89R14440 JDK-D
By: Virdell H.B. No. 5222
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of persons finally convicted of a
felony to run for certain public offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 141.001, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-4) 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
described by Subsection (a-4) 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;
(7) if convicted of a felony not described by
Subsection (a-4), have:
(A) fully discharged the sentence, including any
term of incarceration, parole, or supervision, or completed a
period of probation ordered by any court; or
(B) been pardoned or otherwise released from the
resulting disabilities; and
(8) [(7)] satisfy any other eligibility requirements
prescribed by law for the office.
(a-4) Subsection (a)(4) applies only to a felony:
(1) that has as an element the intentional or knowing
use, attempted use, or threatened use of force; or
(2) under any of the following provisions of the Penal
Code:
(A) Title 5;
(B) Section 25.02;
(C) Section 25.04;
(D) Section 25.08;
(E) Section 28.02;
(F) Chapter 29;
(G) Section 30.02;
(H) Section 42.02;
(I) Section 42.072;
(J) Section 42.09;
(K) Section 42.091;
(L) Section 42.092;
(M) Section 42.10;
(N) Section 42.105;
(O) Section 43.05;
(P) Section 43.25;
(Q) Section 43.251;
(R) Section 76.02;
(S) Section 76.03; or
(T) Section 76.04.
SECTION 2. Sections 141.031(a) and (a-1), Election Code,
are amended to read as follows:
(a) A candidate's application for a place on the ballot that
is required by this code must:
(1) be in writing;
(2) be signed and sworn to before a person authorized
to administer oaths in this state by the candidate and indicate the
date that the candidate swears to the application;
(3) be timely filed with the appropriate authority;
and
(4) include:
(A) the candidate's name;
(B) the candidate's occupation;
(C) the office sought, including any place number
or other distinguishing number;
(D) an indication of whether the office sought is
to be filled for a full or unexpired term if the office sought and
another office to be voted on have the same title but do not have
place numbers or other distinguishing numbers;
(E) a statement that the candidate is a United
States citizen;
(F) a statement that the candidate has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(i) totally mentally incapacitated; or
(ii) partially mentally incapacitated
without the right to vote;
(G) an indication that the candidate has either
not been finally convicted of a felony described by Section
141.001(a-4) or if so convicted has been pardoned or otherwise
released from the resulting disabilities;
(H) the candidate's date of birth;
(I) the candidate's residence address or, if the
residence has no address, the address at which the candidate
receives mail and a concise description of the location of the
candidate's residence;
(J) the candidate's length of continuous
residence in the state and in the territory from which the office
sought is elected as of the date the candidate swears to the
application;
(K) the statement: "I, __________, of __________
County, Texas, being a candidate for the office of __________,
swear that I will support and defend the constitution and laws of
the United States and of the State of Texas";
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code; [and]
(M) a public mailing address at which the
candidate receives correspondence relating to the candidate's
campaign, if available, and an electronic mail address at which the
candidate receives correspondence relating to the candidate's
campaign, if available; and
(N) an indication that the candidate has either
not been finally convicted of a felony other than a felony described
by Section 141.001(a-4), or if so convicted has:
(i) fully discharged the sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
(ii) been pardoned or otherwise released
from the resulting disabilities.
(a-1) A person who has been convicted of a felony shall
include in the application proof that the person is eligible for
public office under Section 141.001(a)(4) or (a)(7).
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, 2025.