1 | 1 | | By: Dutton (Senate Sponsor - Ellis) H.B. No. 1226 |
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2 | 2 | | (In the Senate - Received from the House May 6, 2011; |
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3 | 3 | | May 9, 2011, read first time and referred to Committee on State |
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4 | 4 | | Affairs; May 19, 2011, reported favorably by the following vote: |
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5 | 5 | | Yeas 6, Nays 1; May 19, 2011, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the eligibility of certain persons who have received |
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11 | 11 | | deferred adjudication to vote. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 11.002, Election Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 11.002. QUALIFIED VOTER. (a) In this code, |
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16 | 16 | | "qualified voter" means a person who: |
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17 | 17 | | (1) is 18 years of age or older; |
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18 | 18 | | (2) is a United States citizen; |
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19 | 19 | | (3) has not been determined by a final judgment of a |
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20 | 20 | | court exercising probate jurisdiction to be: |
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21 | 21 | | (A) totally mentally incapacitated; or |
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22 | 22 | | (B) partially mentally incapacitated without the |
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23 | 23 | | right to vote; |
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24 | 24 | | (4) has not been finally convicted of a felony or, if |
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25 | 25 | | so convicted, has: |
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26 | 26 | | (A) fully discharged the person's sentence, |
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27 | 27 | | including any term of incarceration, parole, or supervision, or |
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28 | 28 | | completed a period of probation ordered by any court; or |
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29 | 29 | | (B) been pardoned or otherwise released from the |
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30 | 30 | | resulting disability to vote; |
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31 | 31 | | (5) is a resident of this state; and |
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32 | 32 | | (6) is a registered voter. |
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33 | 33 | | (b) For purposes of Subsection (a)(4), a person is not |
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34 | 34 | | considered to have been finally convicted of an offense for which |
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35 | 35 | | the criminal proceedings are deferred without an adjudication of |
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36 | 36 | | guilt. |
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37 | 37 | | SECTION 2. Section 13.001, Election Code, is amended by |
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38 | 38 | | adding Subsection (c) to read as follows: |
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39 | 39 | | (c) For purposes of Subsection (a)(4), a person is not |
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40 | 40 | | considered to have been finally convicted of an offense for which |
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41 | 41 | | the criminal proceedings are deferred without an adjudication of |
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42 | 42 | | guilt. |
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43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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47 | 47 | | Act takes effect September 1, 2011. |
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48 | 48 | | * * * * * |
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