BILL ANALYSIS

 

 

Senate Research Center

S.B. 1508

87R10518 ADM-D

By: Creighton

 

State Affairs

 

4/16/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

While the Office of the Attorney General has lawyers who investigate violations of the Election Code, there is no unified division for these investigations. Additionally, there are times when counties fail to cooperate with an investigation within the Office of the Attorney General.

 

S.B. 1508 creates an Election Integrity Division within the Office of the Attorney General, and ensures that local law enforcement will assist in these investigations. S.B. 1508 also grants the division administrative subpoena power to compel local officials to cooperate in an investigation by this division.

 

As proposed, S.B. 1508 amends current law relating to the establishment of the election integrity division in the office of the attorney general.

 

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 Subchapter B, Chapter 402, Government Code, by adding Section 402.0385, as follows:

 

Sec. 402.0385.� ELECTION INTEGRITY DIVISION. (a) Requires the Office of the Attorney General to establish an election integrity division.

 

(b)� Requires the election integrity division to, using available funds or any funds appropriated to the division and in support of the appropriate county or district attorney, investigate reports of election fraud or that a person has committed an offense under the Election Code.

 

(c)� Requires a law enforcement agency in this state to assist the election integrity division in an investigation conducted under this section as requested by the division.

 

(d)� Authorizes the election integrity division, for an investigation conducted by the division, to issue an administrative subpoena to a political subdivision of this state compelling the production of information or documents or the attendance and testimony of a witness.

 

SECTION 2. Effective date: September 1, 2021.