85R27971 GRM-F     By: Fallon H.B. No. 4133     Substitute the following for H.B. No. 4133:     By:  Laubenberg C.S.H.B. No. 4133       A BILL TO BE ENTITLED   AN ACT   relating to investigation and prosecution of certain election   offenses; creating a criminal offense; increasing criminal   penalties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1.013, Election Code, is amended to read   as follows:          Sec. 1.013.  DESTRUCTION OF RECORDS. (a) After expiration of   the prescribed period for preserving voted ballots, election   returns, other election records, or other records that are   preserved under this code, the records may be destroyed or   otherwise disposed of unless, at the expiration of the preservation   period, an election contest or a criminal investigation or   proceeding in connection with an election to which the records   pertain is pending. In that case, the records shall be preserved   until the contest, investigation, or proceeding is completed and   the judgment, if any, becomes final.  If a preservation request has   been issued by a law enforcement agency, the custodian of records   may not destroy the records before receiving written permission   from that law enforcement agency.          (b)  A person commits an offense if a person intentionally   destroys or causes the destruction of election records required to   be preserved under Subsection (a).          (c)  Except as provided by Subsection (d), an offense under   Subsection (b) is a Class B misdemeanor.          (d)  An offense under Subsection (b) in which a person   destroys or causes destruction of records subject to a preservation   request from a law enforcement agency is a state jail felony.          SECTION 2.  Section 1.018, Election Code, is amended to read   as follows:          Sec. 1.018.  APPLICABILITY OF PENAL CODE. Titles 1 through 4   [In addition to Section 1.03, Penal Code, and to other titles of the   Penal Code that may apply to this code, Title 4], Penal Code, apply   [applies] to offenses prescribed by this code.          SECTION 3.  The heading to Section 13.007, Election Code, is   amended to read as follows:          Sec. 13.007.  FALSE STATEMENT ON REGISTRATION APPLICATION.          SECTION 4.  Sections 13.007(a) and (b), Election Code, are   amended to read as follows:          (a)  A person commits an offense if the person knowingly   makes a false statement or requests, commands, or attempts to   induce another person to make a false statement or causes a false   statement to be made on a registration application.          (b)  An offense under this section is a state jail felony   [Class B misdemeanor].          SECTION 5.  Subchapter A, Chapter 13, Election Code, is   amended by adding Section 13.009 to read as follows:          Sec. 13.009.  MISUSE OF VOTER REGISTRATION INFORMATION. (a)     A person commits an offense if the person copies or otherwise   records voter information obtained from a registration   application, including two or more of the following pieces of   information belonging to a voter:                (1)  an address;                (2)  a phone number;                (3)  a date of birth; or                (4)  any part of a:                      (A)  social security number; or                      (B)  driver's license number.          (b)  A person commits an offense if the person knowingly   possesses, sells, offers to sell, buys, or offers to buy voter   information copied from an application described by Subsection (a).          (c)  This section does not apply to an employee of a   registrar or other governmental agency who copies, records, or   possesses the information for official administrative or law   enforcement purposes.          (d)  An offense under this section is a state jail felony.          SECTION 6.  Section 15.028(a), Election Code, is amended to   read as follows:          (a)  If the registrar determines that a person who is not an   eligible [a registered] voter voted in an election, or determines   that voter registration fraud or voting fraud may have occurred in   an election, the registrar shall execute and deliver to the   attorney general, the secretary of state, and the county or   district attorney having jurisdiction in the territory covered by   the election an affidavit stating the relevant facts.  Unless   otherwise instructed by the attorney general and the county or   district attorney, the registrar shall preserve any election   records applicable to the offense for at least six months after the   date required by Section 66.058.          SECTION 7.  Section 18.068(a), Election Code, is amended to   read as follows:          (a)  The secretary of state shall quarterly compare the   information received under Section 16.001 of this code and Section   62.113, Government Code, to the statewide computerized voter   registration list. If the secretary determines that a voter on the   registration list is deceased or has been excused or disqualified   from jury service because the voter is not a citizen, the secretary   shall send notice of the determination to the voter registrar of the   counties considered appropriate by the secretary and to the   attorney general.          SECTION 8.  Section 64.012, Election Code, is amended to   read as follows:          Sec. 64.012.  ILLEGAL VOTING.  (a)  A person commits an   offense if the person:                (1)  votes or attempts to vote in an election in which   the person knows the person is not eligible to vote;                (2)  knowingly votes or attempts to vote more than once   in an election;                (3)  knowingly [impersonates another person and] votes   or attempts to vote a ballot belonging to another person, or by   impersonating another [as the impersonated] person; or                (4)  knowingly marks or attempts to mark another   person's ballot without the consent of that person, or without   specific direction from that person how to mark the ballot.          (b)  An offense under this section is a felony of the third    [second] degree unless the person is convicted of an attempt.  In   that case, the offense is a state jail felony.          (c)  It is sufficient for the purposes of Subsection (a)(1)   to establish that the person had knowledge of the person's   ineligibility to vote if the person was aware of the facts or   circumstances causing the person's ineligibility under this code.          (d)  It is not a defense to prosecution that the ballot was   not finally counted.          (e)  An offense under this section is increased to the next   higher category of offense if it is shown on the trial of an offense   under this section that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  if the defendant is being charged as a party to the   offense, the offense involves a voter 65 years of age or older; or                (3)  the defendant committed another offense under this   section in the same election.          SECTION 9.  Section 66.058(a), Election Code, is amended to   read as follows:          (a)  Except as otherwise provided by this code, the precinct   election records shall be preserved by the authority to whom they   are distributed:                (1)  in an election involving a federal office, for at   least 22 months after election day in accordance with federal law;   or                (2)  in an election not involving a federal office, for   at least 12 [six] months after election day.          SECTION 10.  Section 162.014(b), Election Code, is amended   to read as follows:          (b)  An offense under this section is a Class A [Class C]   misdemeanor.          SECTION 11.  Section 231.008, Election Code, is amended by   adding Subsection (f) to read as follows:          (f)  The clerk shall deliver a copy of the judgment and any   findings of fact or conclusions of law to the attorney general, and   upon request from the attorney general, shall deliver copies of any   portion of the record for use in a criminal investigation.          SECTION 12.  Section 273.001(e), Election Code, is amended   to read as follows:          (e)  Not later than the 30th day after the date on which a   peace officer or county or district attorney receives a complaint   of an offense under this code punishable as a Class B misdemeanor or   higher [begins an investigation under this section], the officer or    county or district attorney shall deliver notice of the complaint    [investigation] to the secretary of state and the attorney general.   The notice must include a copy of the complaint, a statement on   whether [that] a criminal investigation is being conducted, and the   date on which the election that is the subject of the complaint    [investigation] was held. The secretary of state may disclose   information relating to a criminal investigation received under   this subsection only if the county or district attorney or the   attorney general has disclosed the information or would be required   by law to disclose the information.          SECTION 13.  Subchapter B, Chapter 273, Election Code, is   amended by adding Section 273.025 to read as follows:          Sec. 273.025.  LIMITATIONS. An indictment or information   for an offense under this code must be presented not later than five   years after the date of the commission of the offense.          SECTION 14.  Chapter 276, Election Code, is amended by   adding Sections 276.002 and 276.011 to read as follows:          Sec. 276.002.  OBSTRUCTION OF ELECTION INVESTIGATION OR   PROCEEDING. (a) A person commits an offense if the person, with   intent to influence a witness or prospective witness in an   investigation or proceeding brought under this code:                (1)  offers a benefit to, intimidates, harms, or   threatens to harm a witness or prospective witness;                (2)  instructs or encourages a witness or prospective   witness to give a false statement or testimony or withhold or make   unavailable any testimony, information, or evidence; or                (3)  instructs or encourages a witness or prospective   witness:                      (A)  to elude legal process summoning the witness   to testify or supply evidence; or                      (B)  to be absent from a legal proceeding to which   the witness has been legally summoned.          (b)  An offense under this section is a felony of the second   degree.          Sec. 276.011.  ELECTION FRAUD. (a) A person commits an   offense if the person knowingly or intentionally makes any effort   to:                (1)  influence the independent exercise of the vote of   another in the presence of the ballot or during the voting process;                (2)  cause a voter registration application, ballot, or   vote to be obtained or cast under false pretenses;                (3)  cause any false or intentionally misleading   statement, representation, or information to be provided:                      (A)  to an election official; or                      (B)  on an election-related:                            (i)  form;                            (ii)  petition;                            (iii)  statement;                            (iv)  oath;                            (v)  affirmation; or                            (vi)  official document; or                (4)  subvert the election process in order to obtain a   benefit or to benefit another person, candidate, or political   party.          (b)  An offense under this section is a Class A misdemeanor.          (c)  An offense under this section is increased to the next   higher category of offense if it is shown on the trial of the   offense that:                (1)  the defendant was previously convicted of an   offense under this code;                (2)  the offense involved a voter 65 years of age or   older; or                (3)  the defendant committed another offense under this   section in the same election.          (d)  If conduct that constitutes an offense under this   section also constitutes an offense under any other law, the actor   may be prosecuted under this section, the other law, or both.          SECTION 15.  Sections 13.007(c) and 15.028(b), Election   Code, are repealed.          SECTION 16.  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 occurred   before that date.          SECTION 17.  This Act takes effect September 1, 2017.