1. (a) Before a voting system may be used in elections, the authority designated by this section, by resolution, order, or other official action of the authority, must adopt the system for use in the elections.

2. (b) The decision on whether to adopt a voting system is made by the following authority:

   1. (1) for general elections for state and county officers, the commissioners court;
   2. (2) for primary elections, the county executive committee of the political party holding the primary; and

   3. (3) for any other elections:

      1. (A) the commissioners court, if ordered by the governor or by a county authority; or
      2. (B) the governing body of the political subdivision served by the authority ordering the elections, if ordered by an authority serving a political subdivision other than a county.
3. (c) If a voting system is adopted for use in elections, the voting system shall be used in the elections in accordance with the terms and conditions stated in the official action adopting the system, subject to this title.
4. (d) A voting system that uses a punch-card ballot or similar form of tabulating card may not be adopted for use in elections, except for purposes of early voting by mail, on or after September 1, 2001. This subsection does not prohibit the use of a punch-card ballot system or similar form of tabulating card if such system was adopted prior to September 1, 2001.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986.

Amended by Acts 2001, 77th Leg., ch. 1054, Sec. 2, eff. Sept. 1, 2001.