86R28333 ADM-D
By: Klick, et al. H.B. No. 3578
A BILL TO BE ENTITLED
AN ACT
relating to the cancellation of the voter registration of a person
finally convicted of a felony.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0193 to read as follows:
Art. 42.0193. FINDING REGARDING FELONY CONVICTION AND ORDER
CANCELING VOTER REGISTRATION. In the trial of a felony offense, if
the defendant is 18 years of age or older and is adjudged guilty of
the offense, the court shall:
(1) make an affirmative finding that the person has
been found guilty of a felony and enter the affirmative finding in
the judgment of the case; and
(2) at the time the conviction becomes final, issue an
order that the defendant's voter registration be canceled and send
the order to the secretary of state.
SECTION 2. Section 16.003, Election Code, is amended to
read as follows:
Sec. 16.003. FELONY CONVICTION. (a) At the time the
secretary of state receives an order described by Article 42.0193,
Code of Criminal Procedure, the secretary of state shall determine
if the person named in the order is a registered voter in this state
and, if so, forward the order to the appropriate registrar.
(b) Each weekday the Department of Public Safety is
regularly open for business, the department shall:
(1) prepare an abstract of each final judgment
received by the department convicting a person 18 years of age or
older who is a resident of the state of a felony; and
(2) file each abstract with the secretary of state.
SECTION 3. Section 16.005, Election Code, is amended to
read as follows:
Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an
abstract or order received under this subchapter affects a
registered voter of the county, the registrar shall retain a copy of
the abstract or order on file with the affected voter's
registration application.
SECTION 4. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003(b) [16.003], or 16.004;
(4) a court order received under Section 16.003(a)
ordering the cancellation of the voter's registration because the
voter has been convicted of a felony;
(5) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(6) [(5)] notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(7) [(6)] notice from the early voting clerk under
Section 101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(8) [(7)] notice from the secretary of state that the
voter has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 5. Section 16.036(a), Election Code, is amended to
read as follows:
(a) Immediately after, but not later than the 30th day after
the date a voter's registration is canceled under Section
16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar
shall deliver written notice of the cancellation to the voter.
SECTION 6. Section 18.061(e), Election Code, is amended to
read as follows:
(e) The secretary of state shall prescribe procedures to
ensure that when a voter registers in another county, as determined
under Section 16.031(a)(7) or (8) [16.031(a)(6)], the statewide
computerized voter registration list is updated to reflect the
voter's registration in the new county.
SECTION 7. The change in law made by this Act applies only
to a person convicted of a felony on or after the effective date of
this Act.
SECTION 8. This Act takes effect September 1, 2019.