87R9718 SLB-D
By: Hall S.B. No. 1612
A BILL TO BE ENTITLED
AN ACT
relating to certain suits involving elections and the
confidentiality of certain communications with voting systems
vendors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 121, Election Code, is amended by adding
Section 121.004 to read as follows:
Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR
PUBLIC INFORMATION. Notwithstanding any other law, including
Chapter 552, Government Code, a written letter, e-mail, or other
communication, including a communication made confidential by
other law, between a public official and a voting systems vendor:
(1) is not confidential;
(2) is public information for purposes of Chapter 552,
Government Code; and
(3) is not subject to an exception to disclosure
provided by Chapter 552, Government Code.
SECTION 2. The heading to Subchapter D, Chapter 273,
Election Code, is amended to read as follows:
SUBCHAPTER D. MANDAMUS [BY APPELLATE COURT]
SECTION 3. Section 273.061, Election Code, is amended to
read as follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a
court of appeals may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the
holding of a statewide [an] election, an election for the office of
state senator or state representative, or a political party
convention, regardless of whether the person responsible for
performing the duty is a public officer.
(b) A district court may issue a writ of mandamus to compel
the performance of any duty imposed by law in connection with the
holding of an election by a municipality, county, or other
political subdivision.
SECTION 4. Subchapter D, Chapter 273, Election Code, is
amended by adding Section 273.064 to read as follows:
Sec. 273.064. VENUE IN DISTRICT COURT. (a) A petition to a
district court for a writ of mandamus under this subchapter must be
filed in a district court in Travis County or in the county in which
the election was held or is to be held.
(b) For an election held or to be held by a political
subdivision other than a municipality or county, a petition filed
under this section may be filed in Travis County or in any county
that contains a portion of the territory of the political
subdivision.
SECTION 5. Subchapter A, Chapter 22, Government Code, is
amended by adding Section 22.023 to read as follows:
Sec. 22.023. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
ELECTIONS. The supreme court shall give preference to a hearing or
trial related to the conduct of an election.
SECTION 6. Subchapter C, Chapter 22, Government Code, is
amended by adding Section 22.229 to read as follows:
Sec. 22.229. PREFERENCE FOR HEARINGS OR TRIALS RELATED TO
ELECTIONS. A court of appeals shall give preference to a hearing or
trial related to the conduct of an election.
SECTION 7. Section 23.101, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) The trial courts of this state shall give preference to
a hearing or trial related to the conduct of an election, above the
preference described by Subsection (a).
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.