87R18640 TSS-D     By: Cain, Schofield, Klick, Clardy, Jetton, H.B. No. 6       et al.     Substitute the following for H.B. No. 6:     By:  Cain C.S.H.B. No. 6       A BILL TO BE ENTITLED   AN ACT   relating to election integrity and security, including by   preventing fraud in the conduct of elections in this state;   increasing criminal penalties; creating criminal offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  SHORT TITLE. This Act may be cited as the   Election Integrity Protection Act of 2021.          SECTION 1.02.  PURPOSE. The purpose of this Act is to   exercise the legislature's constitutional authority under Section   4, Article VI, Texas Constitution, to make all laws necessary to   detect and punish fraud and preserve the purity of the ballot box.          SECTION 1.03.  FINDINGS. The legislature finds that:                (1)  full, free, and fair elections are the   underpinnings of a stable constitutional democracy;                (2)  fraud in elections threatens the stability of a   constitutional democracy by undermining public confidence in the   legitimacy of public officers chosen by election;                (3)  reforms are needed to the election laws of this   state to ensure that fraud does not undermine the public confidence   in the electoral process;                (4)  Section 4, Article VI, Texas Constitution,   entrusts the enactment of laws to combat fraud in the electoral   process to the sound discretion of the legislature; and                (5)  the reforms to the election laws of this state made   by this Act are not intended to impair the right of free suffrage   guaranteed to the people of Texas by the United States and Texas   Constitutions, but are enacted solely to prevent fraud in the   electoral process.          SECTION 1.04.  Chapter 1, Election Code, is amended by   adding Section 1.0015 to read as follows:          Sec. 1.0015.  LEGISLATIVE INTENT. It is the intent of the   legislature that the application of this code and the conduct of   elections shall be uniform and consistent throughout this state to   reduce the likelihood of fraud in the conduct of elections.          SECTION 1.05.  Section 1.003, Election Code, is amended by   adding Subsection (a-1) to read as follows:          (a-1)  A public official shall construe the provisions of   this code strictly to effect the intent of the legislature under   Section 1.0015.          SECTION 1.06.  Section 1.005, Election Code, is amended by   adding Subdivision (15-a) to read as follows:                (15-a)  "Public official" means any person elected,   selected, appointed, employed, or otherwise designated as an   officer, employee, or agent of this state, a government agency, a   political subdivision, or any other public body established by   state law.   ARTICLE 2. REGISTRATION OF VOTERS AND CONDUCT OF ELECTIONS          SECTION 2.01.  Sections 16.001(a) and (b), Election Code,   are amended to read as follows:          (a)  Each month the local registrar of deaths shall prepare   an abstract of each death certificate issued in the month for a   decedent 18 years of age or older who was a resident of the state at   the time of death.  The local registrar of deaths shall file each   abstract with the voter registrar of the decedent's county of   residence and the secretary of state as soon as possible, but not   later than the 7th [10th] day after [of the month following the   month in which] the abstract is prepared.          (b)  Each month the clerk of each court having probate   jurisdiction shall prepare an abstract of each application for   probate of a will, administration of a decedent's estate, or   determination of heirship, and each affidavit under Chapter 205,   Estates Code, that is filed in the month with a court served by the   clerk.  The clerk shall file each abstract with the voter registrar   and the secretary of state as soon as possible, but not later than   the 7th [10th] day after [of the month following the month in which]   the abstract is prepared.          SECTION 2.02.  Section 64.007(c), Election Code, is amended   to read as follows:          (c)  An election officer shall maintain a register of spoiled   ballots at the polling place, including spoiled ballots from a   direct recording electronic voting unit. An election officer shall   enter on the register the name of each voter who returns a spoiled   ballot and the spoiled ballot's number.   ARTICLE 3. ELECTION OFFICERS AND OBSERVERS          SECTION 3.01.  Section 32.075, Election Code, is amended by   adding Subsection (g) to read as follows:          (g)  A presiding judge may not:                (1)  have a watcher appointed under Subchapter A,   Chapter 33, removed from the polling place; or                (2)  require a watcher appointed under Subchapter A,   Chapter 33, to leave the polling place.          SECTION 3.02.  Subchapter A, Chapter 33, Election Code, is   amended by adding Section 33.0015 to read as follows:          Sec. 33.0015.  CHAPTER PURPOSE AND WATCHER DUTY. The   purpose of this chapter is to preserve the integrity of the ballot   box in accordance with Section 4, Article VI, Texas Constitution,   by providing for the appointment of watchers. To effect that   purpose, a watcher appointed under this chapter shall observe the   conduct of an election and call to the attention of an election   officer any observed or suspected irregularity or violation of law   in the conduct of the election.          SECTION 3.03.  Section 33.051, Election Code, is amended by   adding Subsections (g) and (h) to read as follows:          (g)  An election officer commits an offense if the officer   intentionally or knowingly refuses to accept a watcher for service   when acceptance of the watcher is required by this section.          (h)  An offense under Subsection (g) is a Class B   misdemeanor.          SECTION 3.04.  Section 33.056, Election Code, is amended by   adding Subsection (e) to read as follows:          (e)  In this code, a watcher who is entitled to "observe" an   activity or procedure is entitled to sit or stand near enough to see   and hear the activity or procedure.          SECTION 3.05.  Subchapter C, Chapter 33, Election Code, is   amended by adding Section 33.0605 to read as follows:          Sec. 33.0605.  OBSERVING DATA STORAGE SEALING AND TRANSFER.   A watcher appointed to serve at a polling place in an election may   observe the sealing and transfer of a memory card, flash drive, hard   drive, data storage device, or other medium now existing or later   developed used by the voting system equipment.          SECTION 3.06.  Section 33.061(a), Election Code, is amended   to read as follows:          (a)  A person commits an offense if the person serves in an   official capacity at a location at which the presence of watchers is   authorized and knowingly prevents a watcher from observing an   activity or procedure the watcher is entitled to observe, including   by taking any action to obstruct the view of a watcher or distance   the watcher from the activity or procedure to be observed in a   manner that would make observation not reasonably effective.          SECTION 3.07.  Subchapter C, Chapter 33, Election Code, is   amended by adding Section 33.062 to read as follows:          Sec. 33.062.  REMOVAL OF WATCHER FROM POLLING PLACE. The   presiding judge may remove a watcher from a polling place only if   the watcher engages in activity that would constitute an offense   related to the conduct of the election, including an offense under   Chapter 276.          SECTION 3.08.  Section 61.001, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as permitted by this code and as described by   Subsection (a-1), a person may not be in the polling place from the   time the presiding judge arrives there on election day to make the   preliminary arrangements until the precinct returns have been   certified and the election records have been assembled for   distribution following the election.          (a-1)  Under this code, a person may be lawfully present in a   polling place during the time described by Subsection (a) if the   person is:                (1)  an election judge or clerk;                (2)  a watcher;                (3)  the secretary of state;                (4)  a staff member of the Elections Division of the   Office of the Secretary of State performing an official duty in   accordance with this code;                (5)  an election official, a sheriff, or a staff member   of an election official or sheriff delivering election supplies;                (6)  a state inspector;                (7)  a person admitted to vote;                (8)  a child under 18 years of age who is accompanying a   parent who has been admitted to vote;                (9)  a person providing assistance to a voter under   Section 61.032 or 64.032;                (10)  a person accompanying a voter who has a   disability;                (11)  a special peace officer appointed by the   presiding judge under Section 32.075;                (12)  the county chair of a political party conducting   a primary election, as authorized by Section 172.1113;                (13)  a voting system technician, as authorized by   Section 125.010;                (14)  the county election officer, as defined by   Section 31.091, as necessary to perform tasks related to the   administration of the election; or                (15)  a person whose presence has been authorized by   the presiding judge and alternate presiding judge in accordance   with this code.          SECTION 3.09.  Section 86.006(a-1), Election Code, is   amended to read as follows:          (a-1)  The voter may deliver a marked ballot in person to the   early voting clerk's office only while the polls are open on   election day. A voter who delivers a marked ballot in person must   present an acceptable form of identification described by Section   63.0101. A poll watcher is entitled to observe the delivery of   ballots under this subsection. The poll watcher must be able to   determine how the ballots are being delivered and how election   officials are making decisions about the delivery of ballots, if   applicable. The poll watcher may not disrupt the process of   delivering ballots.          SECTION 3.10.  Section 87.026, Election Code, is amended to   read as follows:          Sec. 87.026.  BYSTANDERS EXCLUDED. (a) Except as permitted   by this code and as described by Subsection (b), a person may not be   in the meeting place of an early voting ballot board during the time   of the board's operations.          (b)  Under this code, a person may be lawfully present in the   meeting place of an early voting ballot board during the time of the   board's operations if the person is:                (1)  a presiding judge or member of the board;                (2)  a watcher;                (3)  a voting system technician, as authorized by   Section 125.010;                (4)  the county election officer, as defined by Section   31.091, as necessary to perform tasks related to the administration   of the election; or                (5)  a person whose presence has been authorized by the   presiding judge in accordance with this code.          SECTION 3.11.  Subchapter A, Chapter 127, Election Code, is   amended by adding Section 127.008 to read as follows:          Sec. 127.008.  BYSTANDERS EXCLUDED. (a) Except as permitted   by this code and as described by Subsection (b), a person may not be   in a central counting station while ballots are being counted.          (b)  Under this code, a person may be lawfully present in the   central counting station while ballots are being counted if the   person is:                (1)  a counting station manager, tabulation   supervisor, assistant to the tabulation supervisor, presiding   judge, or clerk;                (2)  a watcher;                (3)  a voting system technician, as authorized by   Section 125.010;                (4)  the county election officer, as defined by Section   31.091, as necessary to perform tasks related to the administration   of the election; or                (5)  a person whose presence has been authorized by the   presiding judge of the central counting station in accordance with   this code.   ARTICLE 4. ASSISTANCE OF VOTERS          SECTION 4.01.  Subchapter B, Chapter 64, Election Code, is   amended by adding Section 64.0322 to read as follows:          Sec. 64.0322.  SUBMISSION OF FORM BY ASSISTANT. (a) A   person, other than an election officer, who assists a voter in   accordance with this chapter is required to complete a form   stating:                (1)  the name and address of the person assisting the   voter;                (2)  the manner in which the person is assisting the   voter;                (3)  the reason the assistance is necessary; and                (4)  the relationship of the assistant to the voter.          (b)  The secretary of state shall prescribe the form required   by this section. The form must be incorporated into the official   carrier envelope if the voter is voting an early voting ballot by   mail and receives assistance under Section 86.010, or must be   submitted to an election officer at the time the voter casts a   ballot if the voter is voting at a polling place or under Section   64.009.          SECTION 4.02.  Section 64.034, Election Code, is amended to   read as follows:          Sec. 64.034.  OATH. A person selected to provide assistance   to a voter must take the following oath, administered by an election   officer at the polling place, before providing assistance:          "I swear (or affirm) under penalty of perjury that I will not   suggest, by word, sign, or gesture, how the voter should vote; I   will confine my assistance to answering the voter's questions, to   stating propositions on the ballot, and to naming candidates and,   if listed, their political parties; I will prepare the voter's   ballot as the voter directs; I did not pressure, encourage, coerce,   or intimidate the voter into choosing me to provide assistance; and   I am not the voter's employer, an agent of the voter's employer, or   an officer or agent of a labor union to which the voter belongs."          SECTION 4.03.  Section 86.010, Election Code, is amended by   amending Subsections (e), (h), and (i) and adding Subsection (i-1)   to read as follows:          (e)  A person who assists a voter to prepare a ballot to be   voted by mail shall enter on the official carrier envelope of the   voter:                (1)  the person's signature, printed name, and   residence address;                (2)  the manner of any assistance provided to the voter   by the person;                (3)  the relationship of the person providing the   assistance to the voter; and                (4)  whether the person received or accepted any form   of compensation or other benefit from a candidate, campaign, or   political committee in exchange for providing assistance [on the   official carrier envelope of the voter].          (h)  Subsection (f) does not apply to:                (1)  a violation of Subsection (c), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code, or was physically living in the same   dwelling as the voter at the time of the event; or                (2)  a violation of Subsection (e), if the person is   related to the voter within the second degree by affinity or the   third degree by consanguinity, as determined under Subchapter B,   Chapter 573, Government Code.          (i)  An offense under this section for a violation of   Subsection (c) 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)  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.          (i-1)  An offense under this section for a violation of   Subsection (e) is a felony of the third degree if it is shown on the   trial of the offense that the person committed an offense under   Section 64.036 for providing unlawful assistance to the same voter   in connection with the same ballot.          SECTION 4.04.  Sections 86.0105(a), (c), and (e), Election   Code, are amended to read as follows:          (a)  A person commits an offense if the person:                (1)  compensates or offers to compensate another person   for assisting voters as provided by Section 86.010[, as part of any   performance-based compensation scheme based on the number of voters   assisted or in which another person is presented with a quota of   voters to be assisted as provided by Section 86.010]; or                (2)  solicits, receives, or [engages in another   practice that causes another person's compensation from or   employment status with the person to be dependent on the number of   voters assisted as provided by Section 86.010; or                [(3)  with knowledge that accepting compensation for   such activity is illegal,] accepts compensation for an activity   described by Subdivision (1) [or (2)].          (c)  An offense under this section is a state jail felony [if   it is shown on the trial of an offense under this section that the   defendant was previously convicted two or more times under this   section].          (e)  For purposes of this section, compensation means any   form of monetary payment, goods, services, benefits, or promises or   offers of employment, political favors, beneficial or favorable   discretionary official acts, or any other form of consideration   offered to another person in exchange for assisting voters.          SECTION 4.05.  Section 86.013(b), Election Code, is amended   to read as follows:          (b)  Spaces must appear on the reverse side of the official   carrier envelope for:                (1)  indicating the identity and date of the election;   [and]                (2)  entering the signature, printed name, and   residence address of a person other than the voter who deposits the   carrier envelope in the mail or with a common or contract carrier;   and                (3)  indicating the manner of any assistance provided   by a person assisting the voter, and the relationship of that person   to the voter.   ARTICLE 5. FRAUD AND OTHER UNLAWFUL PRACTICES          SECTION 5.01.  Chapter 63, Election Code, is amended by   adding Section 63.0111 to read as follows:          Sec. 63.0111.  OFFENSES RELATED TO PROVISIONAL VOTING. (a)   An election judge commits an offense if the judge knowingly   provides a voter with a form for an affidavit required by Section   63.001 if the form contains false information that was entered on   the form by the judge.          (b)  An offense under this section is a state jail felony.          SECTION 5.02.  Section 64.012, Election Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (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 votes or attempts to vote a ballot   belonging to another person, or by impersonating another person;   [or]                (4)  knowingly marks or attempts to mark any portion of   another person's ballot without the consent of that person, or   without specific direction from that person how to mark the ballot;   or                (5)  knowingly votes or attempts to vote in an election   in this state after voting in another state in an election in which   a federal office appears on the ballot and the election day for both   states is the same day.          (c)  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 5.03.  Sections 276.013(a) and (b), Election Code,   are amended to read as follows:          (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,   including by altering the ballot of another or by otherwise causing   a ballot to not reflect the intent of the voter;                (2)  cause a voter to become registered, a ballot to be   obtained, or a vote to be cast under false pretenses; [or]                (3)  count invalid votes or alter a report to include   invalid votes;                (4)  fail to count valid votes or alter a report to   exclude valid votes; or                (5) [(3)]  cause any intentionally misleading   statement, representation, or information to be provided:                      (A)  to an election official; or                      (B)  on an application for ballot by mail, carrier   envelope, or any other official election-related form or document.          (b)  An offense under this section is a state jail felony   [Class A misdemeanor].          SECTION 5.04.  Chapter 276, Election Code, is amended by   adding Sections 276.014, 276.016, 276.017, 276.018, and 276.019 to   read as follows:          Sec. 276.014.  PAID VOTE HARVESTING. (a) In this section:                (1)  "Benefit" means anything reasonably regarded as a   gain or advantage, including:                      (A)  a promise or offer of employment, a political   favor, or a favorable discretionary official act; and                      (B)  a benefit to any other person in whose   welfare the beneficiary has an interest.                (2)  "Vote harvesting services" means direct   interaction with one or more voters in connection with an official   ballot, a ballot voted by mail, or an application for ballot by   mail, intended to deliver votes for a specific candidate or   measure.          (b)  A person commits an offense if the person, directly or   through a third party, knowingly provides or offers to provide vote   harvesting services in exchange for compensation or other benefit.          (c)  A person commits an offense if the person, directly or   through a third party, knowingly provides or offers to provide   compensation or other benefit to a person in exchange for vote   harvesting services.          (d)  A person commits an offense if the person knowingly   collects or possesses a ballot voted by mail or official carrier   envelope from a voter in connection with vote harvesting services.          (e)  This section does not apply to political speech or other   acts merely promoting a candidate or measure that do not involve   direct interaction with:                (1)  an application for ballot by mail, in the presence   of the voter; or                (2)  a voter's official ballot, ballot voted by mail, or   carrier envelope.          (f)  In this section, compensation or other benefit in   exchange for vote harvesting services is inferred if a person who   performed the vote harvesting services for a candidate or campaign   solicits, receives, or is offered compensation from the candidate   or campaign, directly or through a third party, for services other   than the vote harvesting services provided.          (g)  An offense under this section is a felony of the third   degree.          (h)  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.          Sec. 276.016.  UNLAWFUL SOLICITATION AND DISTRIBUTION OF   APPLICATION TO VOTE BY MAIL. (a) A public official commits an   offense if the official, while acting in an official capacity,   knowingly:                 (1)  solicits the submission of an application to vote   by mail from a person who did not request an application;                (2)  distributes an application to vote by mail to a   person who did not request the application unless the distribution   is expressly authorized by another provision of this code;                (3)  authorizes or approves the expenditure of public   funds to facilitate third-party distribution of an application to   vote by mail to a person who did not request the application; or                (4)  completes any portion of an application to vote by   mail and distributes the application to an applicant.          (b)  An offense under this section is a state jail felony.          (c)  It is an exception to the application of Subsection   (a)(2) that the public official engaged in the conduct described by   Subsection (a)(2) by providing access to an application to vote by   mail from a publicly accessible Internet website.          (d)  It is an exception to the application of Subsection   (a)(4) that the public official engaged in the conduct described by   Subsection (a)(4) while lawfully assisting the applicant under   Section 84.003.          Sec. 276.017.  UNLAWFUL DISTRIBUTION OF EARLY VOTING BALLOTS   AND BALLOTING MATERIALS. (a) The early voting clerk or other   election official commits an offense if the clerk or official   knowingly mails or otherwise provides an early voting ballot by   mail or other early voting by mail ballot materials to a person who   did not submit an application for a ballot to be voted by mail under   Section 84.001.          (b)  An offense under this section is a state jail felony.          Sec. 276.018.  PERJURY IN CONNECTION WITH CERTAIN ELECTION   PROCEDURES. (a) A person commits an offense if the person makes a   false statement or swears to the truth of a false statement   previously made while making the oath described by Section 64.034.          (b)  An offense under this section is a state jail felony.          Sec. 276.019.  UNLAWFUL ALTERING OF ELECTION PROCEDURES. A   public official may not alter, waive, or suspend an election   standard, practice, or procedure mandated by law or rule unless the   alteration, waiver, or suspension is expressly authorized by this   code.   ARTICLE 6. ENFORCEMENT          SECTION 6.01.  Subchapter C, Chapter 22, Government Code, is   amended by adding Section 22.2235 to read as follows:          Sec. 22.2235.  COURT SITTING IN PANELS FOR CERTAIN ELECTION   PROCEEDINGS; CRIMINAL OFFENSE. (a) In this section, "public   official" has the meaning assigned by Section 1.005(15-a), Election   Code.          (b)  Notwithstanding any other law or rule, a court   proceeding entitled to priority under Section 22.304 and filed in a   court of appeals shall be docketed by the clerk of the court and   assigned to a panel of three justices determined using an automated   assignment system.          (c)  A person, including a public official, commits an   offense if the person communicates with a court clerk with the   intention of influencing or attempting to influence the composition   of a three-justice panel assigned a specific proceeding under this   section.          (d)  An offense under this section is a state jail felony.          SECTION 6.02.  Subchapter D, Chapter 22, Government Code, is   amended by adding Section 22.304 to read as follows:          Sec. 22.304.  PRIORITY OF CERTAIN ELECTION PROCEEDINGS. (a)   The supreme court or a court of appeals shall prioritize over any   other proceeding pending or filed in the court a proceeding for   injunctive relief under Chapter 273, Election Code, based on   alleged conduct constituting an offense under Chapter 276, Election   Code, pending or filed in the court on or after the 60th day before a   general or special election.          (b)  The court with jurisdiction over a proceeding described   by Subsection (a), on request of any party to the proceeding, shall   grant the party the opportunity to present an oral argument and   begin hearing the argument as soon as practicable but not later than   24 hours after the time the last brief for the proceeding is due to   be filed with the court.          (c)  Oral argument for a proceeding described by Subsection   (a) may be given in person or through electronic means.          SECTION 6.03.  Section 23.101, Government Code, is amended   by amending Subsection (a) and adding Subsections (b-1) and (b-2)   to read as follows:          (a)  Except as provided by Subsection (b-1), the [The] trial   courts of this state shall regularly and frequently set hearings   and trials of pending matters, giving preference to hearings and   trials of the following:                (1)  temporary injunctions;                (2)  criminal actions, with the following actions given   preference over other criminal actions:                      (A)  criminal actions against defendants who are   detained in jail pending trial;                      (B)  criminal actions involving a charge that a   person committed an act of family violence, as defined by Section   71.004, Family Code;                      (C)  an offense under:                            (i)  Section 21.02 or 21.11, Penal Code;                            (ii)  Chapter 22, Penal Code, if the victim   of the alleged offense is younger than 17 years of age;                            (iii)  Section 25.02, Penal Code, if the   victim of the alleged offense is younger than 17 years of age;                            (iv)  Section 25.06, Penal Code;                            (v)  Section 43.25, Penal Code; or                            (vi)  Section 20A.02(a)(7), 20A.02(a)(8),   or 20A.03, Penal Code;                      (D)  an offense described by Article 62.001(6)(C)   or (D), Code of Criminal Procedure; and                      (E)  criminal actions against persons who are   detained as provided by Section 51.12, Family Code, after transfer   for prosecution in criminal court under Section 54.02, Family Code;                (3)  election contests and suits under the Election   Code;                (4)  orders for the protection of the family under   Subtitle B, Title 4, Family Code;                (5)  appeals of final rulings and decisions of the   division of workers' compensation of the Texas Department of   Insurance regarding workers' compensation claims and claims under   the Federal Employers' Liability Act and the Jones Act;                (6)  appeals of final orders of the commissioner of the   General Land Office under Section 51.3021, Natural Resources Code;                (7)  actions in which the claimant has been diagnosed   with malignant mesothelioma, other malignant asbestos-related   cancer, malignant silica-related cancer, or acute silicosis; and                (8)  appeals brought under Section 42.01 or 42.015, Tax   Code, of orders of appraisal review boards of appraisal districts   established for counties with a population of less than 175,000.          (b-1)  The trial courts of this state shall prioritize over   any other proceeding pending or filed in the court a proceeding for   injunctive relief under Chapter 273, Election Code, based on   alleged conduct constituting an offense under Chapter 276, Election   Code, pending or filed in the court on or after the 60th day before a   general or special election.          (b-2)  The court on written request of any party to a case set   under Section 23.301 shall hold a hearing on a proceeding described   by Subsection (b-1). A hearing under this subsection shall begin as   soon as practicable but not later than 24 hours after the court   receives the hearing request. The hearing may be held in person or   through electronic means.          SECTION 6.04.  Chapter 23, Government Code, is amended by   adding Subchapter D to read as follows:   SUBCHAPTER D. GENERAL PROVISIONS          Sec. 23.301.  ASSIGNMENT OF CERTAIN ELECTION PROCEEDINGS;   CRIMINAL OFFENSE. (a) In this section, "public official" has the   meaning assigned by Section 1.005(15-a), Election Code.          (b)  Notwithstanding any other law or rule, the clerk of a   district court in which a proceeding entitled to priority under   Section 23.101(b-1) is filed shall docket the proceeding and, if   more than one district court in the county has jurisdiction over the   proceeding, randomly assign the proceeding to a district court   using an automated assignment system.          (c)  Notwithstanding any other law or rule, the clerk of a   county court or statutory county court in which a proceeding   entitled to priority under Section 23.101(b-1) is filed shall   docket the proceeding and, if more than one court in the county has   jurisdiction over the proceeding, randomly assign the proceeding to   a court using an automated assignment system.          (d)  A person, including a public official, commits an   offense if the person communicates with a county or district clerk   with the intention of influencing or attempting to influence the   court or judge assigned to a proceeding under this section.          (e)  An offense under this section is a state jail felony.   ARTICLE 7. REPEALER; SEVERABILITY; TRANSITION; EFFECTIVE DATE          SECTION 7.01.  The following provisions of the Election Code   are repealed:                (1)  Section 86.0052(b); and                (2)  Section 86.0105(b).          SECTION 7.02.  If any provision of this Act or its   application to any person or circumstance is held invalid, the   invalidity does not affect other provisions or applications of this   Act that can be given effect without the invalid provision or   application, and to this end the provisions of this Act are declared   to be severable.          SECTION 7.03.  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 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 7.04.  This Act takes effect September 1, 2021.