By Hirschi H.B. No. 2169
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain election processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 273.001, Election Code, is amended to
1-5 read as follows:
1-6 Sec. 273.001. Investigation of Criminal Conduct. <(a)> If
1-7 two or more registered voters of the territory covered by an
1-8 election present affidavits alleging criminal conduct in connection
1-9 with <the> any election to the attorney general <county or district
1-10 attorney having jurisdiction in that territory>, the attorney
1-11 general <county or district attorney> shall investigate the
1-12 allegations, and pursuant to those allegations, if warranted, may
1-13 conduct an investigation to determine if criminal conduct occurred
1-14 in connection with the allegations. <If the election covers
1-15 territory in more than one county, the voters may present the
1-16 affidavits to the attorney general, and the attorney general shall
1-17 investigate the allegations.>
1-18 <(b) A district or county attorney having jurisdiction may
1-19 conduct an investigation on his own initiative to determine if
1-20 criminal conduct occurred in connection with an election. The
1-21 attorney general may conduct such an investigation in connection
1-22 with an election covering territory in more than one county.>
1-23 SECTION 2. Section 273.003, Election Code, is amended to
2-1 read as follows:
2-2 Sec. 273.003. Impounding Election Records. (a) In the
2-3 investigation of <an> any election, as described in Section
2-4 223.001(a), <a county or district attorney or> the attorney general
2-5 may have impounded for the investigation the election returns,
2-6 voted ballots, signature roster, and any other election records,
2-7 necessary for that investigation.
2-8 (b) To have election records impounded, the attorney general
2-9 <investigating officer> must apply to a district court for an order
2-10 placing the election records in the court's custody for examination
2-11 by the officer.
2-12 SECTION 3. Section 273.022, Election Code, is amended to
2-13 read as follows:
2-14 Section 273.021. PROSECUTION BY ATTORNEY GENERAL AUTHORIZED.
2-15 (a) The attorney general shall <may> prosecute a criminal offense
2-16 prescribed by the election laws of this state <if the offense
2-17 occurs in connection with an election covering territory in more
2-18 than one county>.
2-19 SECTION 4. Section 273.081, Election Code, is amended by
2-20 adding Subsection (b) to read as follows:
2-21 (b) Upon receipt of an affidavit from a person described in
2-22 Subsection (a), the attorney general may seek appropriate
2-23 injunctive relief to prevent the violation from continuing or
2-24 occuring.
2-25 SECTION 5. This Act takes effect September 1, 1993.
3-1 SECTION 6. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.