Texas 2021 87th Regular

Texas House Bill HB2546 Introduced / Bill

Filed 03/02/2021

                    87R8016 TSS-D
 By: Jetton H.B. No. 2546


 A BILL TO BE ENTITLED
 AN ACT
 relating to the enforcement by the secretary of state of certain
 voter roll maintenance provisions; creating a criminal offense.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 31, Election Code, is
 amended by adding Section 31.017 to read as follows:
 Sec. 31.017.  ENFORCEMENT OF VOTER ROLL MAINTENANCE
 PROVISIONS. (a) The secretary of state shall monitor each court
 clerk and voter registrar for compliance with the following
 provisions and with any rules implementing the following
 provisions:
 (1)  Sections 62.113 and 62.114, Government Code;
 (2)  Subchapter D, Chapter 15;
 (3)  Subchapters A and B, Chapter 16; and
 (4)  Subchapter C, Chapter 18.
 (b)  If the secretary of state determines that a court clerk
 or voter registrar has failed to comply with a requirement imposed
 on the clerk or registrar by a provision listed in Subsection (a),
 the secretary of state shall:
 (1)  for the first violation, require the clerk or
 registrar to attend a training course developed under Subsection
 (e);
 (2)  for the second violation, audit the voter
 registration list for the county in which the clerk or registrar
 serves to determine the actions needed to achieve compliance with
 state law and rules adopted by the secretary of state; or
 (3)  for a third or subsequent violation, inform an
 appropriate law enforcement agency that an offense under Subsection
 (c) may have been committed.
 (c)  A county clerk or voter registrar commits an offense if
 the clerk or registrar fails to comply with a requirement imposed on
 the clerk or registrar by a provision listed under Subsection (a)
 three or more times.
 (d)  An offense under Subsection (c) is a state jail felony.
 (e)  The secretary of state shall develop and implement a
 training course for court clerks and registrars on the maintenance
 of voter rolls required and permitted by law.
 SECTION 2.  The changes in law made by this Act apply only to
 an offense committed on or after January 1, 2022. An offense
 committed before January 1, 2022, 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 January 1, 2022, if any element of
 the offense was committed before January 1, 2022.
 SECTION 3.  Not later than January 1, 2022, the secretary of
 state shall develop the training course required by Section 31.017,
 Election Code, as added by this Act.
 SECTION 4.  This Act takes effect September 1, 2021.