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