Bill Text: TX SB7 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
Spectrum: Partisan Bill (Republican 85-0)
Status: (Engrossed - Dead) 2021-05-30 - Point of order overruled Rule 13, Section 9(a)(2) [SB7 Detail]
Download: Texas-2021-SB7-Comm_Sub.html
87R18640 TSS-D | ||
By: Hughes, et al. | S.B. No. 7 | |
(Cain, Schofield, Jetton, Klick, Oliverson) | ||
Substitute the following for S.B. No. 7: No. |
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relating to election integrity and security, including by | ||
preventing fraud in the conduct of elections in this state; | ||
increasing criminal penalties; creating criminal offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GENERAL PROVISIONS | ||
SECTION 1.01. SHORT TITLE. This Act may be cited as the | ||
Election Integrity Protection Act of 2021. | ||
SECTION 1.02. PURPOSE. The purpose of this Act is to | ||
exercise the legislature's constitutional authority under Section | ||
4, Article VI, Texas Constitution, to make all laws necessary to | ||
detect and punish fraud and preserve the purity of the ballot box. | ||
SECTION 1.03. FINDINGS. The legislature finds that: | ||
(1) full, free, and fair elections are the | ||
underpinnings of a stable constitutional democracy; | ||
(2) fraud in elections threatens the stability of a | ||
constitutional democracy by undermining public confidence in the | ||
legitimacy of public officers chosen by election; | ||
(3) reforms are needed to the election laws of this | ||
state to ensure that fraud does not undermine the public confidence | ||
in the electoral process; | ||
(4) Section 4, Article VI, Texas Constitution, | ||
entrusts the enactment of laws to combat fraud in the electoral | ||
process to the sound discretion of the legislature; and | ||
(5) the reforms to the election laws of this state made | ||
by this Act are not intended to impair the right of free suffrage | ||
guaranteed to the people of Texas by the United States and Texas | ||
Constitutions, but are enacted solely to prevent fraud in the | ||
electoral process. | ||
SECTION 1.04. Chapter 1, Election Code, is amended by | ||
adding Section 1.0015 to read as follows: | ||
Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the | ||
legislature that the application of this code and the conduct of | ||
elections shall be uniform and consistent throughout this state to | ||
reduce the likelihood of fraud in the conduct of elections. | ||
SECTION 1.05. Section 1.003, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A public official shall construe the provisions of | ||
this code strictly to effect the intent of the legislature under | ||
Section 1.0015. | ||
SECTION 1.06. Section 1.005, Election Code, is amended by | ||
adding Subdivision (15-a) to read as follows: | ||
(15-a) "Public official" means any person elected, | ||
selected, appointed, employed, or otherwise designated as an | ||
officer, employee, or agent of this state, a government agency, a | ||
political subdivision, or any other public body established by | ||
state law. | ||
ARTICLE 2. REGISTRATION OF VOTERS AND CONDUCT OF ELECTIONS | ||
SECTION 2.01. Sections 16.001(a) and (b), Election Code, | ||
are amended to read as follows: | ||
(a) Each month the local registrar of deaths shall prepare | ||
an abstract of each death certificate issued in the month for a | ||
decedent 18 years of age or older who was a resident of the state at | ||
the time of death. The local registrar of deaths shall file each | ||
abstract with the voter registrar of the decedent's county of | ||
residence and the secretary of state as soon as possible, but not | ||
later than the 7th [ |
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(b) Each month the clerk of each court having probate | ||
jurisdiction shall prepare an abstract of each application for | ||
probate of a will, administration of a decedent's estate, or | ||
determination of heirship, and each affidavit under Chapter 205, | ||
Estates Code, that is filed in the month with a court served by the | ||
clerk. The clerk shall file each abstract with the voter registrar | ||
and the secretary of state as soon as possible, but not later than | ||
the 7th [ |
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the abstract is prepared. | ||
SECTION 2.02. Section 64.007(c), Election Code, is amended | ||
to read as follows: | ||
(c) An election officer shall maintain a register of spoiled | ||
ballots at the polling place, including spoiled ballots from a | ||
direct recording electronic voting unit. An election officer shall | ||
enter on the register the name of each voter who returns a spoiled | ||
ballot and the spoiled ballot's number. | ||
ARTICLE 3. ELECTION OFFICERS AND OBSERVERS | ||
SECTION 3.01. Section 32.075, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) A presiding judge may not: | ||
(1) have a watcher appointed under Subchapter A, | ||
Chapter 33, removed from the polling place; or | ||
(2) require a watcher appointed under Subchapter A, | ||
Chapter 33, to leave the polling place. | ||
SECTION 3.02. Subchapter A, Chapter 33, Election Code, is | ||
amended by adding Section 33.0015 to read as follows: | ||
Sec. 33.0015. CHAPTER PURPOSE AND WATCHER DUTY. The | ||
purpose of this chapter is to preserve the integrity of the ballot | ||
box in accordance with Section 4, Article VI, Texas Constitution, | ||
by providing for the appointment of watchers. To effect that | ||
purpose, a watcher appointed under this chapter shall observe the | ||
conduct of an election and call to the attention of an election | ||
officer any observed or suspected irregularity or violation of law | ||
in the conduct of the election. | ||
SECTION 3.03. Section 33.051, Election Code, is amended by | ||
adding Subsections (g) and (h) to read as follows: | ||
(g) An election officer commits an offense if the officer | ||
intentionally or knowingly refuses to accept a watcher for service | ||
when acceptance of the watcher is required by this section. | ||
(h) An offense under Subsection (g) is a Class B | ||
misdemeanor. | ||
SECTION 3.04. Section 33.056, Election Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) In this code, a watcher who is entitled to "observe" an | ||
activity or procedure is entitled to sit or stand near enough to see | ||
and hear the activity or procedure. | ||
SECTION 3.05. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.0605 to read as follows: | ||
Sec. 33.0605. OBSERVING DATA STORAGE SEALING AND TRANSFER. | ||
A watcher appointed to serve at a polling place in an election may | ||
observe the sealing and transfer of a memory card, flash drive, hard | ||
drive, data storage device, or other medium now existing or later | ||
developed used by the voting system equipment. | ||
SECTION 3.06. Section 33.061(a), Election Code, is amended | ||
to read as follows: | ||
(a) A person commits an offense if the person serves in an | ||
official capacity at a location at which the presence of watchers is | ||
authorized and knowingly prevents a watcher from observing an | ||
activity or procedure the watcher is entitled to observe, including | ||
by taking any action to obstruct the view of a watcher or distance | ||
the watcher from the activity or procedure to be observed in a | ||
manner that would make observation not reasonably effective. | ||
SECTION 3.07. Subchapter C, Chapter 33, Election Code, is | ||
amended by adding Section 33.062 to read as follows: | ||
Sec. 33.062. REMOVAL OF WATCHER FROM POLLING PLACE. The | ||
presiding judge may remove a watcher from a polling place only if | ||
the watcher engages in activity that would constitute an offense | ||
related to the conduct of the election, including an offense under | ||
Chapter 276. | ||
SECTION 3.08. Section 61.001, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Except as permitted by this code and as described by | ||
Subsection (a-1), a person may not be in the polling place from the | ||
time the presiding judge arrives there on election day to make the | ||
preliminary arrangements until the precinct returns have been | ||
certified and the election records have been assembled for | ||
distribution following the election. | ||
(a-1) Under this code, a person may be lawfully present in a | ||
polling place during the time described by Subsection (a) if the | ||
person is: | ||
(1) an election judge or clerk; | ||
(2) a watcher; | ||
(3) the secretary of state; | ||
(4) a staff member of the Elections Division of the | ||
Office of the Secretary of State performing an official duty in | ||
accordance with this code; | ||
(5) an election official, a sheriff, or a staff member | ||
of an election official or sheriff delivering election supplies; | ||
(6) a state inspector; | ||
(7) a person admitted to vote; | ||
(8) a child under 18 years of age who is accompanying a | ||
parent who has been admitted to vote; | ||
(9) a person providing assistance to a voter under | ||
Section 61.032 or 64.032; | ||
(10) a person accompanying a voter who has a | ||
disability; | ||
(11) a special peace officer appointed by the | ||
presiding judge under Section 32.075; | ||
(12) the county chair of a political party conducting | ||
a primary election, as authorized by Section 172.1113; | ||
(13) a voting system technician, as authorized by | ||
Section 125.010; | ||
(14) the county election officer, as defined by | ||
Section 31.091, as necessary to perform tasks related to the | ||
administration of the election; or | ||
(15) a person whose presence has been authorized by | ||
the presiding judge and alternate presiding judge in accordance | ||
with this code. | ||
SECTION 3.09. Section 86.006(a-1), Election Code, is | ||
amended to read as follows: | ||
(a-1) The voter may deliver a marked ballot in person to the | ||
early voting clerk's office only while the polls are open on | ||
election day. A voter who delivers a marked ballot in person must | ||
present an acceptable form of identification described by Section | ||
63.0101. A poll watcher is entitled to observe the delivery of | ||
ballots under this subsection. The poll watcher must be able to | ||
determine how the ballots are being delivered and how election | ||
officials are making decisions about the delivery of ballots, if | ||
applicable. The poll watcher may not disrupt the process of | ||
delivering ballots. | ||
SECTION 3.10. Section 87.026, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.026. BYSTANDERS EXCLUDED. (a) Except as permitted | ||
by this code and as described by Subsection (b), a person may not be | ||
in the meeting place of an early voting ballot board during the time | ||
of the board's operations. | ||
(b) Under this code, a person may be lawfully present in the | ||
meeting place of an early voting ballot board during the time of the | ||
board's operations if the person is: | ||
(1) a presiding judge or member of the board; | ||
(2) a watcher; | ||
(3) a voting system technician, as authorized by | ||
Section 125.010; | ||
(4) the county election officer, as defined by Section | ||
31.091, as necessary to perform tasks related to the administration | ||
of the election; or | ||
(5) a person whose presence has been authorized by the | ||
presiding judge in accordance with this code. | ||
SECTION 3.11. Subchapter A, Chapter 127, Election Code, is | ||
amended by adding Section 127.008 to read as follows: | ||
Sec. 127.008. BYSTANDERS EXCLUDED. (a) Except as permitted | ||
by this code and as described by Subsection (b), a person may not be | ||
in a central counting station while ballots are being counted. | ||
(b) Under this code, a person may be lawfully present in the | ||
central counting station while ballots are being counted if the | ||
person is: | ||
(1) a counting station manager, tabulation | ||
supervisor, assistant to the tabulation supervisor, presiding | ||
judge, or clerk; | ||
(2) a watcher; | ||
(3) a voting system technician, as authorized by | ||
Section 125.010; | ||
(4) the county election officer, as defined by Section | ||
31.091, as necessary to perform tasks related to the administration | ||
of the election; or | ||
(5) a person whose presence has been authorized by the | ||
presiding judge of the central counting station in accordance with | ||
this code. | ||
ARTICLE 4. ASSISTANCE OF VOTERS | ||
SECTION 4.01. Subchapter B, Chapter 64, Election Code, is | ||
amended by adding Section 64.0322 to read as follows: | ||
Sec. 64.0322. SUBMISSION OF FORM BY ASSISTANT. (a) A | ||
person, other than an election officer, who assists a voter in | ||
accordance with this chapter is required to complete a form | ||
stating: | ||
(1) the name and address of the person assisting the | ||
voter; | ||
(2) the manner in which the person is assisting the | ||
voter; | ||
(3) the reason the assistance is necessary; and | ||
(4) the relationship of the assistant to the voter. | ||
(b) The secretary of state shall prescribe the form required | ||
by this section. The form must be incorporated into the official | ||
carrier envelope if the voter is voting an early voting ballot by | ||
mail and receives assistance under Section 86.010, or must be | ||
submitted to an election officer at the time the voter casts a | ||
ballot if the voter is voting at a polling place or under Section | ||
64.009. | ||
SECTION 4.02. Section 64.034, Election Code, is amended to | ||
read as follows: | ||
Sec. 64.034. OATH. A person selected to provide assistance | ||
to a voter must take the following oath, administered by an election | ||
officer at the polling place, before providing assistance: | ||
"I swear (or affirm) under penalty of perjury that I will not | ||
suggest, by word, sign, or gesture, how the voter should vote; I | ||
will confine my assistance to answering the voter's questions, to | ||
stating propositions on the ballot, and to naming candidates and, | ||
if listed, their political parties; I will prepare the voter's | ||
ballot as the voter directs; I did not pressure, encourage, coerce, | ||
or intimidate the voter into choosing me to provide assistance; and | ||
I am not the voter's employer, an agent of the voter's employer, or | ||
an officer or agent of a labor union to which the voter belongs." | ||
SECTION 4.03. Section 86.010, Election Code, is amended by | ||
amending Subsections (e), (h), and (i) and adding Subsection (i-1) | ||
to read as follows: | ||
(e) A person who assists a voter to prepare a ballot to be | ||
voted by mail shall enter on the official carrier envelope of the | ||
voter: | ||
(1) the person's signature, printed name, and | ||
residence address; | ||
(2) the manner of any assistance provided to the voter | ||
by the person; | ||
(3) the relationship of the person providing the | ||
assistance to the voter; and | ||
(4) whether the person received or accepted any form | ||
of compensation or other benefit from a candidate, campaign, or | ||
political committee in exchange for providing assistance [ |
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(h) Subsection (f) does not apply to: | ||
(1) a violation of Subsection (c), if the person is | ||
related to the voter within the second degree by affinity or the | ||
third degree by consanguinity, as determined under Subchapter B, | ||
Chapter 573, Government Code, or was physically living in the same | ||
dwelling as the voter at the time of the event; or | ||
(2) a violation of Subsection (e), if the person is | ||
related to the voter within the second degree by affinity or the | ||
third degree by consanguinity, as determined under Subchapter B, | ||
Chapter 573, Government Code. | ||
(i) An offense under this section for a violation of | ||
Subsection (c) is increased to the next higher category of offense | ||
if it is shown on the trial of an offense under this section that: | ||
(1) the defendant was previously convicted of an | ||
offense under this code; | ||
(2) the offense involved a voter 65 years of age or | ||
older; or | ||
(3) the defendant committed another offense under this | ||
section in the same election. | ||
(i-1) An offense under this section for a violation of | ||
Subsection (e) is a felony of the third degree if it is shown on the | ||
trial of the offense that the person committed an offense under | ||
Section 64.036 for providing unlawful assistance to the same voter | ||
in connection with the same ballot. | ||
SECTION 4.04. Sections 86.0105(a), (c), and (e), Election | ||
Code, are amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) compensates or offers to compensate another person | ||
for assisting voters as provided by Section 86.010[ |
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(2) solicits, receives, or [ |
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[ |
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described by Subdivision (1) [ |
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(c) An offense under this section is a state jail felony [ |
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(e) For purposes of this section, compensation means any | ||
form of monetary payment, goods, services, benefits, or promises or | ||
offers of employment, political favors, beneficial or favorable | ||
discretionary official acts, or any other form of consideration | ||
offered to another person in exchange for assisting voters. | ||
SECTION 4.05. Section 86.013(b), Election Code, is amended | ||
to read as follows: | ||
(b) Spaces must appear on the reverse side of the official | ||
carrier envelope for: | ||
(1) indicating the identity and date of the election; | ||
[ |
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(2) entering the signature, printed name, and | ||
residence address of a person other than the voter who deposits the | ||
carrier envelope in the mail or with a common or contract carrier; | ||
and | ||
(3) indicating the manner of any assistance provided | ||
by a person assisting the voter, and the relationship of that person | ||
to the voter. | ||
ARTICLE 5. FRAUD AND OTHER UNLAWFUL PRACTICES | ||
SECTION 5.01. Chapter 63, Election Code, is amended by | ||
adding Section 63.0111 to read as follows: | ||
Sec. 63.0111. OFFENSES RELATED TO PROVISIONAL VOTING. (a) | ||
An election judge commits an offense if the judge knowingly | ||
provides a voter with a form for an affidavit required by Section | ||
63.001 if the form contains false information that was entered on | ||
the form by the judge. | ||
(b) An offense under this section is a state jail felony. | ||
SECTION 5.02. Section 64.012, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (c) to read as | ||
follows: | ||
(a) A person commits an offense if the person: | ||
(1) votes or attempts to vote in an election in which | ||
the person knows the person is not eligible to vote; | ||
(2) knowingly votes or attempts to vote more than once | ||
in an election; | ||
(3) knowingly votes or attempts to vote a ballot | ||
belonging to another person, or by impersonating another person; | ||
[ |
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(4) knowingly marks or attempts to mark any portion of | ||
another person's ballot without the consent of that person, or | ||
without specific direction from that person how to mark the ballot; | ||
or | ||
(5) knowingly votes or attempts to vote in an election | ||
in this state after voting in another state in an election in which | ||
a federal office appears on the ballot and the election day for both | ||
states is the same day. | ||
(c) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
SECTION 5.03. Sections 276.013(a) and (b), Election Code, | ||
are amended to read as follows: | ||
(a) A person commits an offense if the person knowingly or | ||
intentionally makes any effort to: | ||
(1) influence the independent exercise of the vote of | ||
another in the presence of the ballot or during the voting process, | ||
including by altering the ballot of another or by otherwise causing | ||
a ballot to not reflect the intent of the voter; | ||
(2) cause a voter to become registered, a ballot to be | ||
obtained, or a vote to be cast under false pretenses; [ |
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(3) count invalid votes or alter a report to include | ||
invalid votes; | ||
(4) fail to count valid votes or alter a report to | ||
exclude valid votes; or | ||
(5) [ |
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statement, representation, or information to be provided: | ||
(A) to an election official; or | ||
(B) on an application for ballot by mail, carrier | ||
envelope, or any other official election-related form or document. | ||
(b) An offense under this section is a state jail felony | ||
[ |
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SECTION 5.04. Chapter 276, Election Code, is amended by | ||
adding Sections 276.014, 276.016, 276.017, 276.018, and 276.019 to | ||
read as follows: | ||
Sec. 276.014. PAID VOTE HARVESTING. (a) In this section: | ||
(1) "Benefit" means anything reasonably regarded as a | ||
gain or advantage, including: | ||
(A) a promise or offer of employment, a political | ||
favor, or a favorable discretionary official act; and | ||
(B) a benefit to any other person in whose | ||
welfare the beneficiary has an interest. | ||
(2) "Vote harvesting services" means direct | ||
interaction with one or more voters in connection with an official | ||
ballot, a ballot voted by mail, or an application for ballot by | ||
mail, intended to deliver votes for a specific candidate or | ||
measure. | ||
(b) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide vote | ||
harvesting services in exchange for compensation or other benefit. | ||
(c) A person commits an offense if the person, directly or | ||
through a third party, knowingly provides or offers to provide | ||
compensation or other benefit to a person in exchange for vote | ||
harvesting services. | ||
(d) A person commits an offense if the person knowingly | ||
collects or possesses a ballot voted by mail or official carrier | ||
envelope from a voter in connection with vote harvesting services. | ||
(e) This section does not apply to political speech or other | ||
acts merely promoting a candidate or measure that do not involve | ||
direct interaction with: | ||
(1) an application for ballot by mail, in the presence | ||
of the voter; or | ||
(2) a voter's official ballot, ballot voted by mail, or | ||
carrier envelope. | ||
(f) In this section, compensation or other benefit in | ||
exchange for vote harvesting services is inferred if a person who | ||
performed the vote harvesting services for a candidate or campaign | ||
solicits, receives, or is offered compensation from the candidate | ||
or campaign, directly or through a third party, for services other | ||
than the vote harvesting services provided. | ||
(g) An offense under this section is a felony of the third | ||
degree. | ||
(h) If conduct that constitutes an offense under this | ||
section also constitutes an offense under any other law, the actor | ||
may be prosecuted under this section, the other law, or both. | ||
Sec. 276.016. UNLAWFUL SOLICITATION AND DISTRIBUTION OF | ||
APPLICATION TO VOTE BY MAIL. (a) A public official commits an | ||
offense if the official, while acting in an official capacity, | ||
knowingly: | ||
(1) solicits the submission of an application to vote | ||
by mail from a person who did not request an application; | ||
(2) distributes an application to vote by mail to a | ||
person who did not request the application unless the distribution | ||
is expressly authorized by another provision of this code; | ||
(3) authorizes or approves the expenditure of public | ||
funds to facilitate third-party distribution of an application to | ||
vote by mail to a person who did not request the application; or | ||
(4) completes any portion of an application to vote by | ||
mail and distributes the application to an applicant. | ||
(b) An offense under this section is a state jail felony. | ||
(c) It is an exception to the application of Subsection | ||
(a)(2) that the public official engaged in the conduct described by | ||
Subsection (a)(2) by providing access to an application to vote by | ||
mail from a publicly accessible Internet website. | ||
(d) It is an exception to the application of Subsection | ||
(a)(4) that the public official engaged in the conduct described by | ||
Subsection (a)(4) while lawfully assisting the applicant under | ||
Section 84.003. | ||
Sec. 276.017. UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS | ||
AND BALLOTING MATERIALS. (a) The early voting clerk or other | ||
election official commits an offense if the clerk or official | ||
knowingly mails or otherwise provides an early voting ballot by | ||
mail or other early voting by mail ballot materials to a person who | ||
did not submit an application for a ballot to be voted by mail under | ||
Section 84.001. | ||
(b) An offense under this section is a state jail felony. | ||
Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION | ||
PROCEDURES. (a) A person commits an offense if the person makes a | ||
false statement or swears to the truth of a false statement | ||
previously made while making the oath described by Section 64.034. | ||
(b) An offense under this section is a state jail felony. | ||
Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES. A | ||
public official may not alter, waive, or suspend an election | ||
standard, practice, or procedure mandated by law or rule unless the | ||
alteration, waiver, or suspension is expressly authorized by this | ||
code. | ||
ARTICLE 6. ENFORCEMENT | ||
SECTION 6.01. Subchapter C, Chapter 22, Government Code, is | ||
amended by adding Section 22.2235 to read as follows: | ||
Sec. 22.2235. COURT SITTING IN PANELS FOR CERTAIN ELECTION | ||
PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public | ||
official" has the meaning assigned by Section 1.005(15-a), Election | ||
Code. | ||
(b) Notwithstanding any other law or rule, a court | ||
proceeding entitled to priority under Section 22.304 and filed in a | ||
court of appeals shall be docketed by the clerk of the court and | ||
assigned to a panel of three justices determined using an automated | ||
assignment system. | ||
(c) A person, including a public official, commits an | ||
offense if the person communicates with a court clerk with the | ||
intention of influencing or attempting to influence the composition | ||
of a three-justice panel assigned a specific proceeding under this | ||
section. | ||
(d) An offense under this section is a state jail felony. | ||
SECTION 6.02. Subchapter D, Chapter 22, Government Code, is | ||
amended by adding Section 22.304 to read as follows: | ||
Sec. 22.304. PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a) | ||
The supreme court or a court of appeals shall prioritize over any | ||
other proceeding pending or filed in the court a proceeding for | ||
injunctive relief under Chapter 273, Election Code, based on | ||
alleged conduct constituting an offense under Chapter 276, Election | ||
Code, pending or filed in the court on or after the 60th day before a | ||
general or special election. | ||
(b) The court with jurisdiction over a proceeding described | ||
by Subsection (a), on request of any party to the proceeding, shall | ||
grant the party the opportunity to present an oral argument and | ||
begin hearing the argument as soon as practicable but not later than | ||
24 hours after the time the last brief for the proceeding is due to | ||
be filed with the court. | ||
(c) Oral argument for a proceeding described by Subsection | ||
(a) may be given in person or through electronic means. | ||
SECTION 6.03. Section 23.101, Government Code, is amended | ||
by amending Subsection (a) and adding Subsections (b-1) and (b-2) | ||
to read as follows: | ||
(a) Except as provided by Subsection (b-1), the [ |
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courts of this state shall regularly and frequently set hearings | ||
and trials of pending matters, giving preference to hearings and | ||
trials of the following: | ||
(1) temporary injunctions; | ||
(2) criminal actions, with the following actions given | ||
preference over other criminal actions: | ||
(A) criminal actions against defendants who are | ||
detained in jail pending trial; | ||
(B) criminal actions involving a charge that a | ||
person committed an act of family violence, as defined by Section | ||
71.004, Family Code; | ||
(C) an offense under: | ||
(i) Section 21.02 or 21.11, Penal Code; | ||
(ii) Chapter 22, Penal Code, if the victim | ||
of the alleged offense is younger than 17 years of age; | ||
(iii) Section 25.02, Penal Code, if the | ||
victim of the alleged offense is younger than 17 years of age; | ||
(iv) Section 25.06, Penal Code; | ||
(v) Section 43.25, Penal Code; or | ||
(vi) Section 20A.02(a)(7), 20A.02(a)(8), | ||
or 20A.03, Penal Code; | ||
(D) an offense described by Article 62.001(6)(C) | ||
or (D), Code of Criminal Procedure; and | ||
(E) criminal actions against persons who are | ||
detained as provided by Section 51.12, Family Code, after transfer | ||
for prosecution in criminal court under Section 54.02, Family Code; | ||
(3) election contests and suits under the Election | ||
Code; | ||
(4) orders for the protection of the family under | ||
Subtitle B, Title 4, Family Code; | ||
(5) appeals of final rulings and decisions of the | ||
division of workers' compensation of the Texas Department of | ||
Insurance regarding workers' compensation claims and claims under | ||
the Federal Employers' Liability Act and the Jones Act; | ||
(6) appeals of final orders of the commissioner of the | ||
General Land Office under Section 51.3021, Natural Resources Code; | ||
(7) actions in which the claimant has been diagnosed | ||
with malignant mesothelioma, other malignant asbestos-related | ||
cancer, malignant silica-related cancer, or acute silicosis; and | ||
(8) appeals brought under Section 42.01 or 42.015, Tax | ||
Code, of orders of appraisal review boards of appraisal districts | ||
established for counties with a population of less than 175,000. | ||
(b-1) The trial courts of this state shall prioritize over | ||
any other proceeding pending or filed in the court a proceeding for | ||
injunctive relief under Chapter 273, Election Code, based on | ||
alleged conduct constituting an offense under Chapter 276, Election | ||
Code, pending or filed in the court on or after the 60th day before a | ||
general or special election. | ||
(b-2) The court on written request of any party to a case set | ||
under Section 23.301 shall hold a hearing on a proceeding described | ||
by Subsection (b-1). A hearing under this subsection shall begin as | ||
soon as practicable but not later than 24 hours after the court | ||
receives the hearing request. The hearing may be held in person or | ||
through electronic means. | ||
SECTION 6.04. Chapter 23, Government Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. GENERAL PROVISIONS | ||
Sec. 23.301. ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS; | ||
CRIMINAL OFFENSE. (a) In this section, "public official" has the | ||
meaning assigned by Section 1.005(15-a), Election Code. | ||
(b) Notwithstanding any other law or rule, the clerk of a | ||
district court in which a proceeding entitled to priority under | ||
Section 23.101(b-1) is filed shall docket the proceeding and, if | ||
more than one district court in the county has jurisdiction over the | ||
proceeding, randomly assign the proceeding to a district court | ||
using an automated assignment system. | ||
(c) Notwithstanding any other law or rule, the clerk of a | ||
county court or statutory county court in which a proceeding | ||
entitled to priority under Section 23.101(b-1) is filed shall | ||
docket the proceeding and, if more than one court in the county has | ||
jurisdiction over the proceeding, randomly assign the proceeding to | ||
a court using an automated assignment system. | ||
(d) A person, including a public official, commits an | ||
offense if the person communicates with a county or district clerk | ||
with the intention of influencing or attempting to influence the | ||
court or judge assigned to a proceeding under this section. | ||
(e) An offense under this section is a state jail felony. | ||
ARTICLE 7. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE | ||
SECTION 7.01. The following provisions of the Election Code | ||
are repealed: | ||
(1) Section 86.0052(b); and | ||
(2) Section 86.0105(b). | ||
SECTION 7.02. If any provision of this Act or its | ||
application to any person or circumstance is held invalid, the | ||
invalidity does not affect other provisions or applications of this | ||
Act that can be given effect without the invalid provision or | ||
application, and to this end the provisions of this Act are declared | ||
to be severable. | ||
SECTION 7.03. 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 when 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 occurred | ||
before that date. | ||
SECTION 7.04. This Act takes effect September 1, 2021. |