By: Toth H.B. No. 4727
A BILL TO BE ENTITLED
AN ACT
relating to unlawful altering of election procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 276.019, Election Code, is amended to
read as follows: (a) A public official or election official may
not create, alter, modify, waive, or suspend any election standard,
practice, or procedure mandated by law or rule in a manner not
expressly authorized by this code.
(b) If, after receiving or discovering information
indicating that a public official or election official has violated
this section, the Secretary of State shall order that person to
correct the offending conduct through written notice that includes
a description of the violation and an explanation of the action
necessary for compliance and of the consequences of noncompliance.
(c) If a person described by Subsection (b) fails to comply
with an order from the Secretary of State under this section within
the second day following, the Secretary of State shall:
(1) Inform the Attorney General that the official may
be subject to a civil penalty under subsection (d); and
(2) deliver to the Attorney General all pertinent
documents and information in the secretary's possession.
(3) The documents and information submitted under
Subsection (c) are not considered public information until:
(A) the Secretary of State makes a determination
that the information received does not warrant an investigation; or
(B) if referred to the Attorney General, the
Attorney General has completed the investigation or has made a
determination that the information referred does not warrant an
investigation.
(d) A person is liable to this state for a civil penalty of
$1,000 for each day after the second day following the receipt of
the written notice that the public official or election official
fails to take affirmative action to comply with the corrective
actions identified by the Secretary of State. The Attorney General
may bring an action to recover a civil penalty imposed under this
section.
(d-1) The civil penalty referenced in Subsection(d) shall
increase to $5,000 for each day following the 7th day that the
public official or election official fails to take affirmative
action to comply with the corrective actions identified by the
Secretary of State.
(e) The attorney general may bring an action to recover a
civil penalty imposed under this section.
(f) 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.
SECTION 2. This Act takes effect September 1, 2023.