| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the enforcement by the secretary of state of certain |
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| 8 | 8 | | voter roll maintenance provisions; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 31, Election Code, is |
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| 11 | 11 | | amended by adding Section 31.017 to read as follows: |
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| 12 | 12 | | Sec. 31.017. ENFORCEMENT OF VOTER ROLL MAINTENANCE |
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| 13 | 13 | | PROVISIONS. (a) The secretary of state shall monitor each court |
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| 14 | 14 | | clerk and voter registrar for compliance with the following |
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| 15 | 15 | | provisions and with any rules implementing the following |
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| 16 | 16 | | provisions: |
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| 17 | 17 | | (1) Sections 62.113 and 62.114, Government Code; |
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| 18 | 18 | | (2) Subchapter D, Chapter 15; |
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| 19 | 19 | | (3) Subchapters A and B, Chapter 16; and |
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| 20 | 20 | | (4) Subchapter C, Chapter 18. |
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| 21 | 21 | | (b) If the secretary of state determines that a court clerk |
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| 22 | 22 | | or voter registrar has failed to comply with a requirement imposed |
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| 23 | 23 | | on the clerk or registrar by a provision listed in Subsection (a), |
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| 24 | 24 | | the secretary of state shall: |
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| 25 | 25 | | (1) for the first violation, require the clerk or |
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| 26 | 26 | | registrar to attend a training course developed under Subsection |
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| 27 | 27 | | (e); |
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| 28 | 28 | | (2) for the second violation, audit the voter |
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| 29 | 29 | | registration list for the county in which the clerk or registrar |
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| 30 | 30 | | serves to determine the actions needed to achieve compliance with |
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| 31 | 31 | | state law and rules adopted by the secretary of state; or |
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| 32 | 32 | | (3) for a third or subsequent violation, inform an |
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| 33 | 33 | | appropriate law enforcement agency that an offense under Subsection |
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| 34 | 34 | | (c) may have been committed. |
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| 35 | 35 | | (c) A county clerk or voter registrar commits an offense if |
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| 36 | 36 | | the clerk or registrar fails to comply with a requirement imposed on |
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| 37 | 37 | | the clerk or registrar by a provision listed under Subsection (a) |
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| 38 | 38 | | three or more times. |
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| 39 | 39 | | (d) An offense under Subsection (c) is a state jail felony. |
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| 40 | 40 | | (e) The secretary of state shall develop and implement a |
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| 41 | 41 | | training course for court clerks and registrars on the maintenance |
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| 42 | 42 | | of voter rolls required and permitted by law. |
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| 43 | 43 | | SECTION 2. The changes in law made by this Act apply only to |
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| 44 | 44 | | an offense committed on or after January 1, 2022. An offense |
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| 45 | 45 | | committed before January 1, 2022, is governed by the law in effect |
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| 46 | 46 | | on the date the offense was committed, and the former law is |
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| 47 | 47 | | continued in effect for that purpose. For purposes of this section, |
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| 48 | 48 | | an offense was committed before January 1, 2022, if any element of |
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| 49 | 49 | | the offense was committed before January 1, 2022. |
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| 50 | 50 | | SECTION 3. Not later than January 1, 2022, the secretary of |
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| 51 | 51 | | state shall develop the training course required by Section 31.017, |
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| 52 | 52 | | Election Code, as added by this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2021. |
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