By: Jetton H.B. No. 225
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement by the secretary of state of certain
voter roll maintenance provisions; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.017 to read as follows:
Sec. 31.017. ENFORCEMENT OF VOTER ROLL MAINTENANCE
PROVISIONS. (a) The secretary of state shall monitor each voter
registrar for compliance with the following provisions and with any
rules implementing the following provisions:
(1) Subchapter D, Chapter 15;
(2) Subchapters A and B, Chapter 16; and
(3) Subchapter C, Chapter 18.
(b) If the secretary of state determines that a voter
registrar has failed to comply with a requirement imposed on the
clerk or registrar by a provision listed in Subsection (a), the
secretary of state shall:
(1) for the first violation, require the registrar to
attend a training course developed under Subsection (e);
(2) for the second violation, audit the voter
registration list for the county in which the registrar serves to
determine the actions needed to achieve compliance with state law
and rules adopted by the secretary of state; or
(3) for a third or subsequent violation, if the
secretary of state determines that a voter registrar has not
performed any overt actions in pursuance of compliance with the
provisions identified under Subsection (b)(2) within 14 days, the
secretary of state shall:
(A) inform the attorney general that the county
which the registrar serves may be subject to a civil penalty under
Subsection (c).
(c) A county is liable to this state for a civil penalty of
$1,000 for each day after the 14th day following the receipt from
the Secretary of State of specific actions needed as identified in
subsection (2) that the county's voter registrar fails to take
overt action to comply with provisions identified under that
subsection. The attorney general may bring an action to recover a
civil penalty imposed under this section.
(d) A civil penalty collected by the attorney general under
this section shall be deposited in the state treasury to the credit
of the general revenue fund.
(e) The secretary of state shall develop and implement a
training course for court clerks and registrars on the maintenance
of voter rolls required and permitted by law.
(f) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
SECTION 2. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before the
effective date of this Act.
SECTION 3. Not later than January 1, 2022, the secretary of
state shall develop the training course required by Section 31.017,
Election Code, as added by this Act.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.