Relating to the unlawful altering of election procedures; providing a civil penalty.

89(R) HB 2773 - Introduced version - Bill Text

89R4599 JDK-F

By: Leach

H.B. No. 2773

A BILL TO BE ENTITLED

AN ACT

relating to the unlawful altering of election procedures; providing

a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 276.019, Election Code, is amended to

read as follows:

Sec. 276.019. UNLAWFUL ALTERING OF ELECTION PROCEDURES
;

CIVIL PENALTY
.
(a)
A public official or election official may not

create, alter, modify, waive, or suspend any election standard,

practice, or procedure mandated by law or rule in a manner not

expressly authorized by this code.

(b)

After the secretary of state receives or discovers

information indicating that a public official or election official

has violated Subsection (a), the secretary of state shall

investigate the standard, practice, or procedure appearing to have

violated Subsection (a). If the secretary of state determines that

a violation of Subsection (a) has occurred, the secretary of state

shall send to the public official or election official determined

to have violated that subsection:

(1)

notification of the secretary of state's

determination;

(2)

a demand that the official immediately cease the

implementation or enforcement of the standard, practice, or

procedure determined to have violated Subsection (a); and

(3)

instructions for the specific actions necessary

for compliance with Subsection (a).

(c)

If, more than two days after receiving notification

under Subsection (b), a public official or election official does

not comply with Subsection (a) as instructed under Subsection

(b)(3), the secretary of state shall:

(1)

notify the attorney general that the official may

be subject to a civil penalty under Subsection (d); and

(2)

forward to the attorney general any documents or

information received, discovered, or created during the secretary

of state's investigation under Subsection (b).

(d)

A public official or election official is liable to this

state for a civil penalty for each day that the official fails or

refuses to take an affirmative action to comply with Subsection (a)

in an amount not to exceed:

(1)

$1,000 per day for each day after the second day

and on or before the seventh day after receiving a notice under

Subsection (b); or

(2)

$5,000 per day for each day after the seventh day

after receiving a notice under Subsection (b).

(e)

The attorney general may bring an action to recover a

civil penalty imposed under Subsection (d).

(f)

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.

(g)

Documents or information received, discovered, or

created during the secretary of state's investigation under

Subsection (b) are confidential and not subject to disclosure under

Chapter 552, Government Code, unless the secretary of state or

attorney general has determined that a complaint submitted to the

secretary of state under this section will not be further

investigated or the subject of any further proceedings or actions.

SECTION 2. This Act takes effect September 1, 2025.