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.