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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the election integrity division in |
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the office of the attorney general. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 273, Election Code, is |
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amended by adding Section 273.0025 to read as follows: |
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Sec. 273.0025. REQUEST FOR RECORDS. (a) An election |
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official or political subdivision shall promptly provide access to |
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election records requested by a law enforcement officer or |
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prosecutor in connection with an investigation under this |
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subchapter. |
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(b) Notwithstanding any other provision of this code, |
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copies of records and information provided pursuant to Subsection |
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(a) or another section of this code shall be provided in an |
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unredacted format and shall, upon request, be certified by the |
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official providing the records. |
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(c) A request made under this section is not a public |
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information request under Chapter 552, Government Code, and the |
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records and information provided under this section are |
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confidential. The original election records in the custody of an |
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election official or political subdivision remain subject to |
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existing law, but must be retained pending the final outcome of any |
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investigation and resulting litigation, including appeal. |
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SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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amended by adding Section 402.0385 to read as follows: |
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Sec. 402.0385. ELECTION INTEGRITY DIVISION. (a) The |
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office of the attorney general shall establish an election |
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integrity division to safeguard the integrity of elections, ensure |
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public confidence in the electoral process, and investigate and |
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prosecute election fraud offenses under the laws of this state. |
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(b) The election integrity division shall, using available |
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funds or any funds appropriated to the division, investigate and |
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prosecute, when appropriate, credible complaints of election fraud |
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pursuant to authority granted under Chapter 273, Election Code. |
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(c) A law enforcement agency in this state shall assist the |
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election integrity division in an investigation conducted under |
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this section as requested by the division. |
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SECTION 3. This Act takes effect September 1, 2021. |