By: Hall	S.B. No. 397
	(In the Senate - Filed January 12, 2023; February 15, 2023,
	read first time and referred to Committee on State Affairs;
	April 19, 2023, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 7, Nays 3; April 19, 2023,
	sent to printer.)
Click here to see the committee vote
	COMMITTEE SUBSTITUTE FOR S.B. No. 397	By:  Hughes

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedures for closing a polling place.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 33.056(c), Election Code, is amended to
	read as follows:
	(c)  A watcher is entitled to inspect the returns and other
	records prepared by the election officers at the location at which
	the watcher is serving, including a tape printed under Section
	61.002.
	SECTION 2.  Section 61.002, Election Code, is amended by
	amending Subsections (a), (c), and (d) and adding Subsections (e)
	and (f) to read as follows:
	(a)  Immediately before opening the polls for voting on the
	first day of early voting and on election day, the presiding
	election judge or alternate presiding [election] judge shall
	confirm that each voting machine has any public counter reset to
	zero and shall print the tape that shows the counter was set to zero
	for each candidate or measure on the ballot.
	(c)  Immediately after closing the polls for voting on
	election day and on the last day of early voting by personal
	appearance, the presiding election judge or alternate presiding
	[election] judge shall print the tape to show the number of votes
	cast for each candidate or ballot measure for each voting machine.
	(d)  The presiding [Each] election judge and [or] alternate
	presiding [election] judge [present] shall sign a tape printed
	under this section.
	(e)  When closing the polls on the last day of early voting,
	the presiding election judge and alternate presiding judge shall
	place a tape printed under this section in envelope no. 2.
	(f)  When closing the polls for voting on election day, any
	watcher present, but not more than three, may sign a tape printed
	under this section.
	SECTION 3.  Section 61.007, Election Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  A person who prints a tape under Section 61.002 does not
	commit an offense under this section.
	SECTION 4.  Section 66.023, Election Code, is amended to
	read as follows:
	Sec. 66.023.  CONTENTS OF ENVELOPE NO. 2. Envelope no. 2
	must contain:
	(1)  a copy of the precinct returns;
	(2)  a tally list;
	(3)  the original of the poll list;
	(4)  the signature roster;
	(5)  the precinct early voting list;
	(6)  any affidavits completed at the polling place
	except affidavits required to be placed in envelope no. 4; [and]
	(7)  any certificates of appointment of watchers; and
	(8)  any voting machine tape printed for the purpose of
	showing the number of votes cast.
	SECTION 5.  This Act takes effect September 1, 2023.
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