81R7160 JRJ-D
By: Miller of Erath H.B. No. 1882
A BILL TO BE ENTITLED
AN ACT
relating to the investigation of certain criminal conduct in
election matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.028, Election Code, is amended to
read as follows:
Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR.
[(a)] If the registrar determines that a person who is not a
registered voter voted in an election, the registrar shall execute
and deliver to the attorney general and the county or district
attorney having jurisdiction in the territory covered by the
election an affidavit stating the relevant facts.
[(b) If the election covers territory in more than one
county, the registrar shall also deliver an affidavit to the
attorney general.]
SECTION 2. Section 273.001, Election Code, is amended by
amending Subsections (a), (c), and (d), and adding Subsection (f)
to read as follows:
(a) If two or more registered voters of the territory
covered by an election present affidavits alleging criminal conduct
in connection with the election to the county or district attorney
having jurisdiction in that territory or the attorney general, the
officer to whom an affidavit is presented shall investigate the
allegations [the county or district attorney shall investigate the
allegations]. [If the election covers territory in more than one
county, the voters may present the affidavits to the attorney
general, and the attorney general shall investigate the
allegations.]
(c) On receipt of an affidavit under Section 15.028, the
county or district attorney having jurisdiction and, if applicable,
the attorney general shall promptly investigate the matter.
(d) On referral of a complaint from the secretary of state
under Section 31.006, the attorney general shall promptly [may]
investigate the allegations.
(f) Following an investigation, if the attorney general or
the county or district attorney having jurisdiction determines that
criminal conduct has occurred, the officer making the determination
shall take all necessary actions in accordance with this code to
prevent criminal conduct in connection with the election.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.