83R1796 ATP-D
By: Zedler, Flynn H.B. No. 289
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the attorney general to investigate
election-related offenses.
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 an affidavit stating the relevant facts to:
(1) the county or district attorney having
jurisdiction in the territory covered by the election; and
(2) [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(a), Election Code, is amended 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 to the attorney general,
the [county or district] attorney receiving the affidavits 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.]
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, 2013.