82R11833 ATP-D By: Lewis H.B. No. 804 Substitute the following for H.B. No. 804: By: Cook C.S.H.B. No. 804 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 third degree. (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.