Texas 2019 - 86th Regular

Texas House Bill HB3578 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R28333 ADM-D
2	2		By: Klick, et al. H.B. No. 3578
	3	+	Substitute the following for H.B. No. 3578:
	4	+	By: Cortez C.S.H.B. No. 3578
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the cancellation of the voter registration of a person
8	10		finally convicted of a felony.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Chapter 42, Code of Criminal Procedure, is
11	13		amended by adding Article 42.0193 to read as follows:
12	14		Art. 42.0193. FINDING REGARDING FELONY CONVICTION AND ORDER
13	15		CANCELING VOTER REGISTRATION. In the trial of a felony offense, if
14	16		the defendant is 18 years of age or older and is adjudged guilty of
15	17		the offense, the court shall:
16	18		(1) make an affirmative finding that the person has
17	19		been found guilty of a felony and enter the affirmative finding in
18	20		the judgment of the case; and
19	21		(2) at the time the conviction becomes final, issue an
20	22		order that the defendant's voter registration be canceled and send
21	23		the order to the secretary of state.
22	24		SECTION 2. Section 16.003, Election Code, is amended to
23	25		read as follows:
24	26		Sec. 16.003. FELONY CONVICTION. (a) At the time the
25	27		secretary of state receives an order described by Article 42.0193,
26	28		Code of Criminal Procedure, the secretary of state shall determine
27	29		if the person named in the order is a registered voter in this state
28	30		and, if so, forward the order to the appropriate registrar.
29	31		(b) Each weekday the Department of Public Safety is
30	32		regularly open for business, the department shall:
31	33		(1) prepare an abstract of each final judgment
32	34		received by the department convicting a person 18 years of age or
33	35		older who is a resident of the state of a felony; and
34	36		(2) file each abstract with the secretary of state.
35	37		SECTION 3. Section 16.005, Election Code, is amended to
36	38		read as follows:
37	39		Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an
38	40		abstract or order received under this subchapter affects a
39	41		registered voter of the county, the registrar shall retain a copy of
40	42		the abstract or order on file with the affected voter's
41	43		registration application.
42	44		SECTION 4. Section 16.031(a), Election Code, is amended to
43	45		read as follows:
44	46		(a) The registrar shall cancel a voter's registration
45	47		immediately on receipt of:
46	48		(1) notice under Section 13.072(b) or 15.021 or a
47	49		response under Section 15.053 that the voter's residence is outside
48	50		the county;
49	51		(2) an abstract of the voter's death certificate under
50	52		Section 16.001(a) or an abstract of an application indicating that
51	53		the voter is deceased under Section 16.001(b);
52	54		(3) an abstract of a final judgment of the voter's
53	55		total mental incapacity, partial mental incapacity without the
54	56		right to vote, conviction of a felony, or disqualification under
55	57		Section 16.002, 16.003(b) [16.003], or 16.004;
56	58		(4) a court order received under Section 16.003(a)
57	59		ordering the cancellation of the voter's registration because the
58	60		voter has been convicted of a felony;
59	61		(5) notice under Section 112.012 that the voter has
60	62		applied for a limited ballot in another county;
61	63		(6) [(5)] notice from a voter registration official in
62	64		another state that the voter has registered to vote outside this
63	65		state;
64	66		(7) [(6)] notice from the early voting clerk under
65	67		Section 101.053 that a federal postcard application submitted by an
66	68		applicant states a voting residence address located outside the
67	69		registrar's county; or
68	70		(8) [(7)] notice from the secretary of state that the
69	71		voter has registered to vote in another county, as determined by the
70	72		voter's driver's license number or personal identification card
71	73		number issued by the Department of Public Safety or social security
72	74		number.
73	75		SECTION 5. Section 16.036(a), Election Code, is amended to
74	76		read as follows:
75	77		(a) Immediately after, but not later than the 30th day after
76	78		the date a voter's registration is canceled under Section
77	79		16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar
78	80		shall deliver written notice of the cancellation to the voter.
79	81		SECTION 6. Section 18.061(e), Election Code, is amended to
80	82		read as follows:
81	83		(e) The secretary of state shall prescribe procedures to
82	84		ensure that when a voter registers in another county, as determined
83	85		under Section 16.031(a)(7) or (8) [16.031(a)(6)], the statewide
84	86		computerized voter registration list is updated to reflect the
85	87		voter's registration in the new county.
86	88		SECTION 7. The change in law made by this Act applies only
87	89		to a person convicted of a felony on or after the effective date of
88	90		this Act.
89	91		SECTION 8. This Act takes effect September 1, 2019.