Texas 2021 - 87th Regular

Texas House Bill HB1316 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1945 SGM-F
2	2	By: J. Johnson of Harris H.B. No. 1316
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of persons finally convicted of a
8	8	felony for certain public offices.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 141.001(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) To be eligible to be a candidate for, or elected or
13	13	appointed to, a public elective office in this state, a person must:
14	14	(1) be a United States citizen;
15	15	(2) be 18 years of age or older on the first day of the
16	16	term to be filled at the election or on the date of appointment, as
17	17	applicable;
18	18	(3) have not been determined by a final judgment of a
19	19	court exercising probate jurisdiction to be:
20	20	(A) totally mentally incapacitated; or
21	21	(B) partially mentally incapacitated without the
22	22	right to vote;
23	23	(4) have not been finally convicted of a felony or, if
24	24	so convicted, has:
25	25	(A) fully discharged that person's sentence,
26	26	including any term of incarceration, parole, or supervision, or
27	27	completed a period of probation ordered by any court; or
28	28	(B) [from which the person has not] been pardoned
29	29	or otherwise released from the resulting disabilities;
30	30	(5) have resided continuously in the state for 12
31	31	months and in the territory from which the office is elected for six
32	32	months immediately preceding the following date:
33	33	(A) for a candidate whose name is to appear on a
34	34	general primary election ballot, the date of the regular filing
35	35	deadline for a candidate's application for a place on the ballot;
36	36	(B) for an independent candidate, the date of the
37	37	regular filing deadline for a candidate's application for a place
38	38	on the ballot;
39	39	(C) for a write-in candidate, the date of the
40	40	election at which the candidate's name is written in;
41	41	(D) for a party nominee who is nominated by any
42	42	method other than by primary election, the date the nomination is
43	43	made; and
44	44	(E) for an appointee to an office, the date the
45	45	appointment is made;
46	46	(6) on the date described by Subdivision (5), be
47	47	registered to vote in the territory from which the office is
48	48	elected; and
49	49	(7) satisfy any other eligibility requirements
50	50	prescribed by law for the office.
51	51	SECTION 2. Section 141.001, Election Code, is amended by
52	52	adding Subsection (a-4) to read as follows:
53	53	(a-4) For purposes of Subsection (a)(4), a person is not
54	54	considered to have been finally convicted of an offense for which
55	55	the criminal proceedings are deferred without an adjudication of
56	56	guilt.
57	57	SECTION 3. The changes in law made by this Act apply only to
58	58	the eligibility requirements for a candidate or officer whose term
59	59	of office will begin on or after the effective date of this Act. The
60	60	eligibility requirements for a candidate or officer whose term of
61	61	office will begin before the effective date of this Act are governed
62	62	by the law in effect immediately before the effective date of this
63	63	Act, and the former law is continued in effect for that purpose.
64	64	SECTION 4. This Act takes effect September 1, 2021.