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.