Bill Text: TX HB225 | 2021 | 87th Legislature 1st 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) 2021-07-09 - Filed [HB225 Detail]
Download: Texas-2021-HB225-Introduced.html
| By: Jetton | H.B. No. 225 | |
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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 | ||
| clerk or 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; or | ||
| (3) for a third or subsequent violation, if the | ||
| secretary of state determines that a voter registrar has not | ||
| performed any overt actions in pursuance of compliance with the | ||
| provisions identified under Subsection (b)(2) within 14 days, the | ||
| secretary of state shall: | ||
| (A) 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 from | ||
| the Secretary of State of specific actions needed as identified in | ||
| subsection (2) that the county's voter registrar fails to take | ||
| overt action to comply with provisions identified under that | ||
| subsection. 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 court clerks and 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. 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 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 was committed before the | ||
| effective date of this Act. | ||
| SECTION 3. 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 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
