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.