Texas Codes

Tex. Elec. Code § 122.038 (2026)

Action By Secretary Of State

✓ current as of May 2026

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Sec. 122.038. ACTION BY SECRETARY OF STATE. (a) After reviewing the examiners' reports and considering the views expressed at the public hearing, the secretary of state shall determine whether the voting system or voting system equipment for which an application has been submitted satisfies the applicable requirements for approval.

(b) The secretary may examine the system or equipment to aid in determining whether it satisfies the requirements for approval.

(c) If the system or equipment satisfies the applicable requirements for approval, the secretary by written order shall approve the system or equipment of that design for use in elections. Otherwise, the secretary shall deny the application.

Acts 1985, 69th Leg., ch. 211, Sec. 1, eff. Jan. 1, 1986. Amended by Acts 1987, 70th Leg., ch. 484, Sec. 4, eff. Sept. 1, 1987.

Amended by:

Acts 2005, 79th Leg., Ch. 273 (H.B. 2465), Sec. 2, eff. September 1, 2005.

Notes of Decisions

Cited in 4 cases, 2009–2009 · leading case: Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App. 2009).

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Andrade v. NAACP of Austin, 287 S.W.3d 240 (Tex. App. 2009). · cites it 4× “See Tex. Elec. Code Ann. § 122.038 (c); Miranda, 133 S.”

Esperanza Andrade, in Her Off. Capacity as Sec'y of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana & David Van Os (Tex. App. 2009). “However, the Secretary directs her arguments concerning sovereign immunity only at appellees’ claim alleging statutory violations, not at their constitutional claims.”

Esperanza Andrade, in Her Off. Capacity as Sec'y of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana & David Van Os (Tex. App. 2009). “See Tex. Elec. Code Ann. § 122.038 (c); Miranda , 133 S.”

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