Bill Text: TX SB1568 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to organized election fraud activity; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2019-05-17 - Committee report sent to Calendars [SB1568 Detail]
Download: Texas-2019-SB1568-Comm_Sub.html
By: Fallon, et al. | S.B. No. 1568 | |
(Klick) | ||
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relating to organized election fraud activity; imposing a civil | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 276, Election Code, is amended by adding | ||
Section 276.012 to read as follows: | ||
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 organized election fraud | ||
activity in connection with an election in this state is liable to | ||
the state for civil penalties in an action by the attorney general | ||
as provided by this section. | ||
(c) In an action under this section, the attorney general | ||
may seek injunctive relief to prevent a violation of Section | ||
276.011(a) from continuing or recurring. | ||
(d) In an action under this section, the attorney general | ||
must establish each element of the action by a preponderance of the | ||
evidence. | ||
(e) It is not a defense under this section that: | ||
(1) a defendant is not criminally responsible for an | ||
offense committed in furtherance of the organized election fraud | ||
activity; or | ||
(2) another alleged participant in the organized | ||
election fraud activity has been acquitted. | ||
(f) In all actions under this section, the state shall be | ||
awarded a civil penalty of $1,000 for each offense committed under | ||
Titles 1 through 7 in the course of committing organized election | ||
fraud activity. | ||
(g) The cause of action created by this section is | ||
cumulative of any other remedy provided by common law or statute. | ||
(h) A person found liable under this section or other law | ||
for any amount of damages arising from organized election fraud | ||
activity is jointly liable with any other defendant for the entire | ||
amount of damages arising from the activity. | ||
(i) A civil action or proceeding under this section against | ||
any person may be brought in the county where any part of the | ||
organized election fraud activity occurred. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed under Section 276.011(a), Election Code, 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 3. This Act takes effect September 1, 2019. |