By: Armbrister S.B. No. 828
A BILL TO BE ENTITLED
AN ACT
1-1 relating to investigations of criminal conduct in connection with
1-2 an election.
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 election to the county or district attorney having
1-10 jurisdiction in that territory, the county or district attorney
1-11 shall investigate the allegations. <If the election covers
1-12 territory in more than one county, the voters may present the
1-13 affidavits to the attorney general, and the attorney general shall
1-14 investigate the allegations.>
1-15 (b) A district attorney, criminal district attorney, county
1-16 attorney with felony responsibilities, or county attorney having
1-17 jurisdiction or the attorney general may conduct an investigation
1-18 on the officer's own initiative to determine if criminal conduct
1-19 has occurred in connection with an election.
1-20 (c) On receipt of an affidavit under Section 15.028, the
1-21 county or district attorney having jurisdiction and, if applicable,
1-22 the attorney general shall investigate the matter.
1-23 (d) On referral of a complaint from the secretary of state
2-1 under Section 31.006, the attorney general shall <may> investigate
2-2 the allegations.
2-3 SECTION 2. Section 273.021, Election Code, is amended by
2-4 amending Subsection (a) and by adding Subsection (d) to read as
2-5 follows:
2-6 (a) The attorney general may prosecute a criminal offense
2-7 proscribed <prescribed> by the election laws of this state, if
2-8 asked to do so by the district attorney, criminal district
2-9 attorney, county attorney with felony responsibilities, or county
2-10 attorney, whichever is applicable.
2-11 (d) The district attorney, criminal district attorney,
2-12 county attorney with felony responsibilities, or county attorney,
2-13 whichever is applicable, shall ask the attorney general to
2-14 prosecute a criminal offense proscribed by the elections laws of
2-15 this state in an instance in which the official duties of the
2-16 officer being prosecuted include determining or setting the budget
2-17 for that prosecutor's office and appropriating the money therefor.
2-18 SECTION 3. If any section, sentence, clause, or part of this
2-19 Act shall for any reason be held invalid, such invalidity shall not
2-20 affect the remaining portions of the Act, and it is hereby declared
2-21 to be the intention of this legislature to have passed each
2-22 section, sentence, clause, or part irrespective of the fact that
2-23 any other section, sentence, clause, or part may be declared
2-24 invalid.
2-25 SECTION 4. (a) The changes in law made by this Act apply
3-1 only to a criminal offense committed or a violation that occurs on
3-2 or after the effective date of this Act. For the purposes of this
3-3 Act, a criminal offense is committed or a violation occurs before
3-4 the effective date of this Act if any element of the offense or
3-5 violation occurs before that date.
3-6 (b) A criminal offense committed or violation that occurs
3-7 before the effective date of this Act is covered by the law in
3-8 effect when the criminal offense was committed or the violation
3-9 occurred, and the former law is continued in effect for this
3-10 purpose.
3-11 SECTION 5. This Act takes effect September 1, 1995.
3-12 SECTION 6. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended,
3-17 and that this Act take effect and be in force from and after its
3-18 passage, and it is so enacted.