| 1 | 1 | | 88R1786 SGM-D |
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| 2 | 2 | | By: Bucy H.B. No. 310 |
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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 notification by the secretary of state when a person |
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| 8 | 8 | | convicted of a felony may register to vote. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 13.007, Election Code, is amended by |
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| 11 | 11 | | adding Subsection (d) to read as follows: |
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| 12 | 12 | | (d) It is an affirmative defense to prosecution under this |
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| 13 | 13 | | section that for a person not eligible to vote under Section |
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| 14 | 14 | | 13.001(a)(4): |
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| 15 | 15 | | (1) the person represented on a registration |
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| 16 | 16 | | application that the person is eligible to register to vote; and |
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| 17 | 17 | | (2) the person received noticed under Section |
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| 18 | 18 | | 15.029(c). |
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| 19 | 19 | | SECTION 2. Subchapter B, Chapter 15, Election Code, is |
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| 20 | 20 | | amended by adding Section 15.029 to read as follows: |
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| 21 | 21 | | Sec. 15.029. NOTIFICATION OF REGISTRATION ELIGIBILITY BY |
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| 22 | 22 | | SECRETARY OF STATE. (a) This section applies to a person who is |
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| 23 | 23 | | ineligible to vote in this state under Section 13.001(a)(4) because |
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| 24 | 24 | | the person was finally convicted of a felony. |
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| 25 | 25 | | (b) The secretary of state shall coordinate with the Texas |
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| 26 | 26 | | Department of Criminal Justice, the Department of Public Safety, |
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| 27 | 27 | | and any other relevant agency to determine when a person to whom |
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| 28 | 28 | | this section applies is no longer ineligible to vote or apply for |
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| 29 | 29 | | voter registration under Section 13.001(a)(4)(A) or (B). |
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| 30 | 30 | | (c) At the time a person to whom this section applies is no |
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| 31 | 31 | | longer ineligible to vote under Section 13.001(a)(4)(A) or (B), the |
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| 32 | 32 | | secretary of state shall use best efforts to provide the person |
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| 33 | 33 | | with: |
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| 34 | 34 | | (1) a notice informing the person in plain language |
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| 35 | 35 | | that the person's felony conviction no longer disqualifies the |
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| 36 | 36 | | person from being eligible to register to vote, including a |
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| 37 | 37 | | complete list of eligibility requirements; |
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| 38 | 38 | | (2) instructions for registration; and |
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| 39 | 39 | | (3) a voter registration application. |
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| 40 | 40 | | (d) The secretary of state shall post on the secretary's |
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| 41 | 41 | | Internet website a generic version of the notice described by |
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| 42 | 42 | | Subsection (c)(1). |
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| 43 | 43 | | (e) The secretary of state shall adopt rules as necessary to |
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| 44 | 44 | | administer this section. |
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| 45 | 45 | | SECTION 3. Section 64.012, Election Code, is amended by |
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| 46 | 46 | | adding Subsection (e) to read as follows: |
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| 47 | 47 | | (e) It is an affirmative defense to prosecution under |
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| 48 | 48 | | Subsection (a)(1) that the person received notice under Section |
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| 49 | 49 | | 15.029(c). |
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| 50 | 50 | | SECTION 4. The changes in law made by this Act in amending |
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| 51 | 51 | | Sections 13.007 and 64.012, Election Code, apply only to an offense |
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| 52 | 52 | | committed on or after the effective date of this Act. An offense |
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| 53 | 53 | | committed before the effective date of this Act is governed by the |
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| 54 | 54 | | law in effect when the offense was committed, and the former law is |
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| 55 | 55 | | continued in effect for that purpose. For purposes of this section, |
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| 56 | 56 | | an offense was committed before the effective date of this Act if |
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| 57 | 57 | | any element of the offense occurred before that date. |
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| 58 | 58 | | SECTION 5. This Act takes effect September 1, 2023. |
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