HB2773 - Relating to the unlawful altering of election procedures; providing a civil penalty.

  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.