By: Hefner H.B. No. 4480
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of fraud in the conduct of elections;
providing a civil penalty; creating a civil cause of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ELECTION CONTESTS
SECTION 1.01. Chapter 232, Election Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CONTEST INVOLVING ALLEGED FRAUD
Sec. 232.061. PETITION ALLEGING FRAUD. This subchapter
applies to an election contest in which the contestant alleges in
the petition that an opposing candidate, an agent of the opposing
candidate, or a person acting on behalf of the opposing candidate
with the candidate's knowledge committed election fraud under any
of the following sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010; or
(9) Section 276.013.
Sec. 232.062. EVIDENTIARY STANDARD. A contestant must
prove an allegation described by Section 232.061 by a preponderance
of the evidence.
Sec. 232.063. CIVIL PENALTY. (a) If the court in its
judgment finds that the contestee, an agent of the contestee, or a
person acting on behalf of the contestee with the contestee's
knowledge committed one or more violations of a section described
by Section 232.061, the contestee is liable to this state for a
civil penalty of $1,000 for each violation.
(b) A penalty collected under this section by the attorney
general shall be deposited in the state treasury to the credit of
the general revenue fund.
Sec. 232.064. ATTORNEY'S FEES. In an election contest to
which this subchapter applies, the court may award reasonable
attorney's fees to the prevailing party.
SECTION 1.02. (a) The changes in law made by this article
apply only to an election contest for which the associated election
occurred after the effective date of this Act.
(b) The changes in law made by this article apply only to an
election ordered on or after the effective date of this Act. An
election ordered before the effective date of this Act is governed
by the law in effect when the election was ordered, and the former
law is continued in effect for that purpose.
ARTICLE 2. EFFECTIVE DATE
SECTION 2.01. This Act takes effect September 1, 2021.