85R27995 ATP-F
	By: Fallon	H.B. No. 4134
	Substitute the following for H.B. No. 4134:
	By:  Laubenberg	C.S.H.B. No. 4134

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the criminal offense of engaging in
	organized election fraud activity.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 276, Election Code, is amended by adding
	Sections 276.011 and 276.012 to read as follows:
	Sec. 276.011.  ENGAGING IN ORGANIZED ELECTION FRAUD
	ACTIVITY. (a) A person commits an offense if, with the intent to
	establish, promote, maintain, benefit from, or participate in a
	vote harvesting organization, the person commits, attempts to
	commit, or conspires to commit one or more offenses under Titles 1
	through 7.
	(b)  An offense under this section is one category higher
	than the most serious offense listed in Subsection (a) that is
	committed, and if the most serious offense is a Class A misdemeanor,
	the offense is a state jail felony.
	(c)  At the punishment stage of a trial, the defendant may
	raise the issue as to whether in voluntary and complete
	renunciation of the offense the defendant withdrew from the vote
	harvesting organization before commission of an offense listed in
	Subsection (a) and made substantial effort to prevent the
	commission of the offense. If the defendant proves the issue in the
	affirmative by a preponderance of the evidence the offense is the
	same category of offense as the most serious offense listed in
	Subsection (a) that is committed.
	(d)  In this section, "vote harvesting organization" means
	three or more persons who collaborate in unlawful vote generating
	or accumulating activities, although participants may not know each
	other's identity, membership in the organization may change from
	time to time, and participants may stand in a candidate-consultant,
	donor-consultant, consultant-field operative, or other arm's
	length relationship in the organization's unlawful vote generating
	or accumulating operations.
	(e)  For purposes of this section, "conspires to commit"
	means that a person agrees with one or more persons that they or one
	or more of them engage in conduct that would constitute the offense
	and that person and one or more of them perform an overt act in
	pursuance of the agreement. An agreement constituting conspiring
	to commit may be inferred from the acts of the parties.
	Sec. 276.012.  LIABILITY FOR ENGAGING IN ORGANIZED ELECTION
	FRAUD ACTIVITY. (a)  In this section, "organized election fraud
	activity" means an offense under Section 276.011(a).
	(b)  A person who engages in, or intentionally or knowingly
	benefits from, organized election fraud activity is liable to a
	candidate or other person harmed by the activity as provided by this
	section.
	(c)  It is not a defense to liability under this section that
	a defendant has been acquitted or has not been prosecuted or
	convicted for an offense under this code, or has been convicted of a
	different offense or of a different type or class of offense, for
	the conduct that is alleged to give rise to liability under this
	section.
	(d)  A claimant who prevails in a suit under this section
	shall be awarded:
	(1)  actual damages caused by the prohibited conduct;
	(2)  $1,000 for each offense committed under Titles 1
	through 7;
	(3)  court costs; and
	(4)  reasonable attorney's fees.
	(e)  The cause of action created by this chapter is
	cumulative of any other remedy provided by common law or statute.
	(f)  A person who engages in or intentionally or knowingly
	benefits from organized election fraud activity and is found liable
	under this section or other law for any amount of damages arising
	from the activity is jointly liable with any other defendant for the
	entire amount of damages arising from the organized election fraud
	activity.
	(g)  A civil action or proceeding under this section against
	any person may be brought in the county where any part of the
	activity occurred.
	(h)  This section shall be liberally construed and applied to
	promote its underlying purpose to protect candidates against
	unlawful organized election fraud activity and to provide efficient
	and economical procedures to secure that protection.
	SECTION 2.  The change in law made by this Act applies 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 when 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, 2017.