Part IV.
Office of the Secretary of State
Chapter 81.
Elections
Subchapter A. Voter Registration
1 TAC §81.7
The Office of the Secretary of State, Elections Division,
adopts an amendment to §81.7, concerning the directive for high school
deputy registrar, without changes to the proposed text as published in the
August 21, 1998, issue of the
Texas Register
(23 TexReg 8597).
The amended rule adopts the most recent version of the directive and shifts
the responsibility for providing high school deputy registrars with a copy
of the directive from county voter registrars to the Elections Division of
the Secretary of State's office.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Election Code, Chapter
31, Subchapter A, § 31.003, which provides the Secretary of State with
authority to promulgate rules to obtain uniformity in the interpretation and
application of the Code, and under the Code, Chapter 13, § 13.046(h),
which authorizes the Secretary of State to prescribe additional procedures
for high school deputy registrars.
The Code, Chapter 13, is affected by the adopted amendment.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
13, 1999.
TRD-9900177
Jeff Eubank
General Counsel
Office of the Secretary of State
Effective date: February 2, 1999
Proposal publication date: August 21, 1999
For further information, please call: (512) 463-5701
1 TAC §81.62
The Office of the Secretary of State, Elections Division,
adopts a new rule, §81.62, concerning audit logs for automatic tabulating
equipment with changes to the proposed text as published in the July 10, 1998,
issue of the
Texas Register
(23 TexReg 7159).
The text as originally published has been amended to clarify a requirement
that the audit log identify which imput port is being used to upload election
data from voting precincts.
The new rule is adopted to require automatic tabulating voting equipment
to include a continuous feed printer dedicated to a real-time audit log to
be eligible for certification in the state of Texas.
Herbert Fensury of Computing Devices Canada (CDC) commented on the proposed
rule, asking for clarification of the meaning of subsection (b)(4). In response,
we have amended the original language to state that the audit log must detail
which imput port on a vote tabulation device is used to upload election data
from a precinct-based modem.
Mr. Fensury also asked for confirmation that the proposed rule's log requirements
are limited to vote tabulation devices such as CDC's Election Central Subsystem
and does not require a printed audit log for precinct voting devices or ballot
preparation software. We believe that the rule as originally drafted is clearly
limited to voting tabulation devices and no changes were made as a result
of this comment.
The new rule is adopted under the Code, Chapter 31, Subchapter
A, §31.003, which provides the Secretary of State with authority to promulgate
rules to obtain uniformity in the interpretation and application of the Code,
and under the Code, Chapter 122, §122.001(c), which authorizes the Secretary
of State to prescribe additional standards for voting systems.
The Code, Chapter 122, §122.001, is affected by this rule.
§81.62.Use of Audit Logs in Automatic Tabulation Equipment.
(a)
For any voting tabulation device, or any modification to
a voting tabulation device, to be certified for use in Texas elections, the
device shall include a continuous feed printer dedicated to a real-time audit
log. All significant election events and their date and time stamps shall
be printed to the audit log.
(b)
The definition of "significant election events" in subsection
(a) of this rule includes but is not limited to:
(1)
error messages and operator response to those messages;
(2)
number of ballots read for a given precinct;
(3)
completion of reading ballots for a given precinct;
(4)
identity of the input ports used for modem transfers
from precincts;
(5)
users logging in and out from election system;
(6)
precincts being zeroed;
(7)
reports being generated; and
(8)
diagnostics of any type being run.
(c)
The audit log for an election shall be retained by the
custodian of election records for the appropriate preservation period.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
11, 1999.
TRD-9900126
Jeff Eubank
General Counsel
Office of the Secretary of State
Effective date: January 31, 1999
Proposal publication date: July 10, 1998
For further information, please call: (512) 463-5701
Chapter 115.
Building and Property Services Division
Subchapter A. State Owned Property
1 TAC §115.7
The General Services Commission adopts the repeal of Title
1, Texas Administrative Code, §115.7 concerning burial in the Texas State
Cemetery, without changes to the proposed repeal as published in the December
4, 1998, issue of the
Texas Register
(23 TexReg
12023).
The adoption of the repeal of §115.7 deletes obsolete language that
resulted from the creation of the Texas State Cemetery Committee ("Committee")
by Senate Bill 973, 75th Legislation, 1997. The Committee has adopted rules
under Title XIII, Texas Administrative Code, Chapter 71 for the administration
of the Texas State Cemetery.
The repeal of §115.7 deletes obsolete language.
No comments were received regarding the repeal of §115.7
The repeal of §115.7 is adopted under the Texas Government
Code, Title 10, Subtitle D, Section 2152.003, which provides the General Services
Commission with the authority to promulgate rules consistent with Subtitle
D.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900153
Judy Ponder
General Counsel
General Services Commission
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 463-3960
Chapter 401.
Administration
The State Council on Competitive Government adopts amendments to Title
1, Texas Administrative Code, Part XVI, Chapter 401 under Subchapter A-Sections
401.1 - 401.4, concerning General Rules; Subchapter B - Sections 401.21-401.28,
concerning Council Meeting Guidelines and Requirements; Subchapter C - Sections
401.42-401.49, concerning Identification and Review of State Services; Subchapter
D - Section 401.61 and §401.62, concerning Evaluation of Proposals ;
Subchapter E - Section 401.81 and §401.82, concerning Duties of Affected
Agencies; and Subchapter F - Sections 401.102-401.104, concerning Monitoring
of Services. The Council also adopts under Subchapter F, a new §401.105,
relating to Contract Modification Notification by Contracting Agency to the
Council. The amendments and new section are adopted without changes to the
proposed text as published in the December 4, 1998, issue of the
Texas Register
(23 TexReg 12023).
The adoption of amendments and new rule section to Title 1, Texas Administrative
Code, Part XVI, Chapter 401 will improve efficiency due to clarification of
language.
The amendments are adopted in order to clarify existing language and to
update reference to the State Council on Competitive Governments statutory
citation under the Texas Government Code, Chapter 2162. The new rule section
is being adopted to clarify an executing agency's responsibilities regarding
a contract.
No comments were received regarding adoption of amendments to Title 1,
Texas Administrative Code, Part XVI, Chapter 401 and new section 401.105.
Subchapter A. General Rules
1 TAC §§401.1-401.4
The amendments and new section to Title 1, Texas Administrative
Code, Part XVI, Chapter 401 are adopted under the Government Code, Title 10,
Subtitle D, Chapter 2162, Subchapter B, Section 2162.101 - General Powers
- which provide the State Council on Competitive Government with the authority
to adopt a rule governing any aspect of the Council's duties or responsibilities.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900157
Chester Beattie
Legal Counsel
State Council on Competitive Government
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 463-3960
1 TAC §§401.21-401.28
These amendments are adopted under the Government Code, Title
10, Subtitle D, Chapter 2162, Subchapter B, Section 2162.101 - General Powers
- which provide the State Council on Competitive Government with the authority
to adopt a rule governing any aspect of the Council's duties or responsibilities.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900158
Chester Beattie
Legal Counsel
State Council on Competitive Government
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 463-3960
1 TAC §§401.42-401.49
These amendments are adopted under the Government Code, Title
10, Subtitle D, Chapter 2162, Subchapter B, Section 2162.101 - General Powers
- which provide the State Council on Competitive Government with the authority
to adopt a rule governing any aspect of the Council's duties or responsibilities.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900159
Chester Beattie
Legal Counsel
State Council on Competitive Government
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 463-3960
1 TAC §401.61, §401.62
These amendments are adopted under the Government Code, Title
10, Subtitle D, Chapter 2162, Subchapter B, Section 2162.101 - General Powers
- which provide the State Council on Competitive Government with the authority
to adopt a rule governing any aspect of the Council's duties or responsibilities.
Filed with the Office of the Secretary of State on January
12, 1999.
TRD-9900160
Chester Beattie
Legal Counsel
State Council on Competitive Government
Effective date: February 1, 1999
Proposal publication date: December 4, 1998
For further information, please call: (512) 463-3960
Subchapter D. Voting Systems Certification
Part V.
General Services Commission
Part XVI.
State Council on Competitive Government
Subchapter B. Council Meeting Guidelines and Requirements
Subchapter C. Identification and Review of State Services
Subchapter D. Evaluation of Proposals
Subchapter E. Duties of Affected Agencies