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 under the Election Code.
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 <(a) If two or more registered voters of the territory
1-7 covered by an election present affidavits alleging criminal conduct
1-8 in connection with the election to the county or district attorney
1-9 having jurisdiction in that territory, the county or district
1-10 attorney shall investigate the allegations. If the election covers
1-11 territory in more than one county, the voters may present the
1-12 affidavits to the attorney general, and the attorney general shall
1-13 investigate the allegations.>
1-14 <(b)> A district attorney, criminal district attorney,
1-15 county attorney with felony responsibilities, or county attorney
1-16 having jurisdiction or the attorney general may conduct an
1-17 investigation on the officer's own initiative to determine if
1-18 criminal conduct has occurred in connection with an election.
1-19 <(c) On receipt of an affidavit under Section 15.028, the
1-20 county or district attorney having jurisdiction and, if applicable,
1-21 the attorney general shall investigate the matter.>
1-22 <(d) On referral of a complaint from the secretary of state
1-23 under Section 31.006, the attorney general may investigate the
2-1 allegations.>
2-2 SECTION 2. Section 273.021, Election Code, is amended by
2-3 amending Subsection (a) and adding Subsection (d) to read as
2-4 follows:
2-5 (a) The attorney general may prosecute a criminal offense
2-6 proscribed <prescribed> by the election laws of this state, if
2-7 asked to do so by the district attorney, criminal district
2-8 attorney, county attorney with felony responsibilities, or county
2-9 attorney, whichever is applicable.
2-10 (d) The district attorney, criminal district attorney,
2-11 county attorney with felony responsibilities, or county attorney,
2-12 whichever is applicable, shall ask the attorney general to
2-13 prosecute a criminal offense proscribed by the elections laws of
2-14 this state in an instance in which the official duties of the
2-15 officer being prosecuted include determining or setting the budget
2-16 for that prosecutor's office and appropriating the moneys therefor.
2-17 SECTION 3. SEVERABILITY. If any section, sentence, clause,
2-18 or part of this Act shall, for any reason, be held invalid, such
2-19 invalidity shall not affect the remaining portions of the Act, and
2-20 it is hereby declared to be the intention of this legislature to
2-21 have passed each section, sentence, clause, or part irrespective of
2-22 the fact that any other section, sentence, clause, or part may be
2-23 declared invalid.
2-24 SECTION 4. CRIMINAL OFFENSE OR VIOLATION. (a) The changes
2-25 in law made by this Act apply only to a criminal offense committed
3-1 or a violation that occurs on or after the effective date of this
3-2 Act. For the purposes of this Act, a criminal offense is committed
3-3 or a violation occurs before the effective date of this Act if any
3-4 element of the offense or violation occurs before that date.
3-5 (b) A criminal offense committed or violation that occurs
3-6 before the effective date of this Act is covered by the law in
3-7 effect when the criminal offense was committed or the violation
3-8 occurred, and the former law is continued in effect for this
3-9 purpose.
3-10 SECTION 5. EFFECTIVE DATE. This Act takes effect on
3-11 September 1, 1995.
3-12 SECTION 6. EMERGENCY. The importance of this legislation
3-13 and the 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.