BILL ANALYSIS
Senate Research Center |
S.B. 318 |
89R4406 PRL-D |
By: Creighton |
|
State Affairs |
|
3/4/2025 |
|
As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
While the Office of the Attorney General has lawyers who investigate violations of the Election Code, there is no unified division for these investigations. Without this division, there is no guarantee that the Office of the Attorney General will investigate reports of election fraud.
S.B. 318 creates an Election Integrity Division within the Office of the Attorney General, and ensures that local law enforcement will assist in these investigations upon request. S.B. 318 also grants the division administrative subpoena power to compel local officials to cooperate in an investigation by this division.
As proposed, S.B. 318 amends current law relating to the establishment of the election integrity division in the office of the attorney general.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter B, Chapter 402, Government Code, by adding Section 402.0385, as follows:
Sec. 402.0385. ELECTION INTEGRITY DIVISION. (a) Requires the Office of the Attorney General to establish an election integrity division (division).
(b) Requires the division, using available funds or any funds appropriated to the division and in support of the appropriate county or district attorney, to investigate reports of election fraud or that a person has committed an offense under the Election Code.
(c) Requires a state law enforcement agency, as requested by the division, to assist the division in an investigation conducted under this section.
(d) Authorizes the division, for an investigation conducted by the division, to issue an administrative subpoena to a political subdivision of this state compelling the production of information or documents, or the attendance and testimony of a witness.
SECTION 2. Effective date: September 1, 2025.