SB2216

Regular Session

Relating to security of election system equipment.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

General Custodian of Election Records (County Clerk/Elections Administrator) • Texas Secretary of State (Elections Division)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025.
Compliance Deadline: Immediate for any election ordered on or after September 1, 2025. You must have "locked room" storage and inventory protocols in place *before* the first election order is signed in Q3 2025.
Agency Rulemaking: The Secretary of State is expected to issue Election Advisories defining "locked room" specifications and seal standards. Monitor the Texas Register closely between May and August 2025 for these technical specifications.

Immediate Action Plan

Audit Facilities: Conduct a physical walkthrough of all storage sites to verify "locked room" capacity by July 1, 2025.
Update Inventory Logic: Modify database schemas to link media serial numbers to specific polling locations.
Draft the Log: Create the *Voting System Access Log* template and integrate it into technician tablets/clipboards.
Procure Seals: Source serialized, tamper-evident seals now to avoid supply chain bottlenecks in Q3 2025.
Notify Clients: Send a formal notice to Political Subdivision clients regarding their new storage obligations under SB2216.

Operational Changes Required

Contracts

Master Services Agreements (MSAs): Vendors must amend agreements to explicitly define which party (Vendor or Client) provides the compliant "locked room."
Liability Clauses: Update indemnification sections. If a poll worker cuts a seal without recording the statutory "purpose," the vendor must be indemnified against the resulting chain-of-custody breach.
Third-Party Logistics: Warehousing contracts must specify that equipment cannot sit on an open floor; it must be in a partitioned, locked enclosure.

Hiring/Training

Technician Training: Field staff must be retrained. They can no longer simply cut and replace seals during maintenance. They must now execute a "Seal Break" affidavit for every instance of access.
Audit Staff: Designate a specific Compliance Officer to verify seal logs against physical inventory prior to deployment.

Reporting & Record-Keeping

Inventory Software: Update asset management systems immediately to add a mandatory field for "Designated Polling Location" for all electronic storage media.
Chain of Custody Logs: Implement a Voting System Access Log that captures four statutory data points: (1) Seal ID, (2) Person removing seal, (3) Time/Date, and (4) Statutory Purpose (e.g., maintenance, testing).

Fees & Costs

Billable Hours: Adjust service pricing to account for increased administrative time required to log and witness seal changes.
Hardware Costs: Budget for high-volume procurement of serialized, tamper-evident seals.
Facility Costs: Potential capital expenditure if current warehousing requires partition construction to meet the "locked room" standard.

Strategic Ambiguities & Considerations

"Locked Room" Definition: The statute does not define the physical construction of the room. It is unclear if a wire cage within a warehouse suffices or if a solid-walled room is required. Adopt a conservative standard (solid walls, controlled access) until SOS guidance is released.
"Electronic Information Storage Media": The scope is broad. While it clearly applies to USBs and memory cards, it may extend to internal hard drives. Prepare to seal access ports to internal components.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsElections Elections--administration Elections--general Elections--election Officers Elections--voting Systems Electronic Information Systems Electronic Equipment

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 2216
89R14795 MPF-D	By: Hughes
	State Affairs
	4/3/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

S.B. 2216 aims to strengthen the physical security and oversight of election equipment in Texas, ensuring that access is controlled, tracked, and documented to safeguard the integrity of the voting process.

Key Provisions:

Maintenance and Storage of Equipment (Section 123.034):

�Equipment used in the operation of voting equipment must be stored in a locked room to restrict access.

�� 2. Security Measures for Voting System Equipment (Section 129.051):

�The inventory of electronic information storage media must now include details about the polling location where the media will be used.

�The general custodian of election records is required to place security seals on each unit of voting system equipment to prevent unauthorized access.

A procedure must be established to document: (1) the specific seals placed on each unit, and (2) any instances where seals are removed, including the identity of the individual removing them and the purpose for accessing the equipment.

As proposed, S.B. 2216 amends current law relating to security of election system equipment.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 123.034, Election Code, to require that equipment used in the operation of a voting system be stored in a locked room and to make a nonsubstantive change.

SECTION 2. Amends Section 129.051, Election Code, by adding Subsections (a-1), (h), and (i), as follows:

(a-1) Requires that the inventory of electronic information storage media maintained under Subsection (a) (relating to requiring the general custodian of election records to create and maintain an inventory of all electronic information storage media) include information on the polling location at which the storage media will be used.

(h) Requires the general custodian of election records to place security seals on each unit of voting system equipment to prevent unauthorized access to the equipment.

(i) Requires the general custodian of election records to create a procedure for documenting which specific seals are placed on each unit of voting system equipment and 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.

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 2025.

Senate Authors

Sen. Bryan HughesRepublican · Primary Author

House Sponsor

Rep. Katrina PiersonRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2216

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to security of election system equipment.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 123.034, Election Code, is amended to
	read as follows:
	Sec. 123.034. MAINTENANCE AND STORAGE OF EQUIPMENT. (a)
	The governing body of a political subdivision shall provide for the
	proper maintenance and storage of the equipment that the
	subdivision acquires for use in the operation of a voting system.
	(b) Equipment used in the operation of a voting system must
	be stored in a locked room.
	SECTION 2. Section 129.051, Election Code, is amended by
	adding Subsections (a-1), (h), and (i) to read as follows:
	(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.
	(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.
	SECTION 3. The changes in law made by this Act apply only to
	an election ordered on or after the effective date of this Act.
	SECTION 4. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 4, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2216 by Hughes (Relating to security of election system equipment.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, WP, BC, CWi

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Frequently Asked Questions

Common questions about SB2216

What does Texas SB2216 do?

SB2216 eliminates "honor system" security for election equipment, mandating strict physical storage in "locked rooms" and serialized chain-of-custody logging effective September 1, 2025. This legislation shifts liability to vendors, logistics providers, and election administrators who fail to document the specific identity, time, and purpose of every seal breach on voting machinery. Implementation Timeline Effective Date: September 1, 2025.

Who authored SB2216?

SB2216 was authored by Texas Senator Bryan Hughes during the Regular Session.

When was SB2216 signed into law?

SB2216 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2216?

SB2216 is enforced by General Custodian of Election Records (County Clerk/Elections Administrator) and Texas Secretary of State (Elections Division).

How urgent is compliance with SB2216?

The compliance urgency for SB2216 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2216?

The cost impact of SB2216 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2216 address?

SB2216 addresses topics including elections, elections--administration, elections--general, elections--election officers and elections--voting systems.

Legislative data provided by LegiScanLast updated: November 25, 2025

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