SRC-JBJ S.B. 817 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 817
76R7195 DRH-DBy: Brown
State Affairs
3/22/1999
As Filed


DIGEST 

Currently, the secretary of state refers complaints of criminal conduct in
connection with an election to the attorney general.  The Department of
Public Safety (DPS) often assists the investigation.  S.B. 817 codifies
this existing practice by granting the secretary of state the authority to
direct the DPS to conduct the investigation, and to prohibit the removal,
sorting, or counting of ballots until the polling place has been closed for
voting. 

PURPOSE

As proposed, S.B. 817 authorizes the secretary of state to direct the
Department of Public Safety to conduct an investigation of election fraud. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter 31A, Election Code, by adding Section
31.0061, as follows: 

Sec. 31.0060.  INVESTIGATION OF COMPLAINT BY DEPARTMENT OF PUBLIC SAFETY.
Authorizes the secretary of state to direct the Department of Public Safety
(DPS) to conduct an investigation of the complaint, after receiving a
complaint alleging a criminal activity in connection with an election.
Requires the DPS to report to the secretary of state the results of the
investigation. 

SECTION 2.  Amends Section 127.034, Election Code, by adding Subsection
(e), to prohibit the removal, sorting, or counting of ballots under this
section until after the polling place is closed for voting. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.