81R975 DRH-D
By: Ellis S.B. No. 141
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility requirements for voting by persons
convicted of a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.002, Election Code, is amended to
read as follows:
Sec. 11.002. QUALIFIED VOTER. In this code, "qualified
voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) has not been finally convicted of a felony or, if
so convicted[, has]:
(A) is not confined in a facility operated by or
under contract with the Texas Department of Criminal Justice [fully
discharged the person's sentence, including any term of
incarceration, parole, or supervision, or completed a period of
probation ordered by any court]; or
(B) has been pardoned or otherwise released from
the resulting disability to vote;
(5) is a resident of this state; and
(6) is a registered voter.
SECTION 2. Section 13.001(a), Election Code, is amended to
read as follows:
(a) To be eligible for registration as a voter in this
state, a person must:
(1) be 18 years of age or older;
(2) be a United States citizen;
(3) not have been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) not have been finally convicted of a felony or, if
so convicted, must [have]:
(A) not be confined in a facility operated by or
under contract with the Texas Department of Criminal Justice [fully
discharged the person's sentence, including any term of
incarceration, parole, or supervision, or completed a period of
probation ordered by any court]; or
(B) have been pardoned or otherwise released from
the resulting disability to vote; and
(5) be a resident of the county in which application
for registration is made.
SECTION 3. Section 16.003, Election Code, is amended to
read as follows:
Sec. 16.003. CONFINEMENT FOR FELONY CONVICTION. (a) Each
weekday the Department of Public Safety is regularly open for
business, the department shall:
(1) compile a list [prepare an abstract] of each final
judgment received by the department convicting a person 18 years of
age or older who is a resident of the state of a felony; and
(2) file the list [each abstract] with the secretary
of state and the Texas Department of Criminal Justice.
(b) Each week the Texas Department of Criminal Justice
shall:
(1) prepare an abstract containing the name of each
person named on a list filed under Subsection (a) who is currently
confined in a facility operated by or under contract with the Texas
Department of Criminal Justice; and
(2) file the abstract with the secretary of state.
(c) The secretary of state, the Department of Public Safety,
and the Texas Department of Criminal Justice shall adopt a
memorandum of understanding to implement this section.
SECTION 4. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is
outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, confinement for conviction of a felony, or
disqualification under Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state; or
(6) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 5. This Act takes effect September 1, 2009.