BILL ANALYSIS Senate Research Center H.B. 1226 82R5217 ATP-D By: Dutton (Ellis) State Affairs 5/10/2011 Engrossed BILL ANALYSIS Senate Research Center H.B. 1226 82R5217 ATP-D By: Dutton (Ellis) State Affairs 5/10/2011 Engrossed Senate Research Center H.B. 1226 82R5217 ATP-D By: Dutton (Ellis) State Affairs 5/10/2011 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, confusion exists as to whether a person who has received deferred adjudication has the right to vote, as the Election Code describes a qualified voter as a person who has not been finally convicted of a felony. H.B. 1226 amends current law relating to the eligibility of certain persons who have received deferred adjudication to vote. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.002, Election Code, as follows: Sec. 11.002. QUALIFIED VOTER. (a) Creates this subsection from existing text. Makes no further changes to this subsection. (b) Provides that, for purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deffered without an adjudication of guilt. SECTION 2. Amends Section 13.001, Election Code, by adding Subsection (c), to provide that for purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt. SECTION 3. Effective date: upon passage or September 1, 2011. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Under current law, confusion exists as to whether a person who has received deferred adjudication has the right to vote, as the Election Code describes a qualified voter as a person who has not been finally convicted of a felony. H.B. 1226 amends current law relating to the eligibility of certain persons who have received deferred adjudication to vote. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.002, Election Code, as follows: Sec. 11.002. QUALIFIED VOTER. (a) Creates this subsection from existing text. Makes no further changes to this subsection. (b) Provides that, for purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deffered without an adjudication of guilt. SECTION 2. Amends Section 13.001, Election Code, by adding Subsection (c), to provide that for purposes of Subsection (a)(4), a person is not considered to have been finally convicted of an offense for which the criminal proceedings are deferred without an adjudication of guilt. SECTION 3. Effective date: upon passage or September 1, 2011.