By: Toth H.B. No. 4727
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unlawful altering of election procedures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 276.019, Election Code, is amended to
  read as follows: (a) A public official or election official may
  not create, alter, modify, waive, or suspend any election standard,
  practice, or procedure mandated by law or rule in a manner not
  expressly authorized by this code.
         (b)  If, after receiving or discovering information
  indicating that a public official or election official has violated
  this section, the Secretary of State shall order that person to
  correct the offending conduct through written notice that includes
  a description of the violation and an explanation of the action
  necessary for compliance and of the consequences of noncompliance.
         (c)  If a person described by Subsection (b) fails to comply
  with an order from the Secretary of State under this section within
  the second day following, the Secretary of State shall:
               (1)  Inform the Attorney General that the official may
  be subject to a civil penalty under subsection (d); and
               (2)  deliver to the Attorney General all pertinent
  documents and information in the secretary's possession.
               (3)  The documents and information submitted under
  Subsection (c) are not considered public information until:
                     (A)  the Secretary of State makes a determination
  that the information received does not warrant an investigation; or
                     (B)  if referred to the Attorney General, the
  Attorney General has completed the investigation or has made a
  determination that the information referred does not warrant an
  investigation.
         (d)  A person is liable to this state for a civil penalty of
  $1,000 for each day after the second day following the receipt of
  the written notice that the public official or election official
  fails to take affirmative action to comply with the corrective
  actions identified by the Secretary of State.  The Attorney General
  may bring an action to recover a civil penalty imposed under this
  section.
         (d-1)  The civil penalty referenced in Subsection(d) shall
  increase to $5,000 for each day following the 7th day that the
  public official or election official fails to take affirmative
  action to comply with the corrective actions identified by the
  Secretary of State.
         (e)  The attorney general may bring an action to recover a
  civil penalty imposed under this section.
         (f)  A civil penalty collected by the Attorney General under
  this section shall be deposited in the state treasury to the credit
  of the general revenue fund.
         SECTION 2.  This Act takes effect September 1, 2023.