| 1 | 1 | | 87R9329 ADM-D |
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| 2 | 2 | | By: Slawson H.B. No. 3424 |
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| 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 organized election fraud activity; imposing a civil |
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| 8 | 8 | | penalty. |
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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. Chapter 276, Election Code, is amended by adding |
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| 11 | 11 | | Section 276.0121 to read as follows: |
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| 12 | 12 | | Sec. 276.0121. LIABILITY FOR ENGAGING IN ORGANIZED ELECTION |
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| 13 | 13 | | FRAUD ACTIVITY. (a) In this section, "organized election fraud |
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| 14 | 14 | | activity" means an offense under Section 276.012(a). |
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| 15 | 15 | | (b) A person who engages in organized election fraud |
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| 16 | 16 | | activity in connection with an election in this state is liable to |
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| 17 | 17 | | the state for civil penalties in an action by the attorney general |
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| 18 | 18 | | as provided by this section. |
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| 19 | 19 | | (c) In an action under this section, the attorney general or |
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| 20 | 20 | | person bringing the action must establish each element of the |
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| 21 | 21 | | action by a preponderance of the evidence. |
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| 22 | 22 | | (d) It is not a defense under this section that: |
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| 23 | 23 | | (1) a defendant is not criminally responsible for an |
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| 24 | 24 | | offense committed in furtherance of the organized election fraud |
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| 25 | 25 | | activity; or |
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| 26 | 26 | | (2) another alleged participant in the organized |
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| 27 | 27 | | election fraud activity has been acquitted. |
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| 28 | 28 | | (e) In all actions under this section, the state shall be |
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| 29 | 29 | | awarded a civil penalty of $1,000 for each offense committed under |
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| 30 | 30 | | Titles 1 through 7 in the course of committing organized election |
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| 31 | 31 | | fraud activity. |
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| 32 | 32 | | (f) The cause of action created by this section is |
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| 33 | 33 | | cumulative of any other remedy provided by common law or statute. |
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| 34 | 34 | | (g) A person found liable under this section or other law |
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| 35 | 35 | | for any amount of damages arising from organized election fraud |
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| 36 | 36 | | activity is jointly liable with any other defendant for the entire |
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| 37 | 37 | | amount of damages arising from the activity. |
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| 38 | 38 | | (h) A civil action or proceeding under this section against |
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| 39 | 39 | | any person may be brought in the county where any part of the |
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| 40 | 40 | | organized election fraud activity occurred. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to an offense committed under Section 276.012(a), Election Code, on |
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| 43 | 43 | | or after the effective date of this Act. An offense committed |
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| 44 | 44 | | before the effective date of this Act is governed by the law in |
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| 45 | 45 | | effect on the date the offense was committed, and the former law is |
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| 46 | 46 | | continued in effect for that purpose. For purposes of this section, |
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| 47 | 47 | | an offense was committed before the effective date of this Act if |
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| 48 | 48 | | any element of the offense occurred before that date. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2021. |
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