Texas 2023 88th Regular

Texas Senate Bill SB1935 Introduced / Bill

Filed 03/08/2023

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                    88R10142 TSS-D
 By: Bettencourt S.B. No. 1935


 A BILL TO BE ENTITLED
 AN ACT
 relating to requiring counties to cooperate with the secretary of
 state in randomized election audits; providing an administrative
 penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 127.351(c), Election Code, is amended to
 read as follows:
 (c)  Except as provided by Section 127.352, a [A] county
 selected to be audited may not be required to pay the cost of
 performing an audit under this section.
 SECTION 2.  Subchapter J, Chapter 127, Election Code, is
 amended by adding Section 127.352 to read as follows:
 Sec. 127.352.  COOPERATION BY COUNTY. (a) The secretary of
 state may request that a county selected under Section 127.351
 provide to the secretary of state as necessary to complete an audit
 under this subchapter:
 (1)  records or other documents in the possession of
 the county; and
 (2)  the assistance of county employees.
 (b)  A county selected under Section 127.351 shall comply
 with a request made under Subsection (a) not later than the 14th day
 after the request is made.
 (c)  The secretary of state may assess an administrative
 penalty of not more than $500 per day for each day following the
 14th day after a request under Subsection (a) is made that the
 county fails or refuses to comply with the request.
 SECTION 3.  The changes in law made by this Act apply only to
 an audit initiated under Subchapter J, Chapter 127, Election Code,
 as amended by this Act, on or after the effective date of this Act.
 An audit initiated before the effective date of this Act is governed
 by the law in effect immediately before the effective date of this
 Act, and that law is continued in effect for that purpose.
 SECTION 4.  This Act takes effect September 1, 2023.