The general custodian of election records must create and maintain several election-security procedures and records, including inventories, custody tracking, secured storage, recovery planning, background checks, security seals, and seal-removal documentation.
Sec. 129.051. PRE-ELECTION SECURITY PROCEDURE. (a) The general custodian of election records shall create and maintain an inventory of all electronic information storage media. (a-1) The inventory of electronic information storage media maintained under Subsection (a) must include information on the polling location at which the storage media will be used. (b) The general custodian of election records shall develop a procedure for tracking the custody of each electronic information storage medium from its storage location, through election coding and the election process, to its final post-election disposition and return to storage. The chain of custody must require two or more individuals to perform a check and verification check whenever a transfer of custody occurs. (c) The general custodian of election records shall establish a secured location for storing electronic information storage media when not in use, coding a medium for an election, transferring and installing the medium into voting system equipment, and storing voting system equipment after election parameters are loaded. (d) An election information storage medium shall be kept in the presence of an election official or in a secured location once the medium has been coded for an election. (e) The general custodian of election records shall create a procedure for tracking the custody of voting system equipment once election parameters are loaded. (f) The general custodian of election records shall create a recovery plan to be followed if a breach in security procedures is indicated. This plan must include immediately notifying the secretary of state. (g) The general custodian of election records shall conduct a criminal background check for relevant election officials, staff, and temporary workers upon hiring. (h) The general custodian of election records shall place security seals on each unit of voting system equipment to prevent unauthorized access to the equipment. (i) The general custodian of election records shall create a procedure for documenting: (1) which specific seals are placed on each unit of voting system equipment; and (2) any instances where the seals are removed, including the identity of the individual who removed the seals and accessed the voting system equipment and the purpose for accessing the equipment. Amended by: Acts 2009, 81st Leg., R.S., Ch. 682 (H.B. 2524), Sec. 2, eff. September 1, 2009. Acts 2025, 89th Leg., R.S., Ch. 878 (S.B. 2216), Sec. 2, eff. September 1, 2025.