HBA-TYH H.B. 1053 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1053
By: Yarbrough
Elections
2/23/1999
Introduced



BACKGROUND AND PURPOSE 

Title II of the Americans with Disabilities Act (ADA) and Section 504 of
the Rehabilitation Act of 1973 require the election process to be
accessible to voters with disabilities.  To ensure that Texas voting
systems are in compliance, this bill incorporates the federal mandate into
the Texas statute. H.B. 1053 requires a voting system to comply with
federal law and ensures that a voter with a physical disability is able to
cast a secret ballot. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 122.001(a), Election Code, to prohibit a voting
system from being used in an election unless the system, among 11 other
conditions, complies with Section 504 of the federal Rehabilitation Act of
1973 (29 U.S.C. Section 794) (Nondiscrimination under Federal Grants and
Programs) and its subsequent amendments and Title II of the federal
Americans with Disabilities Act (42 U.S.C.  Section 12131 et seq.)
(Definitions) and its subsequent amendments, and provides a practical and
effective means for a voter with a physical disability to cast a secret
ballot.  

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.