1 | 1 | | 87R9718 SLB-D |
---|
2 | 2 | | By: Hall S.B. No. 1612 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to certain suits involving elections and the |
---|
8 | 8 | | confidentiality of certain communications with voting systems |
---|
9 | 9 | | vendors. |
---|
10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
11 | 11 | | SECTION 1. Chapter 121, Election Code, is amended by adding |
---|
12 | 12 | | Section 121.004 to read as follows: |
---|
13 | 13 | | Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR |
---|
14 | 14 | | PUBLIC INFORMATION. Notwithstanding any other law, including |
---|
15 | 15 | | Chapter 552, Government Code, a written letter, e-mail, or other |
---|
16 | 16 | | communication, including a communication made confidential by |
---|
17 | 17 | | other law, between a public official and a voting systems vendor: |
---|
18 | 18 | | (1) is not confidential; |
---|
19 | 19 | | (2) is public information for purposes of Chapter 552, |
---|
20 | 20 | | Government Code; and |
---|
21 | 21 | | (3) is not subject to an exception to disclosure |
---|
22 | 22 | | provided by Chapter 552, Government Code. |
---|
23 | 23 | | SECTION 2. The heading to Subchapter D, Chapter 273, |
---|
24 | 24 | | Election Code, is amended to read as follows: |
---|
25 | 25 | | SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT] |
---|
26 | 26 | | SECTION 3. Section 273.061, Election Code, is amended to |
---|
27 | 27 | | read as follows: |
---|
28 | 28 | | Sec. 273.061. JURISDICTION. (a) The supreme court or a |
---|
29 | 29 | | court of appeals may issue a writ of mandamus to compel the |
---|
30 | 30 | | performance of any duty imposed by law in connection with the |
---|
31 | 31 | | holding of a statewide [an] election, an election for the office of |
---|
32 | 32 | | state senator or state representative, or a political party |
---|
33 | 33 | | convention, regardless of whether the person responsible for |
---|
34 | 34 | | performing the duty is a public officer. |
---|
35 | 35 | | (b) A district court may issue a writ of mandamus to compel |
---|
36 | 36 | | the performance of any duty imposed by law in connection with the |
---|
37 | 37 | | holding of an election by a municipality, county, or other |
---|
38 | 38 | | political subdivision. |
---|
39 | 39 | | SECTION 4. Subchapter D, Chapter 273, Election Code, is |
---|
40 | 40 | | amended by adding Section 273.064 to read as follows: |
---|
41 | 41 | | Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a |
---|
42 | 42 | | district court for a writ of mandamus under this subchapter must be |
---|
43 | 43 | | filed in a district court in Travis County or in the county in which |
---|
44 | 44 | | the election was held or is to be held. |
---|
45 | 45 | | (b) For an election held or to be held by a political |
---|
46 | 46 | | subdivision other than a municipality or county, a petition filed |
---|
47 | 47 | | under this section may be filed in Travis County or in any county |
---|
48 | 48 | | that contains a portion of the territory of the political |
---|
49 | 49 | | subdivision. |
---|
50 | 50 | | SECTION 5. Subchapter A, Chapter 22, Government Code, is |
---|
51 | 51 | | amended by adding Section 22.023 to read as follows: |
---|
52 | 52 | | Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
---|
53 | 53 | | ELECTIONS. The supreme court shall give preference to a hearing or |
---|
54 | 54 | | trial related to the conduct of an election. |
---|
55 | 55 | | SECTION 6. Subchapter C, Chapter 22, Government Code, is |
---|
56 | 56 | | amended by adding Section 22.229 to read as follows: |
---|
57 | 57 | | Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO |
---|
58 | 58 | | ELECTIONS. A court of appeals shall give preference to a hearing or |
---|
59 | 59 | | trial related to the conduct of an election. |
---|
60 | 60 | | SECTION 7. Section 23.101, Government Code, is amended by |
---|
61 | 61 | | adding Subsection (e) to read as follows: |
---|
62 | 62 | | (e) The trial courts of this state shall give preference to |
---|
63 | 63 | | a hearing or trial related to the conduct of an election, above the |
---|
64 | 64 | | preference described by Subsection (a). |
---|
65 | 65 | | SECTION 8. This Act takes effect immediately if it receives |
---|
66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
---|
67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
---|
69 | 69 | | Act takes effect September 1, 2021. |
---|