Bill Text: TX HB188 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the enforcement by the secretary of state of certain voter roll maintenance provisions; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-27 - Referred to Constitutional Rights & Remedies [HB188 Detail]
Download: Texas-2021-HB188-Introduced.html
| 87S20226 TSS-F | ||
| By: Jetton | H.B. No. 188 | |
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| 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. | ||
