87S20226 TSS-F
By: Jetton H.B. No. 188
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
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 and provide the results
of the audit to the registrar; or
(3) for a third or subsequent violation, if the
secretary of state determines that the registrar has not performed
any overt actions in pursuance of compliance with the actions
identified under Subsection (b)(2) as necessary for the registrar
to achieve compliance with state law and rules adopted by the
secretary of state within 14 days of receiving the results of the
audit conducted under that subsection, 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 of the
results of the audit conducted under Subsection (b)(2) that the
county's voter registrar fails to take overt action to comply with
the actions identified under that subsection as necessary for the
registrar to achieve compliance with state law and rules adopted by
the secretary of state. 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 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. 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 3. This Act takes effect on the 91st day after the
last day of the legislative session.