By:  Zedler                                                       H.B. No. 3208



A BILL TO BE ENTITLED

AN ACT

relating to the investigation of 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 to 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 to 
read as follows:   
	Sec. 273.001.  INVESTIGATION OF CRIMINAL CONDUCT.  (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, the county or district 
attorney shall investigate the allegations.  [If the election 
covers territory in more than one county, t]The voters may also 
present the affidavits to the attorney general, and the attorney 
general shall investigate the allegations.
	(b)  A district or county attorney having jurisdiction or the 
attorney general may conduct an investigation on the officer's own 
initiative to determine if criminal conduct occurred in connection 
with an election. 
	(c)  On receipt of an affidavit under Section 15.028, the 
county or district attorney having jurisdiction and, if applicable, 
the attorney general shall investigate the matter.
	(d)  On referral of a complaint from the secretary of state 
under Section 31.006, the attorney general may investigate the 
allegations.
	(e)  Not later than the 30th day after the date on which a 
county or district attorney begins an investigation under this 
section, the county or district attorney shall deliver notice of 
the investigation to the secretary of state.  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.  The secretary of state may 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.

(f)  Upon receipt of a complaint under section 31.006 or an 
affidavit under this section or 15.028, the attorney general, 
county attorney or district attorney shall promptly investigate the 
matter to determine if criminal conduct occurred and shall take all 
necessary actions in accordance with this code to prevent criminal 
conduct in connection with the election.
	SECTION 3.  EFFECTIVE DATE.  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 on the 91st day after the 
last day of the legislative session.