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A BILL TO BE ENTITLED
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AN ACT
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relating to preparing and delivering precinct election returns; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.014(e), Election Code, is amended to |
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read as follows: |
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(e) An offense under Subsection (d) is a Class A [B] |
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misdemeanor. |
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SECTION 2. Section 66.055, Election Code, is amended to |
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read as follows: |
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Sec. 66.055. FAILURE TO DELIVER [JUDICIAL IMPOUNDMENT OF] |
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ELECTION RECORDS. (a) If the precinct election records are not |
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delivered by the deadline prescribed by Section 66.053(c): |
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(1) the secretary of state may supervise the |
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activities necessary to complete the count, prepare the precinct |
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returns, and distribute the records; or |
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(2)[,] on application by a member of the canvassing |
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authority, a district judge shall order the precinct election |
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records to be impounded. |
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(b) If the precinct election records are impounded under |
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Subsection (a)(2), the [The] district judge shall supervise the |
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activities necessary to complete the count, prepare the precinct |
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returns, and distribute the records. |
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SECTION 3. The change in law made by this Act in amending |
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Section 65.014(e), Election Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |