| 1 | 1 | | 88R10142 TSS-D |
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| 2 | 2 | | By: Bettencourt S.B. No. 1935 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring counties to cooperate with the secretary of |
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| 8 | 8 | | state in randomized election audits; providing an administrative |
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| 9 | 9 | | penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 127.351(c), Election Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) Except as provided by Section 127.352, a [A] county |
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| 14 | 14 | | selected to be audited may not be required to pay the cost of |
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| 15 | 15 | | performing an audit under this section. |
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| 16 | 16 | | SECTION 2. Subchapter J, Chapter 127, Election Code, is |
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| 17 | 17 | | amended by adding Section 127.352 to read as follows: |
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| 18 | 18 | | Sec. 127.352. COOPERATION BY COUNTY. (a) The secretary of |
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| 19 | 19 | | state may request that a county selected under Section 127.351 |
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| 20 | 20 | | provide to the secretary of state as necessary to complete an audit |
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| 21 | 21 | | under this subchapter: |
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| 22 | 22 | | (1) records or other documents in the possession of |
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| 23 | 23 | | the county; and |
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| 24 | 24 | | (2) the assistance of county employees. |
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| 25 | 25 | | (b) A county selected under Section 127.351 shall comply |
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| 26 | 26 | | with a request made under Subsection (a) not later than the 14th day |
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| 27 | 27 | | after the request is made. |
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| 28 | 28 | | (c) The secretary of state may assess an administrative |
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| 29 | 29 | | penalty of not more than $500 per day for each day following the |
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| 30 | 30 | | 14th day after a request under Subsection (a) is made that the |
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| 31 | 31 | | county fails or refuses to comply with the request. |
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| 32 | 32 | | SECTION 3. The changes in law made by this Act apply only to |
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| 33 | 33 | | an audit initiated under Subchapter J, Chapter 127, Election Code, |
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| 34 | 34 | | as amended by this Act, on or after the effective date of this Act. |
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| 35 | 35 | | An audit initiated before the effective date of this Act is governed |
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| 36 | 36 | | by the law in effect immediately before the effective date of this |
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| 37 | 37 | | Act, and that law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2023. |
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