87R8016 TSS-D
By: Jetton, Cain, et al. 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.