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.