H.B. 2149 78(R)    BILL ANALYSIS


H.B. 2149
By: Denny
Elections
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Under current law, a county or district attorney is required to
investigate criminal conduct in an election upon receipt of affidavits
from two or more registered voters of the governmental entity conducting
the election.  Because the county or district attorney is not required to
provide any notice of this investigation to the secretary of state, the
secretary of state's office does not have a uniform method of keeping
apprised of when investigations are taking place.  Instead, their
information is obtained by outside inquiries, often from the press or the
general public.  As chief elections officer, the secretary of state has an
interest in knowing when an election has resulted in a criminal
investigation.  House Bill 2149 amends provisions relating to notice of an
investigation of criminal conduct in connection with an election. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 


ANALYSIS

House Bill 2149 amends the Election Code 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 of criminal conduct in an
election, to deliver notice of the investigation to the secretary of
state.  The bill provides that the notice must 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. 


EFFECTIVE DATE

September 1, 2003.