Bill Text: TX SB1901 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to the authority of the secretary of state to order the performance of certain election functions.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2021-05-25 - Placed on General State Calendar [SB1901 Detail]

Download: Texas-2021-SB1901-Comm_Sub.html

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By: Zaffirini S.B. No. 1901
(Kuempel)

A BILL TO BE ENTITLED
AN ACT
relating to the authority of the secretary of state to order the
performance of certain election functions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 31.005, Election Code, is
amended to read as follows:
Sec. 31.005. PROTECTION OF VOTING RIGHTS; ENFORCEMENT.
SECTION 2. Section 31.005, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The secretary of state may order [If the secretary
determines that] a person performing official functions in the
administration of any part of the electoral processes to correct
offending conduct if the secretary determines that the person is
exercising the powers vested in that person in a manner that:
(1) impedes the free exercise of a citizen's voting
rights; or
(2) unless acting under an order of a court of
competent jurisdiction, delays or cancels an election that the
person does not have specific statutory authority to delay or
cancel.
(c)[, the secretary may order the person to correct the
offending conduct.] If a [the] person described by Subsection (b)
fails to comply with an order from the secretary of state under this
section, the secretary may seek enforcement of the order by a
temporary restraining order or a writ of injunction or mandamus
obtained through the attorney general.
SECTION 3. This Act takes effect September 1, 2021.