1-1  By:  Armbrister                                        S.B. No. 828
    1-2        (In the Senate - Filed February 28, 1995; March 1, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 21, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 12, Nays 0; April 21, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 828               By:  Armbrister
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to investigations of criminal conduct in connection with
   1-11  an election.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 273.001, Election Code, is amended to
   1-14  read as follows:
   1-15        Sec. 273.001.  INVESTIGATION OF CRIMINAL CONDUCT.  (a)  If
   1-16  two or more registered voters of the territory covered by an
   1-17  election present affidavits alleging criminal conduct in connection
   1-18  with the election to the county or district attorney having
   1-19  jurisdiction in that territory, the county or district attorney
   1-20  shall investigate the allegations.  <If the election covers
   1-21  territory in more than one county, the voters may present the
   1-22  affidavits to the attorney general, and the attorney general shall
   1-23  investigate the allegations.>
   1-24        (b)  A district attorney, criminal district attorney, county
   1-25  attorney with felony responsibilities, or county attorney having
   1-26  jurisdiction or the attorney general may conduct an investigation
   1-27  on the officer's own initiative to determine if criminal conduct
   1-28  has occurred in connection with an election.
   1-29        (c)  On receipt of an affidavit under Section 15.028, the
   1-30  county or district attorney having jurisdiction and, if applicable,
   1-31  the attorney general shall investigate the matter.
   1-32        (d)  On referral of a complaint from the secretary of state
   1-33  under Section 31.006, the attorney general shall <may> investigate
   1-34  the allegations.
   1-35        SECTION 2.  Section 273.021, Election Code, is amended by
   1-36  amending Subsection (a) and by adding Subsection (d) to read as
   1-37  follows:
   1-38        (a)  The attorney general may prosecute a criminal offense
   1-39  proscribed <prescribed> by the election laws of this state, if
   1-40  asked to do so by the district attorney, criminal district
   1-41  attorney, county attorney with felony responsibilities, or county
   1-42  attorney, whichever is applicable.
   1-43        (d)  The district attorney, criminal district attorney,
   1-44  county attorney with felony responsibilities, or county attorney,
   1-45  whichever is applicable, shall ask the attorney general to
   1-46  prosecute a criminal offense proscribed by the elections laws of
   1-47  this state in an instance in which the official duties of the
   1-48  officer being prosecuted include determining or setting the budget
   1-49  for that prosecutor's office and appropriating the money therefor.
   1-50        SECTION 3.  If any section, sentence, clause, or part of this
   1-51  Act shall for any reason be held invalid, such invalidity shall not
   1-52  affect the remaining portions of the Act, and it is hereby declared
   1-53  to be the intention of this legislature to have passed each
   1-54  section, sentence, clause, or part irrespective of the fact that
   1-55  any other section, sentence, clause, or part may be declared
   1-56  invalid.
   1-57        SECTION 4.  (a)  The changes in law made by this Act apply
   1-58  only to a criminal offense committed or a violation that occurs on
   1-59  or after the effective date of this Act.  For the purposes of this
   1-60  Act, a criminal offense is committed or a violation occurs before
   1-61  the effective date of this Act if any element of the offense or
   1-62  violation occurs before that date.
   1-63        (b)  A criminal offense committed or violation that occurs
   1-64  before the effective date of this Act is covered by the law in
   1-65  effect when the criminal offense was committed or the violation
   1-66  occurred, and the former law is continued in effect for this
   1-67  purpose.
   1-68        SECTION 5.  This Act takes effect September 1, 1995.
    2-1        SECTION 6.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency and an imperative public necessity that the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended,
    2-6  and that this Act take effect and be in force from and after its
    2-7  passage, and it is so enacted.
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