Bill Text: TX HB3424 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to organized election fraud activity; imposing a civil penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-05-04 - Left pending in committee [HB3424 Detail]

Download: Texas-2021-HB3424-Introduced.html
  87R9329 ADM-D
 
  By: Slawson H.B. No. 3424
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to organized election fraud activity; imposing a civil
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 276, Election Code, is amended by adding
  Section 276.0121 to read as follows:
         Sec. 276.0121.  LIABILITY FOR ENGAGING IN ORGANIZED ELECTION
  FRAUD ACTIVITY. (a) In this section, "organized election fraud
  activity" means an offense under Section 276.012(a).
         (b)  A person who engages in organized election fraud
  activity in connection with an election in this state is liable to
  the state for civil penalties in an action by the attorney general
  as provided by this section.
         (c)  In an action under this section, the attorney general or
  person bringing the action must establish each element of the
  action by a preponderance of the evidence.
         (d)  It is not a defense under this section that:
               (1)  a defendant is not criminally responsible for an
  offense committed in furtherance of the organized election fraud
  activity; or
               (2)  another alleged participant in the organized
  election fraud activity has been acquitted.
         (e)  In all actions under this section, the state shall be
  awarded a civil penalty of $1,000 for each offense committed under
  Titles 1 through 7 in the course of committing organized election
  fraud activity.
         (f)  The cause of action created by this section is
  cumulative of any other remedy provided by common law or statute. 
         (g)  A person found liable under this section or other law
  for any amount of damages arising from organized election fraud
  activity is jointly liable with any other defendant for the entire
  amount of damages arising from the activity.
         (h)  A civil action or proceeding under this section against
  any person may be brought in the county where any part of the
  organized election fraud activity occurred.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed under Section 276.012(a), Election Code, 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 on the date 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 3.  This Act takes effect September 1, 2021.
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