79S10366 DRH-D

By:  Zedler                                                       H.B. No. 75 



A BILL TO BE ENTITLED

AN ACT

relating to the investigation of certain criminal conduct in 
election matters.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 15.028, Election Code, is amended to 
read as follows:    
	Sec. 15.028.  NOTICE OF UNLAWFUL VOTING TO PROSECUTOR.  
[(a)]  If the registrar determines that a person who is not a 
registered voter voted in an election, the registrar shall execute 
and deliver to the attorney general and the county or district 
attorney having jurisdiction in the territory covered by the 
election an affidavit stating the relevant facts.
	[(b)  If the election covers territory in more than one 
county, the registrar shall also deliver an affidavit to the 
attorney general.]
	SECTION 2.  Section 273.001, Election Code, is amended by 
amending Subsections (a), (c), and (d), and adding Subsection (f) 
to read as follows:
	(a)  If two or more registered voters of the territory 
covered by an election present affidavits alleging criminal conduct 
in connection with the election to the county or district attorney 
having jurisdiction in that territory or the attorney general, the 
officer to whom an affidavit is presented shall investigate the 
allegations [the county or district attorney shall investigate the 
allegations].  [If the election covers territory in more than one 
county, the voters may present the affidavits to the attorney 
general, and the attorney general shall investigate the 
allegations.]
	(c)  On receipt of an affidavit under Section 15.028, the 
county or district attorney having jurisdiction and, if applicable, 
the attorney general shall promptly investigate the matter.
	(d)  On referral of a complaint from the secretary of state 
under Section 31.006, the attorney general shall promptly [may] 
investigate the allegations.
	(f)  Following an investigation, if the attorney general or 
the county or district attorney having jurisdiction determines that 
criminal conduct has occurred, the officer making the determination  
shall take all necessary actions in accordance with this code to 
prevent criminal conduct in connection with the election.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect November 1, 2005.