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A BILL TO BE ENTITLED
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AN ACT
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relating to certain suits involving elections and the |
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confidentiality of certain communications with voting systems |
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vendors. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 121, Election Code, is amended by adding |
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Section 121.004 to read as follows: |
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Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR |
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PUBLIC INFORMATION. Notwithstanding any other law, including |
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Chapter 552, Government Code, a written letter, e-mail, or other |
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communication, including a communication made confidential by |
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other law, between a public official and a voting systems vendor: |
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(1) is not confidential; |
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(2) is public information for purposes of Chapter 552, |
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Government Code; and |
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(3) is not subject to an exception to disclosure |
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provided by Chapter 552, Government Code. |
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SECTION 2. The heading to Subchapter D, Chapter 273, |
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Election Code, is amended to read as follows: |
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SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT] |
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SECTION 3. Section 273.061, Election Code, is amended to |
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read as follows: |
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Sec. 273.061. JURISDICTION. (a) The supreme court or a |
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court of appeals may issue a writ of mandamus to compel the |
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performance of any duty imposed by law in connection with the |
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holding of a statewide [an] election, an election for the office of |
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state senator or state representative, or a political party |
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convention, regardless of whether the person responsible for |
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performing the duty is a public officer. |
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(b) A district court may issue a writ of mandamus to compel |
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the performance of any duty imposed by law in connection with the |
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holding of an election by a municipality, county, or other |
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political subdivision. |
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SECTION 4. Subchapter D, Chapter 273, Election Code, is |
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amended by adding Section 273.064 to read as follows: |
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Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a |
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district court for a writ of mandamus under this subchapter must be |
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filed in a district court in Travis County or in the county in which |
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the election was held or is to be held. |
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(b) For an election held or to be held by a political |
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subdivision other than a municipality or county, a petition filed |
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under this section may be filed in Travis County or in any county |
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that contains a portion of the territory of the political |
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subdivision. |
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SECTION 5. Subchapter A, Chapter 22, Government Code, is |
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amended by adding Section 22.023 to read as follows: |
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Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
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ELECTIONS. The supreme court shall give preference to a hearing or |
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trial related to the conduct of an election. |
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SECTION 6. Subchapter C, Chapter 22, Government Code, is |
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amended by adding Section 22.229 to read as follows: |
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Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
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ELECTIONS. A court of appeals shall give preference to a hearing or |
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trial related to the conduct of an election. |
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SECTION 7. Section 23.101, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The trial courts of this state shall give preference to |
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a hearing or trial related to the conduct of an election, above the |
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preference described by Subsection (a). |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |