H.B. No. 148
AN ACT
relating to aid provided to certain voters; providing criminal
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 86, Election Code, is amended by adding
Section 86.0052 to read as follows:
Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION
PROHIBITED. (a) A person commits an offense if the person:
(1) compensates another person for depositing the
carrier envelope in the mail or with a common or contract carrier as
provided by Section 86.0051(b), as part of any performance-based
compensation scheme based on the number of ballots deposited or in
which another person is presented with a quota of ballots to deposit
as provided by Section 86.0051(b);
(2) engages in another practice that causes another
person's compensation from or employment status with the person to
be dependent on the number of ballots deposited as provided by
Section 86.0051(b); or
(3) with knowledge that accepting compensation for
such activity is illegal, accepts compensation for an activity
described by Subdivision (1) or (2).
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable by:
(1) confinement in jail for a term of not more than one
year or less than 30 days; or
(2) confinement described by Subdivision (1) and a
fine not to exceed $4,000.
(c) An offense under this section is a state jail felony if
it is shown on the trial of an offense under this section that the
defendant was previously convicted two or more times under this
section.
(d) An officer, director, or other agent of an entity that
commits an offense under this section is punishable for the
offense.
(e) For purposes of this section, compensation means any
form of monetary payment, goods, services, benefits, or promises or
offers of employment, or any other form of consideration offered to
another person in exchange for depositing ballots.
SECTION 2. Chapter 86, Election Code, is amended by adding
Section 86.0105 to read as follows:
Sec. 86.0105. COMPENSATION FOR ASSISTING VOTERS
PROHIBITED. (a) A person commits an offense if the person:
(1) compensates another person for assisting voters as
provided by Section 86.010, as part of any performance-based
compensation scheme based on the number of voters assisted or in
which another person is presented with a quota of voters to be
assisted as provided by Section 86.010;
(2) engages in another practice that causes another
person's compensation from or employment status with the person to
be dependent on the number of voters assisted as provided by Section
86.010; or
(3) with knowledge that accepting compensation for
such activity is illegal, accepts compensation for an activity
described by Subdivision (1) or (2).
(b) Except as provided by Subsection (c), an offense under
this section is a misdemeanor punishable by:
(1) confinement in jail for a term of not more than one
year or less than 30 days; or
(2) confinement described by Subdivision (1) and a
fine not to exceed $4,000.
(c) An offense under this section is a state jail felony if
it is shown on the trial of an offense under this section that the
defendant was previously convicted two or more times under this
section.
(d) An officer, director, or other agent of an entity that
commits an offense under this section is punishable for the
offense.
(e) For purposes of this section, compensation means any
form of monetary payment, goods, services, benefits, or promises or
offers of employment, or any other form of consideration offered to
another person in exchange for assisting voters.
SECTION 3. Section 86.013(d), Election Code, is amended to
read as follows:
(d) The following textual material, as prescribed by the
secretary of state, must be printed on the reverse side of the
official carrier envelope or on a separate sheet accompanying the
carrier envelope when it is provided:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 86.0052;
(4) the prohibition prescribed by Section 86.006(e);
and
(5) the offenses prescribed by Sections 86.006(f) and
86.010(f).
SECTION 4. The changes in law made by this Act apply 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 on the date 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 5. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 148 was passed by the House on April
26, 2013, by the following vote: Yeas 93, Nays 48, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 148 on May 23, 2013, by the following vote: Yeas 132, Nays 11,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 148 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor