BILL ANALYSIS C.S.S.B. 828 By: Armbrister State Affairs 4-24-95 Committee Report (Substituted) BACKGROUND The Election Code confers authority on local prosecutors and, if the territory covered by the election is multi-county, on the attorney general to conduct investigations of Election Code violations if the local prosecutors receive affidavits from at least two registered voters or an affidavit from the local voter registrar. In addition, the attorney general is authorized to conduct investigations after referral from the secretary of state. Local prosecutors are authorized to prosecute offenses involving elections covering one county or district; the attorney general is authorized to prosecute offenses involving elections covering more than one county or district. PURPOSE As proposed, C.S.S.B. 828 authorizes the district attorney, criminal district attorney, county attorney with felony responsibilities or having jurisdiction, or the attorney general to initiate investigations of criminal conduct in connection with an election. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 273.001, Election Code, to delete a provision authorizing voters to present affidavits alleging criminal conduct in connection with an election to the attorney general if the election covers territory in more than one county, and requiring the attorney general to investigate the allegations. Authorizes a district attorney, criminal district attorney, county attorney with felony responsibilities or having jurisdiction, or the attorney general to conduct an investigation on the officer's own initiative to determine if criminal conduct has occurred in connection with an election. Requires, rather than authorizes, the attorney general to investigate the allegations on referral of a complaint from the secretary of state under Section 31.006. SECTION 2. Amends Section 273.021, Election Code, by amending Subsection (a) and adding Subsection (d), as follows: (a) Authorizes the attorney general to prosecute a criminal offense proscribed by election laws, if asked to do so by the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney. (d) Requires the district attorney, criminal district attorney, county attorney with felony responsibilities, or county attorney to ask the attorney general to prosecute a criminal offense proscribed by the election laws in an instance in which the official duties of the officer being prosecuted include determining or setting the budget for that prosecutor's office and appropriating moneys therefor. SECTION 3. Severability clause. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.