87R1945 SGM-F
By: J. Johnson of Harris H.B. No. 1316
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons finally convicted of a
felony for certain public offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.001(a), Election Code, is amended to
read as follows:
(a) To be eligible to be a candidate for, or elected or
appointed to, a public elective office in this state, a person must:
(1) be a United States citizen;
(2) be 18 years of age or older on the first day of the
term to be filled at the election or on the date of appointment, as
applicable;
(3) have not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(4) have not been finally convicted of a felony or, if
so convicted, has:
(A) fully discharged that person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
(B) [from which the person has not] been pardoned
or otherwise released from the resulting disabilities;
(5) have resided continuously in the state for 12
months and in the territory from which the office is elected for six
months immediately preceding the following date:
(A) for a candidate whose name is to appear on a
general primary election ballot, the date of the regular filing
deadline for a candidate's application for a place on the ballot;
(B) for an independent candidate, the date of the
regular filing deadline for a candidate's application for a place
on the ballot;
(C) for a write-in candidate, the date of the
election at which the candidate's name is written in;
(D) for a party nominee who is nominated by any
method other than by primary election, the date the nomination is
made; and
(E) for an appointee to an office, the date the
appointment is made;
(6) on the date described by Subdivision (5), be
registered to vote in the territory from which the office is
elected; and
(7) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION 2. Section 141.001, Election Code, is amended by
adding Subsection (a-4) to read as follows:
(a-4) For purposes of Subsection (a)(4), a person is not
considered to have been finally convicted of an offense for which
the criminal proceedings are deferred without an adjudication of
guilt.
SECTION 3. The changes in law made by this Act apply only to
the eligibility requirements for a candidate or officer whose term
of office will begin on or after the effective date of this Act. The
eligibility requirements for a candidate or officer whose term of
office will begin before the effective date of this Act are governed
by the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2021.