| 1 | 1 | | 88R13538 TSS-F |
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| 2 | 2 | | By: Zwiener H.B. No. 4247 |
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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 requiring notice regarding the potential eligibility to |
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| 8 | 8 | | vote of certain persons convicted of a felony and the duties of a |
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| 9 | 9 | | sheriff or jailer relating to elections. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter O, Chapter 42A, Code of Criminal |
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| 12 | 12 | | Procedure, is amended by adding Article 42A.703 to read as follows: |
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| 13 | 13 | | Art. 42A.703. NOTICE REGARDING POTENTIAL ELIGIBILITY FOR |
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| 14 | 14 | | VOTER REGISTRATION. A judge who discharges under Article 42A.701 a |
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| 15 | 15 | | defendant placed on community supervision for a felony shall notify |
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| 16 | 16 | | the defendant, in writing, that the defendant may be eligible to |
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| 17 | 17 | | register to vote under Section 13.001, Election Code. |
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| 18 | 18 | | SECTION 2. Chapter 48, Code of Criminal Procedure, is |
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| 19 | 19 | | amended by adding Article 48.055 to read as follows: |
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| 20 | 20 | | Art. 48.055. NOTICE REGARDING POTENTIAL ELIGIBILITY FOR |
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| 21 | 21 | | VOTER REGISTRATION. The Board of Pardons and Paroles shall notify |
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| 22 | 22 | | each person pardoned by the governor for a felony offense, in |
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| 23 | 23 | | writing, that the person may be eligible to register to vote under |
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| 24 | 24 | | Section 13.001, Election Code. |
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| 25 | 25 | | SECTION 3. Section 84.0111(a), Election Code, is amended to |
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| 26 | 26 | | read as follows: |
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| 27 | 27 | | (a) Except as provided by Subsection (c) of this section, |
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| 28 | 28 | | Section 351.049, Local Government Code, or any other provision of |
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| 29 | 29 | | [or as otherwise authorized by] this code, an officer or employee of |
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| 30 | 30 | | this state or of a political subdivision of this state may not |
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| 31 | 31 | | distribute an application form for an early voting ballot to a |
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| 32 | 32 | | person who did not request an application under Section 84.001. |
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| 33 | 33 | | SECTION 4. Chapter 493, Government Code, is amended by |
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| 34 | 34 | | adding Section 493.035 to read as follows: |
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| 35 | 35 | | Sec. 493.035. NOTICE REGARDING POTENTIAL ELIGIBILITY FOR |
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| 36 | 36 | | VOTER REGISTRATION. (a) In this section, "offender" means an |
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| 37 | 37 | | inmate or state jail defendant. |
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| 38 | 38 | | (b) The department shall notify, in writing, an offender who |
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| 39 | 39 | | completes the offender's sentence, including any period of parole |
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| 40 | 40 | | or mandatory supervision, that the offender may be eligible to |
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| 41 | 41 | | register to vote under Section 13.001, Election Code. |
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| 42 | 42 | | SECTION 5. Subchapter C, Chapter 351, Local Government |
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| 43 | 43 | | Code, is amended by adding Section 351.049 to read as follows: |
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| 44 | 44 | | Sec. 351.049. DUTIES RELATING TO ELECTIONS. (a) Not later |
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| 45 | 45 | | than 30 days before the deadline provided by Section 84.007(c), |
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| 46 | 46 | | Election Code, for an election held in the county served by a |
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| 47 | 47 | | sheriff or jailer, the sheriff or jailer appointed under Section |
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| 48 | 48 | | 351.041 shall: |
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| 49 | 49 | | (1) notify each prisoner in the custody of a county |
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| 50 | 50 | | jail, in writing, that the prisoner may be eligible to register to |
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| 51 | 51 | | vote under Section 13.001, Election Code; and |
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| 52 | 52 | | (2) if the prisoner is expected to remain in the |
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| 53 | 53 | | custody of a county jail until the date the election will be held, |
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| 54 | 54 | | provide to the prisoner an application for a ballot to be voted by |
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| 55 | 55 | | mail. |
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| 56 | 56 | | (b) The sheriff of the county or a jailer appointed under |
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| 57 | 57 | | Section 351.041 shall: |
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| 58 | 58 | | (1) assist a prisoner who is expected to remain in the |
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| 59 | 59 | | custody of the county jail on the date of an election held in the |
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| 60 | 60 | | county with mailing an application for a ballot to be voted by mail |
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| 61 | 61 | | not more than 24 hours after the prisoner completes the |
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| 62 | 62 | | application; |
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| 63 | 63 | | (2) deliver a ballot to be voted by mail received by |
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| 64 | 64 | | the county for a prisoner in the custody of the county jail, to the |
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| 65 | 65 | | prisoner not more than 24 hours after receipt; and |
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| 66 | 66 | | (3) assist a prisoner who has received a ballot to be |
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| 67 | 67 | | voted by mail with mailing the ballot not more than 24 hours after |
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| 68 | 68 | | the prisoner completes the ballot. |
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| 69 | 69 | | SECTION 6. Articles 42A.703 and 48.055, Code of Criminal |
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| 70 | 70 | | Procedure, as added by this Act, and Section 493.035, Government |
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| 71 | 71 | | Code, as added by this Act, apply only to a person who is pardoned by |
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| 72 | 72 | | the governor or fully discharges a sentence, including any term of |
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| 73 | 73 | | incarceration, parole, or supervision, or completes a period of |
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| 74 | 74 | | probation ordered by any court on or after the effective date of |
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| 75 | 75 | | this Act. |
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| 76 | 76 | | SECTION 7. This Act takes effect September 1, 2023. |
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