Texas 2021 - 87th Regular

Texas House Bill HB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R18640 TSS-D
2		-	By: Cain, Schofield, Klick, Clardy, Jetton, H.B. No. 6
3		-	et al.
4		-	Substitute the following for H.B. No. 6:
5		-	By: Cain C.S.H.B. No. 6
	1	+	By: Cain H.B. No. 6
6	2
7	3
8	4		A BILL TO BE ENTITLED
9	5		AN ACT
10		-	relating to election integrity and security, including by
11		-	preventing fraud in the conduct of elections in this state;
12		-	increasing criminal penalties; creating criminal offenses.
	6	+	relating to election integrity and preservation of the purity of
	7	+	the ballot box through the prevention of fraud in the conduct of an
	8	+	election; increasing criminal penalties; creating criminal
	9	+	offenses.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		ARTICLE 1. GENERAL PROVISIONS
15	12		SECTION 1.01. SHORT TITLE. This Act may be cited as the
16	13		Election Integrity Protection Act of 2021.
17	14		SECTION 1.02. PURPOSE. The purpose of this Act is to
18	15		exercise the legislature's constitutional authority under Section
19	16		4, Article VI, Texas Constitution, to make all laws necessary to
20	17		detect and punish fraud and preserve the purity of the ballot box.
21	18		SECTION 1.03. FINDINGS. The legislature finds that:
22	19		(1) full, free, and fair elections are the
23	20		underpinnings of a stable constitutional democracy;
24	21		(2) fraud in elections threatens the stability of a
25	22		constitutional democracy by undermining public confidence in the
26	23		legitimacy of public officers chosen by election;
27	24		(3) reforms are needed to the election laws of this
28	25		state to ensure that fraud does not undermine the public confidence
29	26		in the electoral process;
30		-	(4) Section 4, Article VI, Texas Constitution,
31		-	~~entrusts~~ the enactment of laws to combat fraud in the electoral
32		-	~~process to~~ the sound discretion of the legislature; and
	27	+	(4) Section 4, Article VI, Texas Constitution entrusts
	28	+	the enactment of laws to combat fraud in the electoral process to
	29	+	the sound discretion of the legislature; and
33	30		(5) the reforms to the election laws of this state made
34	31		by this Act are not intended to impair the right of free suffrage
35	32		guaranteed to the people of Texas by the United States and Texas
36		-	~~Constitutions~~, but are enacted solely to prevent fraud in the
	33	+	Constitution, but are enacted solely to prevent fraud in the
37	34		electoral process.
38	35		SECTION 1.04. Chapter 1, Election Code, is amended by
39	36		adding Section 1.0015 to read as follows:
40		-	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
41		-	legislature that the application of this code and the conduct of
42		-	elections shall be uniform and consistent throughout this state to
43		-	reduce the likelihood of fraud in the conduct of elections.
	37	+	Sec. 1.0015. LEGISLATIVE INTENT. To reduce the likelihood
	38	+	of fraud in the conduct of elections, it is the intent of the
	39	+	legislature that the provisions of this code shall be applied
	40	+	evenly, and the conduct of elections throughout this state shall be
	41	+	uniform and consistent.
44	42		SECTION 1.05. Section 1.003, Election Code, is amended by
45		-	adding Subsection (~~a-1~~) to read as follows:
46		-	(~~a-1~~) ~~A public official shall construe~~ the provisions of
47		-	~~this code strictly~~ to effect the intent of the legislature under
	43	+	adding Subsection (c) to read as follows:
	44	+	(c) The provisions of this code shall be strictly construed
	45	+	by a public official to effect the intent of the legislature under
48	46		Section 1.0015.
49	47		SECTION 1.06. Section 1.005, Election Code, is amended by
50	48		adding Subdivision (15-a) to read as follows:
51		-	(15-a) "Public official" means ~~any~~ person elected,
	49	+	(15-a) "Public official" means a person elected,
52	50		selected, appointed, employed, or otherwise designated as an
53	51		officer, employee, or agent of this state, a government agency, a
54	52		political subdivision, or any other public body established by
55	53		state law.
56		-	ARTICLE 2. REGISTRATION ~~OF VOTERS~~ AND CONDUCT OF ELECTIONS
	54	+	ARTICLE 2. REGISTRATION AND CONDUCT OF ELECTIONS
57	55		SECTION 2.01. Sections 16.001(a) and (b), Election Code,
58	56		are amended to read as follows:
59	57		(a) Each month the local registrar of deaths shall prepare
60	58		an abstract of each death certificate issued in the month for a
61	59		decedent 18 years of age or older who was a resident of the state at
62	60		the time of death. The local registrar of deaths shall file each
63	61		abstract with the voter registrar of the decedent's county of
64	62		residence and the secretary of state as soon as possible, but not
65		-	later than the ~~7th [~~10th] day after [of the month following the
	63	+	later than one [the 10th] day after [of the month following the
66	64		month in which] the abstract is prepared.
67	65		(b) Each month the clerk of each court having probate
68	66		jurisdiction shall prepare an abstract of each application for
69	67		probate of a will, administration of a decedent's estate, or
70	68		determination of heirship, and each affidavit under Chapter 205,
71	69		Estates Code, that is filed in the month with a court served by the
72	70		clerk. The clerk shall file each abstract with the voter registrar
73	71		and the secretary of state as soon as possible, but not later than
74		-	the ~~7th [~~10th] day after [of the month following the month in which]
	72	+	one [the 10th] day after [of the month following the month in which]
75	73		the abstract is prepared.
76		-	SECTION 2.02. Section 64.007(c), Election Code, is amended
77		-	to read as follows:
78		-	(c) An election officer shall maintain a register of spoiled
79		-	ballots at the polling place, including spoiled ballots from a
80		-	direct recording electronic voting unit. An election officer shall
81		-	enter on the register the name of each voter who returns a spoiled
82		-	ballot and the spoiled ballot's number.
	74	+	SECTION 2.02. Subchapter C, Chapter 125, Election Code, is
	75	+	amended by adding Section 125.0621 to read as follows:
	76	+	Sec. 125.0621. LOGS OF ISSUED AND SPOILED BALLOTS. If an
	77	+	electronic voting system uses paper media for recording votes cast,
	78	+	the election officer shall maintain a record of the serial numbers
	79	+	of all ballots issued at that polling place and the serial numbers
	80	+	of any spoiled ballots, if any. All logs maintained under this
	81	+	section are election records subject to public inspection as
	82	+	provided by Section 1.012.
83	83		ARTICLE 3. ELECTION OFFICERS AND OBSERVERS
84	84		SECTION 3.01. Section 32.075, Election Code, is amended by
85		-	adding Subsection (g) to read as follows:
	85	+	amending adding Subsection (g) to read as follows:
86	86		(g) A presiding judge may not:
87	87		(1) have a watcher appointed under Subchapter A,
88	88		Chapter 33, removed from the polling place; or
89	89		(2) require a watcher appointed under Subchapter A,
90	90		Chapter 33, to leave the polling place.
91		-	SECTION 3.02. Subchapter A, Chapter 33, Election Code, is
92		-	amended by adding Section 33.0015 to read as follows:
93		-	Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The
94		-	purpose of this chapter is to preserve the integrity of the ballot
95		-	box in accordance with Section 4, Article VI, Texas Constitution,
96		-	by providing for the appointment of watchers. To effect that
97		-	purpose, a watcher appointed under this chapter shall observe the
98		-	conduct of an election and call to the attention of an election
99		-	officer any observed or suspected irregularity or violation of law
100		-	in the conduct of the election.
101		-	SECTION 3.03. Section 33.051, Election Code, is amended by
	91	+	SECTION 3.02. Subchapter D, Chapter 32, Election Code, is
	92	+	amended by adding Section 32.077 to read as follows:
	93	+	Sec. 32.077. REMOVAL OF A POLL WATCHER FROM POLLING PLACE.
	94	+	A poll watcher may be removed from a polling place only if the poll
	95	+	watcher engages in activity that would constitute an offense
	96	+	related to election fraud, including an offense under Chapter 276.
	97	+	SECTION 3.03. Chapter 33, Election Code, is amended by
	98	+	adding Section 33.0015 to read as follows:
	99	+	Sec. 33.0015. PURPOSE. The purpose of this chapter is to
	100	+	preserve the purity of the ballot box in accordance with Section 4,
	101	+	Article VI, Texas Constitution, by providing for the appointment of
	102	+	watchers to observe the conduct of an election and call to the
	103	+	attention of an election officer potential irregularities or
	104	+	violations of law in the conduct of the election.
	105	+	SECTION 3.04. Section 33.051, Election Code, is amended by
102	106		adding Subsections (g) and (h) to read as follows:
103	107		(g) An election officer commits an offense if the officer
104	108		intentionally or knowingly refuses to accept a watcher for service
105	109		when acceptance of the watcher is required by this section.
106	110		(h) An offense under Subsection (g) is a Class B
107	111		misdemeanor.
108		-	SECTION 3.04. Section 33.056, Election Code, is amended by
109		-	adding Subsection (e) to read as follows:
110		-	(e) In this code, a watcher who is entitled to "observe" an
111		-	activity or procedure is entitled to sit or stand near enough to see
112		-	and hear the activity or procedure.
113	112		SECTION 3.05. Subchapter C, Chapter 33, Election Code, is
114	113		amended by adding Section 33.0605 to read as follows:
115	114		Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER.
116	115		A watcher appointed to serve at a polling place in an election may
117	116		observe the sealing and transfer of a memory card, flash drive, hard
118	117		drive, data storage device, or other medium now existing or later
119	118		developed used by the voting system equipment.
120		-	SECTION 3.06. Section 33.061(a), Election Code, is amended
	119	+	SECTION 3.06. The heading to Section 33.061, Election Code,
	120	+	is amended to read as follows:
	121	+	Sec. 33.061. UNLAWFULLY OBSTRUCTING OR REMOVING WATCHER.
	122	+	SECTION 3.07. Section 33.061(a), Election Code, is amended
121	123		to read as follows:
122	124		(a) A person commits an offense if the person serves in an
123	125		official capacity at a location at which the presence of watchers is
124	126		authorized and knowingly prevents a watcher from observing an
125		-	activity or procedure the watcher is entitled to observe, including
126		-	by taking any action to obstruct the view of a watcher or distance
127		-	the watcher from the activity or procedure to be observed in a
128		-	manner that would make observation not reasonably effective.
129		-	SECTION 3.07. Subchapter C, Chapter 33, Election Code, is
130		-	amended by adding Section 33.062 to read as follows:
131		-	Sec. 33.062. REMOVAL OF WATCHER FROM POLLING PLACE. The
132		-	presiding judge may remove a watcher from a polling place only if
133		-	the watcher engages in activity that would constitute an offense
134		-	related to the conduct of the election, including an offense under
135		-	Chapter 276.
	127	+	activity the watcher is entitled to observe, including by having a
	128	+	watcher removed from the polling place or requiring a watcher to
	129	+	leave the polling place, unless the watcher engages in activity
	130	+	that would constitute an offense related to election fraud,
	131	+	including an offense under Chapter 276.
136	132		SECTION 3.08. Section 61.001, Election Code, is amended by
137	133		amending Subsection (a) and adding Subsection (a-1) to read as
138	134		follows:
139	135		(a) Except as permitted by this code and as described by
140	136		Subsection (a-1), a person may not be in the polling place from the
141	137		time the presiding judge arrives there on election day to make the
142	138		preliminary arrangements until the precinct returns have been
143	139		certified and the election records have been assembled for
144	140		distribution following the election.
145	141		(a-1) Under this code, a person may be lawfully present in a
146	142		polling place during the time described by Subsection (a) if the
147	143		person is:
148	144		(1) an election judge or clerk;
149	145		(2) a watcher;
150	146		(3) the secretary of state;
151	147		(4) a staff member of the elections division of the
152		-	~~Office of the~~ Secretary of State performing an official duty in
153		-	~~accordance with~~ this code;
154		-	(5) an election official~~, a~~ sheriff, ~~or a staff member~~
155		-	~~of an election official or sheriff~~ delivering election supplies;
	148	+	secretary of state's office when performing an official duty
	149	+	authorized under this code;
	150	+	(5) a staff member of an election official or sheriff,
	151	+	only when delivering election supplies;
156	152		(6) a state inspector;
157	153		(7) a person admitted to vote;
158	154		(8) a child under 18 years of age who is accompanying a
159	155		parent who has been admitted to vote;
160	156		(9) a person providing assistance to a voter under
161	157		Section 61.032 or 64.032;
162		-	(10) a person accompanying a voter who has a
163		-	disability;
	158	+	(10) a person accompanying a disabled voter;
164	159		(11) a special peace officer appointed by the
165	160		presiding judge under Section 32.075;
166	161		(12) the county chair of a political party conducting
167	162		a primary election, as authorized by Section 172.1113;
168	163		(13) a voting system technician, as authorized by
169	164		Section 125.010;
170		-	(14) the county election officer, as defined by
171		-	Section 31.091, as necessary to perform tasks related to the
172		-	administration of the election; or
	165	+	(14) the county elections administrator only when
	166	+	performing an official duty authorized by this code;
173	167		(15) a person whose presence has been authorized by
174		-	the presiding judge and alternate presiding judge in accordance
	168	+	the presiding judge and the alternate presiding judge in accordance
175	169		with this code.
176		-	SECTION 3.09. Section 86.006~~(a-1)~~, Election Code, is
177		-	~~amended~~ to read as follows:
	170	+	SECTION 3.09. Section 86.006, Election Code, is amended by
	171	+	amending Subsection (a-1) to read as follows:
178	172		(a-1) The voter may deliver a marked ballot in person to the
179	173		early voting clerk's office only while the polls are open on
180	174		election day. A voter who delivers a marked ballot in person must
181	175		present an acceptable form of identification described by Section
182	176		63.0101. A poll watcher is entitled to observe the delivery of
183	177		ballots under this subsection. The poll watcher must be able to
184	178		determine how the ballots are being delivered and how election
185	179		officials are making decisions about the delivery of ballots, if
186	180		applicable. The poll watcher may not disrupt the process of
187	181		delivering ballots.
188	182		SECTION 3.10. Section 87.026, Election Code, is amended to
189	183		read as follows:
190	184		Sec. 87.026. BYSTANDERS EXCLUDED. (a) Except as permitted
191	185		by this code and as described by Subsection (b), a person may not be
192	186		in the meeting place of an early voting ballot board during the time
193	187		of the board's operations.
194	188		(b) Under this code, a person may be lawfully present in the
195	189		meeting place of an early voting ballot board during the time of the
196	190		board's operations if the person is:
197	191		(1) a presiding judge or member of the board;
198	192		(2) a watcher;
199	193		(3) a voting system technician, as authorized by
200	194		Section 125.010;
201		-	(4) the county election officer, as defined by Section
202		-	31.091, as necessary to perform tasks related to the administration
203		-	of the election; or
	195	+	(4) a county elections administrator only when
	196	+	performing an official duty authorized by this code; or
204	197		(5) a person whose presence has been authorized by the
205		-	presiding judge in accordance with this code.
	198	+	presiding judge and the alternate presiding judge in accordance
	199	+	with this code.
206	200		SECTION 3.11. Subchapter A, Chapter 127, Election Code, is
207	201		amended by adding Section 127.008 to read as follows:
208		-	Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted
209		-	by this code and as described by Subsection (b), a person may not be
210		-	in a central counting station while ballots are being counted.
	202	+	Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as
	203	+	permitted by this code and as described by Subsection (b), a person
	204	+	may not be in a central counting station while ballots are being
	205	+	counted.
211	206		(b) Under this code, a person may be lawfully present in the
212	207		central counting station while ballots are being counted if the
213	208		person is:
214	209		(1) a counting station manager, tabulation
215	210		supervisor, assistant to the tabulation supervisor, presiding
216	211		judge, or clerk;
217	212		(2) a watcher;
218	213		(3) a voting system technician, as authorized by
219	214		Section 125.010;
220		-	(4) the county election officer, as defined by Section
221		-	31.091, as necessary to perform tasks related to the administration
222		-	of the election; or
	215	+	(4) a county elections administrator only when
	216	+	performing an official duty authorized by this code; or
223	217		(5) a person whose presence has been authorized by the
224		-	presiding judge of the central counting station in accordance with
225		-	this code.
	218	+	counting station manager in accordance with this code.
226	219		ARTICLE 4. ASSISTANCE OF VOTERS
227	220		SECTION 4.01. Subchapter B, Chapter 64, Election Code, is
228	221		amended by adding Section 64.0322 to read as follows:
229	222		Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A
230	223		person, other than an election officer, who assists a voter in
231	224		accordance with this chapter is required to complete a form
232	225		stating:
233	226		(1) the name and address of the person assisting the
234	227		voter;
235	228		(2) the manner in which the person is assisting the
236	229		voter;
237	230		(3) the reason the assistance is necessary; and
238	231		(4) the relationship of the assistant to the voter.
239		-	(b) The secretary of state shall prescribe the form required
	232	+	(b) When submitting the form required by this section, a
	233	+	person must present an acceptable form of identification described
	234	+	by Section 63.0101.
	235	+	(c) The secretary of state shall prescribe the form required
240	236		by this section. The form must be incorporated into the official
241	237		carrier envelope if the voter is voting an early voting ballot by
242	238		mail and receives assistance under Section 86.010, or must be
243	239		submitted to an election officer at the time the voter casts a
244	240		ballot if the voter is voting at a polling place or under Section
245	241		64.009.
246	242		SECTION 4.02. Section 64.034, Election Code, is amended to
247	243		read as follows:
248	244		Sec. 64.034. OATH. A person selected to provide assistance
249	245		to a voter must take the following oath, administered by an election
250	246		officer at the polling place, before providing assistance:
251		-	"I swear (or affirm) under penalty of perjury that I will not
252		-	suggest, by word, sign, or gesture, how the voter should vote; I
253		-	will confine my assistance to answering the voter's questions, to
254		-	stating propositions on the ballot, and to naming candidates and,
255		-	if listed, their political parties; I will prepare the voter's
256		-	ballot as the voter directs; I did not pressure, encourage, coerce,
257		-	or intimidate the voter into choosing me to provide assistance; and
258		-	I am not the voter's employer, an agent of the voter's employer, or
259		-	an officer or agent of a labor union to which the voter belongs."
260		-	SECTION 4.03. Section 86.010, Election Code, is amended by
	247	+	"I swear (or affirm) that I will not suggest, by word, sign,
	248	+	or gesture, how the voter should vote; I will confine my assistance
	249	+	to answering the voter's questions, to stating propositions on the
	250	+	ballot, and to naming candidates and, if listed, their political
	251	+	parties; I will prepare the voter's ballot as the voter directs; I
	252	+	did not pressure or intimidate the voter into choosing me to provide
	253	+	assistance; and I am not the voter's employer, an agent of the
	254	+	voter's employer, or an officer or agent of a labor union to which
	255	+	the voter belongs."
	256	+	SECTION 4.03. Section 86.0052, Election Code, is amended to
	257	+	read as follows:
	258	+	Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION
	259	+	PROHIBITED. (a) A person commits an offense if the person:
	260	+	(1) compensates or offers to compensate another person
	261	+	for depositing the carrier envelope in the mail or with a common or
	262	+	contract carrier as provided by Section 86.0051(b)[, as part of any
	263	+	performance-based compensation scheme based on the number of
	264	+	ballots deposited or in which another person is presented with a
	265	+	quota of ballots to deposit as provided by Section 86.0051(b)]; or
	266	+	(2) [engages in another practice that causes another
	267	+	person's compensation from or employment status with the person to
	268	+	be dependent on the number of ballots deposited as provided by
	269	+	Section 86.0051(b); or
	270	+	[(3)] [with knowledge that accepting compensation for
	271	+	such activity is illegal,] solicits, receives, or accepts
	272	+	compensation for an activity described by Subdivision (1) [or (2)].
	273	+	(b) [Except as provided by Subsection (c), an offense under
	274	+	this section is a misdemeanor punishable by:
	275	+	(1) confinement in jail for a term of not more than one
	276	+	year or less than 30 days; or
	277	+	(2) confinement described by Subdivision (1) and a
	278	+	fine not to exceed $4,000.
	279	+	(c)] An offense under this section is a state jail felony if
	280	+	it is shown on the trial of an offense under this section that the
	281	+	defendant was previously convicted two or more times under this
	282	+	section.
	283	+	(c) [(d)] An officer, director, or other agent of an entity
	284	+	that commits an offense under this section is punishable for the
	285	+	offense.
	286	+	(d) [(e)] For purposes of this section, compensation means
	287	+	any form of monetary payment, goods, services, benefits, or
	288	+	promises or offers of employment, political favor, official act of
	289	+	discretion, or any other form of consideration offered to another
	290	+	person in exchange for depositing ballots.
	291	+	SECTION 4.04. Section 86.010, Election Code, is amended by
261	292		amending Subsections (e), (h), and (i) and adding Subsection (i-1)
262	293		to read as follows:
263	294		(e) A person who assists a voter to prepare a ballot to be
264	295		voted by mail shall enter on the official carrier envelope of the
265	296		voter:
266	297		(1) the person's signature, printed name, and
267	298		residence address;
268	299		(2) the manner of any assistance provided to the voter
269		-	by the person;
	300	+	by the person; and
270	301		(3) the relationship of the person providing the
271		-	assistance to the voter; and
272		-	(4) whether the person received or accepted any form
273		-	of compensation or other benefit from a candidate, campaign, or
274		-	political committee in exchange for providing assistance [on the
275		-	official carrier envelope of the voter].
	302	+	assistance to the voter [on the official carrier envelope of the
	303	+	voter].
276	304		(h) Subsection (f) does not apply to:
277	305		(1) a violation of Subsection (c), if the person is
278	306		related to the voter within the second degree by affinity or the
279	307		third degree by consanguinity, as determined under Subchapter B,
280	308		Chapter 573, Government Code, or was physically living in the same
281	309		dwelling as the voter at the time of the event; or
282	310		(2) a violation of Subsection (e), if the person is
283	311		related to the voter within the second degree by affinity or the
284	312		third degree by consanguinity, as determined under Subchapter B,
285	313		Chapter 573, Government Code.
286	314		(i) An offense under this section for a violation of
287	315		Subsection (c) is increased to the next higher category of offense
288	316		if it is shown on the trial of an offense under this section that:
289	317		(1) the defendant was previously convicted of an
290	318		offense under this code;
291	319		(2) the offense involved a voter 65 years of age or
292	320		older; or
293	321		(3) the defendant committed another offense under this
294	322		section in the same election.
295	323		(i-1) An offense under this section for a violation of
296	324		Subsection (e) is a felony of the third degree if it is shown on the
297	325		trial of the offense that the person committed an offense under
298	326		Section 64.036 for providing unlawful assistance to the same voter
299	327		in connection with the same ballot.
300		-	SECTION 4.04. Sections 86.0105(a), (c), and (e), Election
301		-	Code, are amended to read as follows:
302		-	(a) A person commits an offense if the person:
	328	+	SECTION 4.05. Section 86.0105, Election Code, is amended to
	329	+	read as follows:
	330	+	Sec. 86.0105. COMPENSATION FOR ASSISTING VOTERS
	331	+	PROHIBITED. (a) A person commits an offense if the person:
303	332		(1) compensates or offers to compensate another person
304	333		for assisting voters as provided by Section 86.010[, as part of any
305	334		performance-based compensation scheme based on the number of voters
306	335		assisted or in which another person is presented with a quota of
307	336		voters to be assisted as provided by Section 86.010]; or
308		-	(2) solicits, receives, or [engages in another
309		-	practice that causes another person's compensation from or
310		-	employment status with the person to be dependent on the number of
311		-	voters assisted as provided by Section 86.010; or
312		-	[(3) with knowledge that accepting compensation for
313		-	such activity is illegal,] accepts compensation for an activity
314		-	described by Subdivision (1) [or (2)].
315		-	(c) An offense under this section is a state jail felony [if
316		-	it is shown on the trial of an offense under this section that the
317		-	defendant was previously convicted two or more times under this
	337	+	(2) [engages in another practice that causes another
	338	+	person's compensation from or employment status with the person to
	339	+	be dependent on the number of voters assisted as provided by Section
	340	+	86.010; or
	341	+	[(3)] [with knowledge that accepting compensation for such
	342	+	activity is illegal,] solicits, receives, or accepts compensation
	343	+	for an activity described by Subdivision (1) [or (2)].
	344	+	(b) [Except as provided by Subsection (c), an offense under
	345	+	this section is a misdemeanor punishable by:
	346	+	(1) confinement in jail for a term of not more than one
	347	+	year or less than 30 days; or
	348	+	(2) confinement described by Subdivision (1) and a
	349	+	fine not to exceed $4,000.
	350	+	(c)] An offense under this section is a state jail felony
	351	+	[if it is shown on the trial of an offense under this section that
	352	+	the defendant was previously convicted two or more times under this
318	353		section].
319		-	(e) For purposes of this section, compensation means any
320		-	form of monetary payment, goods, services, benefits, or promises or
321		-	offers of employment, political favors, beneficial or favorable
322		-	discretionary official acts, or any other form of consideration
323		-	offered to another person in exchange for assisting voters.
324		-	SECTION 4.05. Section 86.013(b), Election Code, is amended
325		-	to read as follows:
	354	+	(c) [(d)] An officer, director, or other agent of an entity
	355	+	that commits an offense under this section is punishable for the
	356	+	offense.
	357	+	(d) [(e)] For purposes of this section, compensation means
	358	+	any form of monetary payment, goods, services, benefits, or
	359	+	promises or offers of employment, political favor, official act of
	360	+	discretion, or any other form of consideration offered to another
	361	+	person in exchange for assisting voters.
	362	+	SECTION 4.06. Section 86.013, Election Code, is amended by
	363	+	amending Subsection (b) to read as follows:
326	364		(b) Spaces must appear on the reverse side of the official
327	365		carrier envelope for:
328	366		(1) indicating the identity and date of the election;
329	367		[and]
330	368		(2) entering the signature, printed name, and
331	369		residence address of a person other than the voter who deposits the
332	370		carrier envelope in the mail or with a common or contract carrier;
333	371		and
334	372		(3) indicating the manner of any assistance provided
335	373		by a person assisting the voter, and the relationship of that person
336	374		to the voter.
337		-	ARTICLE 5. FRAUD AND ~~OTHER~~ UNLAWFUL PRACTICES
	375	+	ARTICLE 5. FRAUD AND UNLAWFUL PRACTICES
338	376		SECTION 5.01. Chapter 63, Election Code, is amended by
339	377		adding Section 63.0111 to read as follows:
340	378		Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a)
341	379		An election judge commits an offense if the judge knowingly
342	380		provides a voter with a form for an affidavit required by Section
343		-	63.001 if the form contains false information that was entered on
344		-	the form by the judge.
345		-	(b) An offense under this section is a state jail felony.
346		-	SECTION 5.02. Section 64.012, Election Code, is amended by
347		-	amending Subsection (a) and adding Subsection (c) to read as
348		-	follows:
	381	+	63.001 if the form contains false information entered thereon by
	382	+	the judge.
	383	+	(d) An offense under this section is a state jail felony.
	384	+	SECTION 5.02. Section 64.012(a), Election Code, is amended
	385	+	to read as follows:
349	386		(a) A person commits an offense if the person:
350	387		(1) votes or attempts to vote in an election in which
351	388		the person knows the person is not eligible to vote;
352	389		(2) knowingly votes or attempts to vote more than once
353	390		in an election;
354	391		(3) knowingly votes or attempts to vote a ballot
355	392		belonging to another person, or by impersonating another person;
356	393		[or]
357	394		(4) knowingly marks or attempts to mark any portion of
358	395		another person's ballot without the consent of that person, or
359	396		without specific direction from that person how to mark the ballot;
360	397		or
361	398		(5) knowingly votes or attempts to vote in an election
362		-	in this state after voting in another state in an election in which
363		-	a federal office appears on the ballot and the election day for both
364		-	states is the same day.
365		-	(c) If conduct that constitutes an offense under this
366		-	section also constitutes an offense under any other law, the actor
367		-	may be prosecuted under this section, the other law, or both.
368		-	SECTION 5.03. Sections 276.013(a) and (b), Election Code,
369		-	are amended to read as follows:
	399	+	in this state after voting in an election in another state that is
	400	+	held on the same day.
	401	+	SECTION 5.03. Sections 276.012, Election Code, is amended
	402	+	to read as follows:
	403	+	Sec. 276.012. ENGAGING IN ORGANIZED ELECTION FRAUD
	404	+	ACTIVITY. (a) A person commits an offense if, with the intent to
	405	+	establish, maintain, further, or participate in a vote harvesting
	406	+	organization, the person:
	407	+	(1) commits or conspires to commit one or more
	408	+	offenses under Titles 1 through 7;
	409	+	(2) directly or through a third party, provides or
	410	+	offers to provide vote harvesting services to a candidate for
	411	+	office in exchange for compensation or other benefit;
	412	+	(3) directly, or through a third party, offers or
	413	+	provides compensation or other benefit to another person in
	414	+	exchange for vote harvesting services; or
	415	+	(4) knowingly collects or possesses a mail ballot or
	416	+	official carrier envelope from a voter in connection with vote
	417	+	harvesting services.
	418	+	(b) An offense listed under Subsections (a)(2), (3), or (4)
	419	+	is a third degree felony. Except as provided by Subsection (c), an
	420	+	offense listed under Subsection (a)(1) is one category higher than
	421	+	the most serious offense listed in Subsection (a)(1) that is
	422	+	committed, and if the most serious offense is a Class A misdemeanor,
	423	+	the offense is a state jail felony. If conduct that constitutes an
	424	+	offense under this section also constitutes an offense under any
	425	+	other law, the actor may be prosecuted under this section, the other
	426	+	law, or both.
	427	+	(c) At the punishment stage of a trial, the defendant may
	428	+	raise the issue as to whether in voluntary and complete
	429	+	renunciation of the offense the defendant withdrew from the vote
	430	+	harvesting organization before commission of an offense listed in
	431	+	Subsection (a)(1) and made substantial effort to prevent the
	432	+	commission of the offense. If the defendant proves the issue in the
	433	+	affirmative by a preponderance of the evidence, the offense is the
	434	+	same category of offense as the most serious offense listed in
	435	+	Subsection (a)(1) that is committed.
	436	+	(d) In this section: [,]
	437	+	(1) "Benefit" has the meaning assigned by Section
	438	+	36.01(3), Penal Code.
	439	+	(2) "Vote [vote] harvesting organization" means three
	440	+	or more persons who collaborate in committing offenses under Titles
	441	+	1 through 7, although participants may not know each other's
	442	+	identity, membership in the organization may change from time to
	443	+	time, and participants may stand in a candidate-consultant,
	444	+	donor-consultant, consultant-field operative, or other arm's
	445	+	length relationship in the organization's operations; and
	446	+	(3) "Vote harvesting services" means personal
	447	+	services that include direct interaction with one or more voters in
	448	+	connection with an official ballot, ballot by mail, or an
	449	+	application for ballot by mail that are performed with the
	450	+	intention that ballot be cast for a specific candidate or measure.
	451	+	SECTION 5.04. Sections 276.013(a) and (b), Election Code,
	452	+	is amended to read as follows:
370	453		(a) A person commits an offense if the person knowingly or
371	454		intentionally makes any effort to:
372	455		(1) influence the independent exercise of the vote of
373		-	another in the presence of the ballot or during the voting process,
374		-	including by altering the ballot of another or by otherwise causing
375		-	a ballot to not reflect the intent of the voter;
	456	+	another in the presence of the ballot or during the voting process;
376	457		(2) cause a voter to become registered, a ballot to be
377	458		obtained, or a vote to be cast under false pretenses; [or]
378	459		(3) count invalid votes or alter a report to include
379	460		invalid votes;
380	461		(4) fail to count valid votes or alter a report to
381	462		exclude valid votes; or
382		-	~~(5)~~ [(3)] cause any intentionally misleading
	463	+	[(3)] (5) cause any intentionally misleading
383	464		statement, representation, or information to be provided:
384	465		(A) to an election official; or
385	466		(B) on an application for ballot by mail, carrier
386	467		envelope, or any other official election-related form or document.
387		-	(b) An offense under this section is a ~~state jail felony~~
388		-	[Class A misdemeanor].
389		-	SECTION 5.04. Chapter 276, Election Code, is amended by
390		-	adding Sections 276.014, 276.016, 276.017, ~~276.018,~~ and 276.~~019~~ to
	468	+	(b) An offense under this section is a felony of the second
	469	+	degree [Class A misdemeanor].
	470	+	SECTION 5.05. Chapter 276, Election Code, is amended by
	471	+	adding Sections 276.014, 276.015, 276.016, 276.017, and 276.018 to
391	472		read as follows:
392		-	Sec. 276.014. PAID VOTE HARVESTING. (a) In this section:
393		-	(1) "Benefit" means anything reasonably regarded as a
394		-	gain or advantage, including:
395		-	(A) a promise or offer of employment, a political
396		-	favor, or a favorable discretionary official act; and
397		-	(B) a benefit to any other person in whose
398		-	welfare the beneficiary has an interest.
399		-	(2) "Vote harvesting services" means direct
400		-	interaction with one or more voters in connection with an official
401		-	ballot, a ballot voted by mail, or an application for ballot by
402		-	mail, intended to deliver votes for a specific candidate or
403		-	measure.
404		-	(b) A person commits an offense if the person, directly or
405		-	through a third party, knowingly provides or offers to provide vote
406		-	harvesting services in exchange for compensation or other benefit.
407		-	(c) A person commits an offense if the person, directly or
408		-	through a third party, knowingly provides or offers to provide
409		-	compensation or other benefit to a person in exchange for vote
410		-	harvesting services.
411		-	(d) A person commits an offense if the person knowingly
412		-	collects or possesses a ballot voted by mail or official carrier
413		-	envelope from a voter in connection with vote harvesting services.
414		-	(e) This section does not apply to political speech or other
415		-	acts merely promoting a candidate or measure that do not involve
416		-	direct interaction with:
417		-	(1) an application for ballot by mail, in the presence
418		-	of the voter; or
419		-	(2) a voter's official ballot, ballot voted by mail, or
420		-	carrier envelope.
421		-	(f) In this section, compensation or other benefit in
422		-	exchange for vote harvesting services is inferred if a person who
423		-	performed the vote harvesting services for a candidate or campaign
424		-	solicits, receives, or is offered compensation from the candidate
425		-	or campaign, directly or through a third party, for services other
426		-	than the vote harvesting services provided.
427		-	(g) An offense under this section is a felony of the third
428		-	degree.
429		-	(h) If conduct that constitutes an offense under this
430		-	section also constitutes an offense under any other law, the actor
431		-	may be prosecuted under this section, the other law, or both.
432		-	Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF
433		-	APPLICATION TO VOTE BY MAIL. (a) A public official commits an
434		-	offense if the official, while acting in an official capacity,
435		-	knowingly:
436		-	(1) solicits the submission of an application to vote
437		-	by mail from a person who did not request an application;
438		-	(2) distributes an application to vote by mail to a
439		-	person who did not request the application unless the distribution
440		-	is expressly authorized by another provision of this code;
441		-	(3) authorizes or approves the expenditure of public
442		-	funds to facilitate third-party distribution of an application to
443		-	vote by mail to a person who did not request the application; or
	473	+	Sec. 276.015. UNLAWFUL SOLICITATION OR DISTRIBUTION OF
	474	+	APPLICATION TO VOTE BY MAIL. (a) This section applies to an
	475	+	application to vote by mail required under Section 84.001.
	476	+	(b) A public official commits an offense if the public
	477	+	official knowingly:
	478	+	(1) solicits the submission of an application by a
	479	+	person who did not request the application;
	480	+	(2) distributes an application to a person who did not
	481	+	request the application, unless the distribution is expressly
	482	+	authorized by another provision of this code;
	483	+	(3) authorizes the expenditure of public funds to
	484	+	facilitate third party distribution of an application to a person
	485	+	who did not request the application; or
444	486		(4) completes any portion of an application to vote by
445		-	mail and distributes the application to an applicant.
446		-	(b) An offense under this section is a state jail felony.
447		-	(c) It is an exception to the application of Subsection
448		-	(a)(2) that the public official engaged in the conduct described by
449		-	Subsection (a)(2) by providing access to an application to vote by
450		-	mail from a publicly accessible Internet website.
	487	+	mail and distributes the application to an applicant with intent
	488	+	that the applicant will submit the application on the applicant's
	489	+	behalf to the early voting clerk.
	490	+	(c) An offense under this section is a state jail felony.
451	491		(d) It is an exception to the application of Subsection
452		-	(a)(4) that the public official engaged in the conduct described by
453		-	Subsection (a)(4) while lawfully assisting the applicant under
454		-	Section 84.003.
455		-	Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS
456		-	AND BALLOTING MATERIALS. (a) The early voting clerk or other
457		-	election official commits an offense if the clerk or official
458		-	knowingly mails or otherwise provides an early voting ballot by
459		-	mail or other early voting by mail ballot materials to a person who
460		-	did not submit an application for a ballot to be voted by mail under
	492	+	(b)(4) that the public official lawfully assisted the applicant as
	493	+	authorized under Section 84.003.
	494	+	Sec. 276.016. UNLAWFUL DISTRIBUTION OF BALLOTS AND
	495	+	BALLOTING MATERIALS. (a) The early voting clerk or other election
	496	+	official may not knowingly mail or distribute a ballot or balloting
	497	+	materials for an early voting ballot to be voted by mail to a person
	498	+	other than the applicant who submitted the application required by
461	499		Section 84.001.
462		-	(b) An offense under this section is a state jail felony.
463		-	Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION
464		-	PROCEDURES. (a) A person commits an offense if the person makes a
465		-	false statement or swears to the truth of a false statement
466		-	previously made while making the oath described by Section 64.034.
467		-	(b) An offense under this section is a state jail felony.
468		-	Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A
469		-	public official may not alter, waive, or suspend an election
470		-	standard, practice, or procedure mandated by law or rule unless the
471		-	alteration, waiver, or suspension is expressly authorized by this
	500	+	(b) A person who violates this section commits an offense.
	501	+	An offense under this section is a state jail felony.
	502	+	Sec. 276.017. PERJURY IN CONNECTION WITH CERTAIN VOTING
	503	+	PROCEDURES. (a) A person commits an offense if, with intent to
	504	+	deceive and with knowledge of the statement's meaning, the person
	505	+	makes a false statement when making the oath described by Section
	506	+	64.034 or swears to the truth of a false statement previously made
	507	+	when making the oath described by Section 64.034.
	508	+	(b) An offense under this section is a Class A misdemeanor
	509	+	except that the punishment for an offense under this section is a
	510	+	state jail felony if it is shown on the trial of the offense that the
	511	+	person made a false statement under Subsection (a) three or more
	512	+	times in connection with a single election.
	513	+	Sec. 276.018. UNLAWFUL ALTERING OF ELECTION PROCEDURES.
	514	+	(a) A public official may not knowingly issue an order altering or
	515	+	suspending an election standard, practice, or procedure mandated by
	516	+	law or rule unless the alteration or suspension is expressly
	517	+	authorized under this code.
	518	+	(b) It is an exception to the application of this provision
	519	+	that a public official seeking to alter any voting standard,
	520	+	practice, or procedure in a manner not otherwise expressly
	521	+	authorized by the Election Code:
	522	+	(1) first requested approval of the proposed
	523	+	alteration from the secretary of state by submitting a written
	524	+	request for approval to the secretary of state; and
	525	+	(2) the secretary of state by written order approved
	526	+	the proposed alteration requested under Subdivision (1).
	527	+	(c) A public official who violates this section commits an
	528	+	offense. An offense under this section is a state jail felony.
	529	+	ARTICLE 6. ENFORCEMENT
	530	+	SECTION 6.01. Chapter 2, Code of Criminal Procedure, is
	531	+	amended by adding Section 2.075 to read as follows:
	532	+	Art. 2.075. ATTORNEY PRO TEM IN CERTAIN ELECTION CASES. (a)
	533	+	If an attorney for the state is presented with the requisite number
	534	+	of affidavits under Section 273.001, Election Code, on or after the
	535	+	60th day before the date of a regular or special election that
	536	+	allege criminal conduct that would constitute an offense under
	537	+	Chapter 276, Election Code, the attorney for the state shall
	538	+	determine if the investigation can be conducted expeditiously by
	539	+	the attorney or the attorney's staff so that a presentation of an
	540	+	information or indictment may be made in time to prevent ongoing or
	541	+	deter future criminal activity constituting an offense under
	542	+	Chapter 276, Election Code.
	543	+	(b) The attorney for the state shall make the determination
	544	+	required under Subsection (a) not later than the 48th hour after the
	545	+	affidavits are presented.
	546	+	(c) If the attorney for the state determines that an
	547	+	investigation cannot be completed expeditiously as provided by
	548	+	Subsection (a), the attorney shall notify the presiding judge of
	549	+	the court of criminal appeals not later than the 24th hour after the
	550	+	time of determination. A three-judge panel shall be appointed as
	551	+	provided under Subsection (d). The panel shall appoint, from any
	552	+	county or district, an attorney for the state to perform the duties
	553	+	of the office in connection with the investigation of the presented
	554	+	affidavits.
	555	+	(d) The presiding judge of the court of criminal appeals
	556	+	shall appoint a three-judge panel in the same manner and under the
	557	+	same conditions as the appointment by the chief justice of the
	558	+	supreme court of a three-judge panel under Chapter 22A, Government
472	559		Code.
473		-	ARTICLE 6. ENFORCEMENT
474		-	SECTION 6.01. Subchapter C, Chapter 22, Government Code, is
475		-	amended by adding Section 22.2235 to read as follows:
476		-	Sec. 22.2235. COURT SITTING IN PANELS FOR CERTAIN ELECTION
477		-	PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public
478		-	official" has the meaning assigned by Section 1.005(15-a), Election
479		-	Code.
480		-	(b) Notwithstanding any other law or rule, a court
481		-	proceeding entitled to priority under Section 22.304 and filed in a
482		-	court of appeals shall be docketed by the clerk of the court and
483		-	assigned to a panel of three justices determined using an automated
484		-	assignment system.
485		-	(c) A person, including a public official, commits an
486		-	offense if the person communicates with a court clerk with the
487		-	intention of influencing or attempting to influence the composition
488		-	of a three-justice panel assigned a specific proceeding under this
489		-	section.
490		-	(d) An offense under this section is a state jail felony.
491		-	SECTION 6.02. Subchapter D, Chapter 22, Government Code, is
492		-	amended by adding Section 22.304 to read as follows:
493		-	Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)
494		-	The supreme court or a court of appeals shall prioritize over any
495		-	other proceeding pending or filed in the court a proceeding for
496		-	injunctive relief under Chapter 273, Election Code, based on
497		-	alleged conduct constituting an offense under Chapter 276, Election
498		-	Code, pending or filed in the court on or after the 60th day before a
499		-	general or special election.
500		-	(b) The court with jurisdiction over a proceeding described
501		-	by Subsection (a), on request of any party to the proceeding, shall
502		-	grant the party the opportunity to present an oral argument and
503		-	begin hearing the argument as soon as practicable but not later than
504		-	24 hours after the time the last brief for the proceeding is due to
505		-	be filed with the court.
506		-	(c) Oral argument for a proceeding described by Subsection
507		-	(a) may be given in person or through electronic means.
508		-	SECTION 6.03. Section 23.101, Government Code, is amended
509		-	by amending Subsection (a) and adding Subsections (b-1) and (b-2)
	560	+	(b) An attorney pro tem appointed under this article is
	561	+	subject to the limitations in Article 2.07(b).
	562	+	(c) In this article, "attorney for the state" has the
	563	+	meaning assigned by Article 2.07(d).
	564	+	SECTION 6.02. Subchapter A, Chapter 22, Government Code, is
	565	+	amended by adding Section 22.0015 to read as follows:
	566	+	Sec. 22.0015. PRIORITY OF APPEALS IN CERTAIN ELECTION
	567	+	CASES. Beginning on the 60th day before the date of a regular or
	568	+	special election, the supreme court must give absolute preference
	569	+	to a matter that is related to a request for injunctive relief under
	570	+	Section 273.081, Election Code, that is prompted by an allegation
	571	+	of activity that would constitute an offense under Chapter 276,
	572	+	Election Code. After assignment of the matter under Section
	573	+	22.222(b), the supreme court shall promptly hear the appeal, by
	574	+	electronic means or otherwise, after the clerk of the court
	575	+	receives a written request for oral argument. The supreme court
	576	+	must hear an appeal under this section not later than the 24th hour
	577	+	after the time the last brief permitted to be filed in the appeal is
	578	+	filed.
	579	+	SECTION 6.03. Chapter 22, Government Code, is amended by
	580	+	adding Section 22.2205 to read as follows:
	581	+	Sec. 22.2205. PRIORITY OF APPEALS IN CERTAIN ELECTION
	582	+	CASES. Beginning on the 60th day before the date of a regular or
	583	+	special election, a court of appeals must give absolute preference
	584	+	to a matter that is related to a request for injunctive relief under
	585	+	Section 273.081, Election Code, that is prompted by an allegation
	586	+	of activity that would constitute an offense under Chapter 276,
	587	+	Election Code. After assignment of the matter under Section
	588	+	22.222(b), the court of appeals shall promptly hear the appeal, by
	589	+	electronic means or otherwise, after the clerk of the court
	590	+	receives a written request for oral argument. A court of appeals
	591	+	shall hear an appeal under this section not later than the 24th hour
	592	+	after the time the last brief permitted to be filed in the appeal is
	593	+	filed.
	594	+	SECTION 6.04. Section 22.222, Government Code, is amended
	595	+	by amending Subsection (b) and adding Subsections (a-1) and (b-1)
510	596		to read as follows:
511		-	(a) Except as provided by Subsection (b-1), the [The] trial
512		-	courts of this state shall regularly and frequently set hearings
513		-	and trials of pending matters, giving preference to hearings and
514		-	trials of the following:
515		-	(1) temporary injunctions;
516		-	(2) criminal actions, with the following actions given
517		-	preference over other criminal actions:
518		-	(A) criminal actions against defendants who are
519		-	detained in jail pending trial;
520		-	(B) criminal actions involving a charge that a
521		-	person committed an act of family violence, as defined by Section
522		-	71.004, Family Code;
523		-	(C) an offense under:
524		-	(i) Section 21.02 or 21.11, Penal Code;
525		-	(ii) Chapter 22, Penal Code, if the victim
526		-	of the alleged offense is younger than 17 years of age;
527		-	(iii) Section 25.02, Penal Code, if the
528		-	victim of the alleged offense is younger than 17 years of age;
529		-	(iv) Section 25.06, Penal Code;
530		-	(v) Section 43.25, Penal Code; or
531		-	(vi) Section 20A.02(a)(7), 20A.02(a)(8),
532		-	or 20A.03, Penal Code;
533		-	(D) an offense described by Article 62.001(6)(C)
534		-	or (D), Code of Criminal Procedure; and
535		-	(E) criminal actions against persons who are
536		-	detained as provided by Section 51.12, Family Code, after transfer
537		-	for prosecution in criminal court under Section 54.02, Family Code;
538		-	(3) election contests and suits under the Election
539		-	Code;
540		-	(4) orders for the protection of the family under
541		-	Subtitle B, Title 4, Family Code;
542		-	(5) appeals of final rulings and decisions of the
543		-	division of workers' compensation of the Texas Department of
544		-	Insurance regarding workers' compensation claims and claims under
545		-	the Federal Employers' Liability Act and the Jones Act;
546		-	(6) appeals of final orders of the commissioner of the
547		-	General Land Office under Section 51.3021, Natural Resources Code;
548		-	(7) actions in which the claimant has been diagnosed
549		-	with malignant mesothelioma, other malignant asbestos-related
550		-	cancer, malignant silica-related cancer, or acute silicosis; and
551		-	(8) appeals brought under Section 42.01 or 42.015, Tax
552		-	Code, of orders of appraisal review boards of appraisal districts
553		-	established for counties with a population of less than 175,000.
554		-	(b-1) The trial courts of this state shall prioritize over
555		-	any other proceeding pending or filed in the court a proceeding for
556		-	injunctive relief under Chapter 273, Election Code, based on
557		-	alleged conduct constituting an offense under Chapter 276, Election
558		-	Code, pending or filed in the court on or after the 60th day before a
559		-	general or special election.
560		-	(b-2) The court on written request of any party to a case set
561		-	under Section 23.301 shall hold a hearing on a proceeding described
562		-	by Subsection (b-1). A hearing under this subsection shall begin as
563		-	soon as practicable but not later than 24 hours after the court
564		-	receives the hearing request. The hearing may be held in person or
565		-	through electronic means.
566		-	SECTION 6.04. Chapter 23, Government Code, is amended by
567		-	adding Subchapter D to read as follows:
568		-	SUBCHAPTER D. GENERAL PROVISIONS
569		-	Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;
570		-	CRIMINAL OFFENSE. (a) In this section, "public official" has the
571		-	meaning assigned by Section 1.005(15-a), Election Code.
572		-	(b) Notwithstanding any other law or rule, the clerk of a
573		-	district court in which a proceeding entitled to priority under
574		-	Section 23.101(b-1) is filed shall docket the proceeding and, if
575		-	more than one district court in the county has jurisdiction over the
576		-	proceeding, randomly assign the proceeding to a district court
577		-	using an automated assignment system.
578		-	(c) Notwithstanding any other law or rule, the clerk of a
579		-	county court or statutory county court in which a proceeding
580		-	entitled to priority under Section 23.101(b-1) is filed shall
581		-	docket the proceeding and, if more than one court in the county has
582		-	jurisdiction over the proceeding, randomly assign the proceeding to
583		-	a court using an automated assignment system.
584		-	(d) A person, including a public official, commits an
585		-	offense if the person communicates with a county or district clerk
586		-	with the intention of influencing or attempting to influence the
587		-	court or judge assigned to a proceeding under this section.
588		-	(e) An offense under this section is a state jail felony.
589		-	ARTICLE 7. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE
590		-	SECTION 7.01. The following provisions of the Election Code
591		-	are repealed:
592		-	(1) Section 86.0052(b); and
593		-	(2) Section 86.0105(b).
594		-	SECTION 7.02. If any provision of this Act or its
595		-	application to any person or circumstance is held invalid, the
596		-	invalidity does not affect other provisions or applications of this
597		-	Act that can be given effect without the invalid provision or
598		-	application, and to this end the provisions of this Act are declared
599		-	to be severable.
600		-	SECTION 7.03. The changes in law made by this Act apply only
601		-	to an offense committed on or after the effective date of this Act.
602		-	An offense committed before the effective date of this Act is
603		-	governed by the law in effect when the offense was committed, and
604		-	the former law is continued in effect for that purpose. For
	597	+	(b) If more than one panel is used, the court of appeals
	598	+	shall establish rules to periodically rotate the justices among the
	599	+	panels. Permanent civil panels and criminal panels without rotation
	600	+	may not be established. Notwithstanding any other law, including a
	601	+	rule adopted under Sec. 22.004 or a local rule of administration,
	602	+	all cases entitled to priority treatment under Section 23.101(b-1)
	603	+	in the courts of appeals shall be docketed by the clerk of the court
	604	+	and assigned by the clerk to a panel of three judges assigned using
	605	+	an automated system.
	606	+	(b-1) It is an offense for any person, including a public
	607	+	official, to communicate with a clerk of the court in an attempt to
	608	+	influence the assignment of or withhold the assignment of a justice
	609	+	identified by name or political party to a panel hearing an appeal.
	610	+	An offense under this subsection is a state jail felony. As used in
	611	+	the section, the term "public official" has the meaning assigned by
	612	+	Section 1.005(15-a), Election Code.
	613	+	SECTION 6.05. Section 23.101, Government Code, is amended
	614	+	by amending Subsection (b) and adding Subsection (b-1) read as
	615	+	follows
	616	+	(b) Insofar as practicable, and except as provided by
	617	+	Subsection (b-1), the trial courts shall observe the preference
	618	+	provided by Subsection (a) in ruling on, hearing, and trying the
	619	+	matters pending before the courts.
	620	+	(b-1) Beginning on the 60th day before the date of a regular
	621	+	or special election, a trial court must give absolute preference to
	622	+	a matter under Subsection (a)(1) that is a request for injunctive
	623	+	relief under Section 273.081, Election Code, that is prompted by an
	624	+	allegation of activity that would constitute an offense under
	625	+	Chapter 276, Election Code. After assignment of the matter under
	626	+	Section 24.035, the trial court shall promptly conduct a hearing,
	627	+	by electronic means or otherwise, after the judge receives a
	628	+	written hearing request. A trial court must hear a matter under
	629	+	this subsection not later than the 24th hour after the time the
	630	+	hearing request was received.
	631	+	SECTION 6.06. Chapter 24, Government Code, is amended by
	632	+	adding Section 24.035 to read as follows:
	633	+	Sec. 24.035. ASSIGNMENT OF CASES IN DISTRICT COURTS IN
	634	+	CERTAIN ELECTION CASES. (a) Notwithstanding any other law to the
	635	+	contrary, including a rule adopted under Sec. 22.004 or a local
	636	+	rule of administration, all cases entitled to priority treatment
	637	+	under Section 23.101(b-1) in the district courts of a county shall
	638	+	be docketed and assigned at random by the district clerk using an
	639	+	automated system.
	640	+	(b) In assigning a case to a district court, the district
	641	+	clerk shall take into consideration any requirement in law that a
	642	+	district court in that county give preference to specific matters.
	643	+	(c) If a county court has concurrent jurisdiction with a
	644	+	district court over cases entitled to priority treatment under
	645	+	Section 23.101(b-1), the county clerk shall perform the duties of
	646	+	the district clerk under Subsections (a) and (b).
	647	+	(d) It is an offense for a person, including a public
	648	+	official, to communicate with a district or county clerk in an
	649	+	attempt to influence the assignment of cases or withhold the
	650	+	assignment of cases to a judge identified by name or political
	651	+	party. An offense under this subsection is a state jail felony. As
	652	+	used in the section, the term "public official" has the meaning
	653	+	assigned by Section 1.005(15-a), Election Code.
	654	+	ARTICLE 7. TRANSITION; EFFECTIVE DATE
	655	+	SECTION 7.01. The change in law made by this Act applies
	656	+	only to an offense committed on or after the effective date of this
	657	+	Act. An offense committed before the effective date of this Act is
	658	+	governed by the law in effect on the date the offense was committed,
	659	+	and the former law is continued in effect for that purpose. For
605	660		purposes of this section, an offense was committed before the
606	661		effective date of this Act if any element of the offense occurred
607	662		before that date.
608		-	SECTION 7.04. This Act takes effect September 1, 2021.
	663	+	SECTION 7.02. This Act takes effect September 1, 2021.