88R10142 TSS-D
 
  By: Bettencourt S.B. No. 1935
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring counties to cooperate with the secretary of
  state in randomized election audits; providing an administrative
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 127.351(c), Election Code, is amended to
  read as follows:
         (c)  Except as provided by Section 127.352, a [A] county
  selected to be audited may not be required to pay the cost of
  performing an audit under this section.
         SECTION 2.  Subchapter J, Chapter 127, Election Code, is
  amended by adding Section 127.352 to read as follows:
         Sec. 127.352.  COOPERATION BY COUNTY. (a) The secretary of
  state may request that a county selected under Section 127.351
  provide to the secretary of state as necessary to complete an audit
  under this subchapter: 
               (1)  records or other documents in the possession of
  the county; and
               (2)  the assistance of county employees.
         (b)  A county selected under Section 127.351 shall comply
  with a request made under Subsection (a) not later than the 14th day
  after the request is made. 
         (c)  The secretary of state may assess an administrative
  penalty of not more than $500 per day for each day following the
  14th day after a request under Subsection (a) is made that the
  county fails or refuses to comply with the request. 
         SECTION 3.  The changes in law made by this Act apply only to
  an audit initiated under Subchapter J, Chapter 127, Election Code,
  as amended by this Act, on or after the effective date of this Act.
  An audit initiated before the effective date of this Act is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.