By: Creighton, et al. S.B. No. 1508
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the election integrity division in
the office of the attorney general.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 273, Election Code, is
amended by adding Section 273.0025 to read as follows:
Sec. 273.0025. REQUEST FOR RECORDS. (a) An election
official or political subdivision shall promptly provide access to
election records requested by a law enforcement officer or
prosecutor in connection with an investigation under this
subchapter.
(b) Notwithstanding any other provision of this code,
copies of records and information provided pursuant to Subsection
(a) or another section of this code shall be provided in an
unredacted format and shall, upon request, be certified by the
official providing the records.
(c) A request made under this section is not a public
information request under Chapter 552, Government Code, and the
records and information provided under this section are
confidential. The original election records in the custody of an
election official or political subdivision remain subject to
existing law, but must be retained pending the final outcome of any
investigation and resulting litigation, including appeal.
SECTION 2. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.0385 to read as follows:
Sec. 402.0385. ELECTION INTEGRITY DIVISION. (a) The
office of the attorney general shall establish an election
integrity division to safeguard the integrity of elections, ensure
public confidence in the electoral process, and investigate and
prosecute election fraud offenses under the laws of this state.
(b) The election integrity division shall, using available
funds or any funds appropriated to the division, investigate and
prosecute, when appropriate, credible complaints of election fraud
pursuant to authority granted under Chapter 273, Election Code.
(c) A law enforcement agency in this state shall assist the
election integrity division in an investigation conducted under
this section as requested by the division.
SECTION 3. This Act takes effect September 1, 2021.