| 1 | 1 | | 85R6388 ADM-D |
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| 2 | 2 | | By: Laubenberg H.B. No. 3425 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to aid provided to certain voters; providing a criminal |
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| 8 | 8 | | penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 86.0051, Election Code, is amended by |
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| 11 | 11 | | adding Subsections (a-1) and (d-1) and amending Subsections (d) and |
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| 12 | 12 | | (e) to read as follows: |
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| 13 | 13 | | (a-1) A person commits an offense if the person deposits in |
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| 14 | 14 | | the mail or with a common or contract carrier more than two carrier |
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| 15 | 15 | | envelopes containing ballots voted by other persons in an election. |
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| 16 | 16 | | It is not a defense to an offense under this subsection that the |
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| 17 | 17 | | voter voluntarily gave another person possession of the voter's |
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| 18 | 18 | | carrier envelope. |
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| 19 | 19 | | (d) An offense under Subsection (a) or (c) [this section] is |
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| 20 | 20 | | a Class B misdemeanor, unless the person is convicted of an offense |
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| 21 | 21 | | under Section 64.036 for providing unlawful assistance to the same |
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| 22 | 22 | | voter in connection with the same ballot, in which event the offense |
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| 23 | 23 | | is a state jail felony. |
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| 24 | 24 | | (d-1) An offense under Subsection (a-1) is a state jail |
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| 25 | 25 | | felony. |
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| 26 | 26 | | (e) Subsections (a), (a-1), and (c) do not apply if the |
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| 27 | 27 | | person is related to the applicant within the second degree by |
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| 28 | 28 | | affinity or the third degree by consanguinity, as determined under |
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| 29 | 29 | | Subchapter B, Chapter 573, Government Code, or is registered to |
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| 30 | 30 | | vote at the same address as the applicant. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2017. |
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