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LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 87TH LEGISLATIVE REGULAR SESSION
 
April 18, 2021

TO:
Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
SB1612 by Hall (Relating to certain suits involving elections and the confidentiality of certain communications with voting systems vendors.), As Introduced

No significant fiscal implication to the State is anticipated.

This bill would amend the Election Code to provide that notwithstanding any other law, a communication between a public official and a voting system vendor is not confidential; is public information for purposes of Chapter 552 of the Government Code; and is not subject to an exception from disclosure under Chapter 552.

The bill would also amend the Election Code to limit the appellate courts' writ of mandamus powers to compelling the performance of an official duty related to the holding of a statewide election, an election for a state senator or state representative, or a political party convention.

The bill would give certain district courts writ of mandamus powers to compel the performance of an official duty related to the holding of a local election. Under the provisions of the bill, with respect to district courts, a person must file the petition for the writ in Travis County, in the county where the election is held or will be held, or in any county that contains a portion of the territory of the political subdivision where the election is held or will be held, whichever is applicable.

The bill would amend the Government Code to require all courts to give preference to appeals, trials, or hearings related to the conduct of an election.

Based on the analysis of the Office of Court Administration and the Secretary of State, it is assumed that duties and responsibilities associated with implementing the bill could be accomplished utilizing existing resources. In addition, no significant fiscal impact to the state court system is anticipated with the implementation of the bill.


Local Government Impact

The Texas Association of Counties does not anticipate a significant fiscal impact to counties.


Source Agencies:
212 Office of Court Admin, 307 Secretary of State
LBB Staff:
JMc, SMAT, BH, AF