| 1 | 1 | | 85R13289 JRJ-D |
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| 2 | 2 | | By: Swanson H.B. No. 3662 |
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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 the acceptance of a voter; creating an offense. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 63.006, Election Code, is amended by |
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| 10 | 10 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (b) After the voter is accepted, an election officer shall[: |
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| 13 | 13 | | [(1)] indicate beside the voter's name on the poll list: |
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| 14 | 14 | | (1) that the voter was accepted under this section; |
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| 15 | 15 | | and |
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| 16 | 16 | | (2) the unique qualifying serial number provided by |
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| 17 | 17 | | the county clerk or the voter registrar confirming the voter is |
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| 18 | 18 | | currently registered [enter the voter's name on the registration |
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| 19 | 19 | | omissions list]. |
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| 20 | 20 | | (c) The secretary of state shall adopt procedures for |
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| 21 | 21 | | issuing a serial number as required under Subsection (b). |
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| 22 | 22 | | SECTION 2. Section 63.012, Election Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | Sec. 63.012. UNLAWFULLY ACCEPTING OR REFUSING TO ACCEPT |
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| 25 | 25 | | VOTER. (a) An election officer commits an offense if the officer |
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| 26 | 26 | | knowingly: |
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| 27 | 27 | | (1) permits an ineligible voter to vote other than as |
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| 28 | 28 | | provided by Section 63.011; [or] |
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| 29 | 29 | | (2) refuses to accept a person for voting whose |
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| 30 | 30 | | acceptance is required by this code; or |
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| 31 | 31 | | (3) permits an ineligible person to vote under Section |
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| 32 | 32 | | 63.006. |
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| 33 | 33 | | (b) Except as provided by Subsection (c), an [An] offense |
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| 34 | 34 | | under this section is a Class B misdemeanor. |
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| 35 | 35 | | (c) If it is shown on the trial of an offense under |
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| 36 | 36 | | Subsection (a)(3) that the election officer has committed three or |
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| 37 | 37 | | more offenses under Subsection (a)(3), the offense is a state jail |
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| 38 | 38 | | felony. |
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| 39 | 39 | | SECTION 3. The change in law made by this Act to Section |
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| 40 | 40 | | 63.012, Election Code, applies only to an offense committed on or |
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| 41 | 41 | | after the effective date of this Act. An offense committed before |
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| 42 | 42 | | the effective date of this Act is governed by the law in effect at |
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| 43 | 43 | | the time of the offense, and the former law is continued in effect |
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| 44 | 44 | | for that purpose. For purposes of this section, an offense was |
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| 45 | 45 | | committed before the effective date of this Act if any element of |
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| 46 | 46 | | the offense occurred before that date. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2017. |
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