Texas 2021 - 87th Regular

Texas Senate Bill SB1612 Compare Versions

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11 87R9718 SLB-D
22 By: Hall S.B. No. 1612
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to certain suits involving elections and the
88 confidentiality of certain communications with voting systems
99 vendors.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 121, Election Code, is amended by adding
1212 Section 121.004 to read as follows:
1313 Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
1414 PUBLIC INFORMATION. Notwithstanding any other law, including
1515 Chapter 552, Government Code, a written letter, e-mail, or other
1616 communication, including a communication made confidential by
1717 other law, between a public official and a voting systems vendor:
1818 (1) is not confidential;
1919 (2) is public information for purposes of Chapter 552,
2020 Government Code; and
2121 (3) is not subject to an exception to disclosure
2222 provided by Chapter 552, Government Code.
2323 SECTION 2. The heading to Subchapter D, Chapter 273,
2424 Election Code, is amended to read as follows:
2525 SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT]
2626 SECTION 3. Section 273.061, Election Code, is amended to
2727 read as follows:
2828 Sec. 273.061. JURISDICTION. (a) The supreme court or a
2929 court of appeals may issue a writ of mandamus to compel the
3030 performance of any duty imposed by law in connection with the
3131 holding of a statewide [an] election, an election for the office of
3232 state senator or state representative, or a political party
3333 convention, regardless of whether the person responsible for
3434 performing the duty is a public officer.
3535 (b) A district court may issue a writ of mandamus to compel
3636 the performance of any duty imposed by law in connection with the
3737 holding of an election by a municipality, county, or other
3838 political subdivision.
3939 SECTION 4. Subchapter D, Chapter 273, Election Code, is
4040 amended by adding Section 273.064 to read as follows:
4141 Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a
4242 district court for a writ of mandamus under this subchapter must be
4343 filed in a district court in Travis County or in the county in which
4444 the election was held or is to be held.
4545 (b) For an election held or to be held by a political
4646 subdivision other than a municipality or county, a petition filed
4747 under this section may be filed in Travis County or in any county
4848 that contains a portion of the territory of the political
4949 subdivision.
5050 SECTION 5. Subchapter A, Chapter 22, Government Code, is
5151 amended by adding Section 22.023 to read as follows:
5252 Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
5353 ELECTIONS. The supreme court shall give preference to a hearing or
5454 trial related to the conduct of an election.
5555 SECTION 6. Subchapter C, Chapter 22, Government Code, is
5656 amended by adding Section 22.229 to read as follows:
5757 Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
5858 ELECTIONS. A court of appeals shall give preference to a hearing or
5959 trial related to the conduct of an election.
6060 SECTION 7. Section 23.101, Government Code, is amended by
6161 adding Subsection (e) to read as follows:
6262 (e) The trial courts of this state shall give preference to
6363 a hearing or trial related to the conduct of an election, above the
6464 preference described by Subsection (a).
6565 SECTION 8. This Act takes effect immediately if it receives
6666 a vote of two-thirds of all the members elected to each house, as
6767 provided by Section 39, Article III, Texas Constitution. If this
6868 Act does not receive the vote necessary for immediate effect, this
6969 Act takes effect September 1, 2021.