SRC-JEC H.B. 2149 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2149
By: Denny (Staples)
State Affairs
5/14/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, a county or district attorney is required to
investigate alleged criminal conduct in an election on receipt of
affidavits from two or more registered voters of the governmental entity
that conducted the election.  H.B. 2149 requires the county or district
attorney to notify the secretary of state, who is the chief election
officer of the state, when an election is being investigated. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 273.001, Election Code, by adding Subsection
(e), to require a county or district attorney, not later than the 30th day
after the date on which the county or district attorney begins an
investigation under this section, to deliver notice of the investigation
to the secretary of state. Requires the notice to include a statement that
a criminal investigation is being conducted and the date on which the
election that is the subject of the investigation was held.  Authorizes
the secretary of state to disclose information relating to a criminal
investigation received under this subsection only if the county or
district attorney has disclosed the information or would be required by
law to disclose the information. 

SECTION 2.  Effective date:  September 1, 2003.