By: Pena H.B. No. 2589
A BILL TO BE ENTITLED
AN ACT
relating to the distribution and delivery of voter registration
applications by volunteer deputy registrars; providing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.
Section 13.038, Election Code, is amended to
read as follows:
Sec. 13.038. POWERS GENERALLY; OFFENSE. (a) A volunteer
deputy registrar may distribute voter registration application
forms throughout the county and receive registration applications
submitted to the deputy in person.
(b) A volunteer deputy registrar commits an offense if the
volunteer deputy distributes a voter registration application form
to a person the volunteer deputy knows is ineligible to register to
vote under Section 13.001. An offense under this subsection is a
state jail felony.
SECTION 2. Section 13.043, Election Code, is amended to
read as follows:
Sec. 13.043. FAILURE TO CONDUCT APPOINTED DUTIES [DELIVER
APPLICATION]. (a) A volunteer deputy registrar commits an offense
if the deputy fails to cause the proper and timely delivery of a
completed voter registration application as required by [comply
with] Section 13.042.
(a-1) A volunteer deputy registrar commits an offense if the
volunteer deputy knowingly causes a voter registration application
containing false information to be delivered to the registrar.
(b) Except as provided by Subsection (c), an offense under
Subsection (a) [this section] is a Class C misdemeanor.
(c) An offense under Subsection (a) [this section] is a
Class A misdemeanor if the deputy's failure to comply is
intentional.
(d) An offense under Subsection (a-1) is a state jail
felony.
SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2011.