
	machine is part of an auditable voting system.
	(j)  The secretary of state may not waive any requirements of
	this section.
	SECTION 3.  Section 129.054, Election Code, is amended to
	read as follows:
	Sec. 129.054.  NETWORK CONNECTIONS AND WIRELESS TECHNOLOGY.
	(a) A voting system may not be connected to any external
	communications network, including the Internet. Beginning
	September 1, 2026, a voting system may not be capable of being
	connected to any external or internal 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. Beginning
	September 1, 2026, a voting system may not have the capability of
	permitting wireless communication.
	(c)  The secretary of state may not waive any requirements of
	this section.
	SECTION 4.  The secretary of state is required to implement a
	provision of this Act only if the legislature appropriates money
	specifically for that purpose.  If the legislature does not
	appropriate money specifically for that purpose, the secretary of
	state may, but is not required to, implement a provision of this Act
	using other appropriations that are available for that purpose.
	SECTION 5.  This Act takes effect September 1, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 598 passed the Senate on
	April 12, 2021, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 598 passed the House on
	May 26, 2021, by the following vote:  Yeas 136, Nays 8, one present
	not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor