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.
2-8 * * * * *