| 1 | | - | By: Creighton, et al. S.B. No. 1508 |
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| 1 | + | By: Creighton S.B. No. 1508 |
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| 2 | + | (In the Senate - Filed March 11, 2021; March 24, 2021, read |
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| 3 | + | first time and referred to Committee on State Affairs; |
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| 4 | + | April 21, 2021, reported adversely, with favorable Committee |
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| 5 | + | Substitute by the following vote: Yeas 6, Nays 3; April 21, 2021, |
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| 6 | + | sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1508 By: Lucio |
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| 2 | 9 | | |
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| 3 | 10 | | |
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| 4 | 11 | | A BILL TO BE ENTITLED |
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| 5 | 12 | | AN ACT |
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| 6 | 13 | | relating to the establishment of the election integrity division in |
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| 7 | 14 | | the office of the attorney general. |
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| 8 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 16 | | SECTION 1. Subchapter A, Chapter 273, Election Code, is |
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| 10 | 17 | | amended by adding Section 273.0025 to read as follows: |
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| 11 | 18 | | Sec. 273.0025. REQUEST FOR RECORDS. (a) An election |
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| 12 | 19 | | official or political subdivision shall promptly provide access to |
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| 13 | 20 | | election records requested by a law enforcement officer or |
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| 14 | 21 | | prosecutor in connection with an investigation under this |
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| 15 | 22 | | subchapter. |
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| 16 | 23 | | (b) Notwithstanding any other provision of this code, |
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| 17 | 24 | | copies of records and information provided pursuant to Subsection |
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| 18 | 25 | | (a) or another section of this code shall be provided in an |
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| 19 | 26 | | unredacted format and shall, upon request, be certified by the |
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| 20 | 27 | | official providing the records. |
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| 21 | 28 | | (c) A request made under this section is not a public |
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| 22 | 29 | | information request under Chapter 552, Government Code, and the |
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| 23 | 30 | | records and information provided under this section are |
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| 24 | 31 | | confidential. The original election records in the custody of an |
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| 25 | 32 | | election official or political subdivision remain subject to |
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| 26 | 33 | | existing law, but must be retained pending the final outcome of any |
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| 27 | 34 | | investigation and resulting litigation, including appeal. |
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| 28 | 35 | | SECTION 2. Subchapter B, Chapter 402, Government Code, is |
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| 29 | 36 | | amended by adding Section 402.0385 to read as follows: |
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| 30 | 37 | | Sec. 402.0385. ELECTION INTEGRITY DIVISION. (a) The |
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| 31 | 38 | | office of the attorney general shall establish an election |
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| 32 | 39 | | integrity division to safeguard the integrity of elections, ensure |
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| 33 | 40 | | public confidence in the electoral process, and investigate and |
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| 34 | 41 | | prosecute election fraud offenses under the laws of this state. |
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| 35 | 42 | | (b) The election integrity division shall, using available |
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| 36 | 43 | | funds or any funds appropriated to the division, investigate and |
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| 37 | 44 | | prosecute, when appropriate, credible complaints of election fraud |
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| 38 | 45 | | pursuant to authority granted under Chapter 273, Election Code. |
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| 39 | 46 | | (c) A law enforcement agency in this state shall assist the |
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| 40 | 47 | | election integrity division in an investigation conducted under |
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| 41 | 48 | | this section as requested by the division. |
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| 42 | 49 | | SECTION 3. This Act takes effect September 1, 2021. |
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