By: Dutton (Senate Sponsor - Ellis) H.B. No. 1226
(In the Senate - Received from the House May 6, 2011;
May 9, 2011, read first time and referred to Committee on State
Affairs; May 19, 2011, reported favorably by the following vote:
Yeas 6, Nays 1; May 19, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain persons who have received
deferred adjudication to vote.
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. (a) 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) 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) been pardoned or otherwise released from the
resulting disability to vote;
(5) is a resident of this state; and
(6) is a registered voter.
(b) 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 2. Section 13.001, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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