By: Lewis, Aliseda, Branch, Harless, Pena, H.B. No. 804
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the offense of illegal voting by a person who is not a
United States citizen.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 64, Election Code, is
amended by adding Section 64.013 to read as follows:
Sec. 64.013. ILLEGAL VOTING BY PERSON WHO IS NOT UNITED
STATES CITIZEN. (a) A person commits an offense if the person is
not a citizen of the United States and the person votes or attempts
to vote in an election in this state.
(b) An offense under this section is a felony of the second
degree unless the person is convicted of an attempt. In that case,
the offense is a state jail felony.
(c) It is an affirmative defense to prosecution for an
offense under this section that the person believed in good faith
that the person was a citizen of the United States.
SECTION 2. This Act takes effect September 1, 2011.