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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for a place on a ballot filed by a person |
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convicted of a felony and to the general requirements of an |
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application for a place on a ballot; decreasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.031, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A candidate's application for a place on the ballot that |
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is required by this code must: |
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(1) be in writing; |
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(2) be signed and sworn to before a person authorized |
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to administer oaths in this state by the candidate and indicate the |
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date that the candidate swears to the application; |
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(3) be timely filed with the appropriate authority; |
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and |
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(4) include: |
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(A) the candidate's name; |
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(B) the candidate's occupation; |
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(C) the office sought, including any place number |
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or other distinguishing number; |
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(D) an indication of whether the office sought is |
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to be filled for a full or unexpired term if the office sought and |
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another office to be voted on have the same title but do not have |
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place numbers or other distinguishing numbers; |
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(E) a statement that the candidate is a United |
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States citizen; |
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(F) a statement that the candidate has not been |
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determined by a final judgment of a court exercising probate |
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jurisdiction to be: |
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(i) totally mentally incapacitated; or |
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(ii) partially mentally incapacitated |
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without the right to vote; |
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(G) an indication [a statement] that the |
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candidate has either not been finally convicted of a felony or if so |
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convicted [from which the candidate] has [not] been pardoned or |
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otherwise released from the resulting disabilities; |
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(H) the candidate's date of birth; |
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(I) the candidate's residence address or, if the |
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residence has no address, the address at which the candidate |
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receives mail and a concise description of the location of the |
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candidate's residence; |
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(J) the candidate's length of continuous |
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residence in the state and in the territory from which the office |
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sought is elected as of the date the candidate swears to the |
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application; |
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(K) the statement: "I, __________, of __________ |
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County, Texas, being a candidate for the office of __________, |
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swear that I will support and defend the constitution and laws of |
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the United States and of the State of Texas"; |
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(L) a statement that the candidate is aware of |
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the nepotism law, Chapter 573, Government Code; and |
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(M) a public mailing address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available, and an electronic mail address at which the |
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candidate receives correspondence relating to the candidate's |
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campaign, if available. |
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(a-1) A person who has been convicted of a felony shall |
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include in the application proof that the person is eligible for |
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public office under Section 141.001(a)(4). |
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SECTION 2. Section 141.039, Election Code, is amended to |
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read as follows: |
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Sec. 141.039. OFFICIAL APPLICATION FORM. In addition to |
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the other statements and spaces for entering information that |
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appear on an officially prescribed form for an application for a |
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place on the ballot, each official form for an application that a |
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candidate is required to file under this code must include: |
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(1) a space for indicating the form in which the |
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candidate's name is to appear on the ballot; |
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(2) a space for the candidate's public mailing |
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address; |
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(3) spaces for the candidate's home and office |
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telephone numbers and e-mail address at which the candidate |
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receives correspondence relating to the candidate's campaign; |
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[and] |
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(4) a statement informing candidates that the |
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furnishing of the telephone numbers is optional; |
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(5) a statement informing candidates that knowingly |
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providing false information on the application under Section |
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141.031(a)(4)(G) constitutes a Class B misdemeanor; and |
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(6) a statement informing candidates that a candidate |
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who indicates under Section 141.031(a)(4)(G) that the candidate has |
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been convicted of a felony must comply with the requirements of |
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Section 141.031(a-1). |
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SECTION 3. Section 37.10(c), Penal Code, is amended by |
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amending Subdivision (1) and adding Subdivision (5) to read as |
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follows: |
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(c)(1) Except as provided by Subdivisions (2), (3), [and] |
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(4), and (5), and by Subsection (d), an offense under this section |
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is a Class A misdemeanor unless the actor's intent is to defraud or |
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harm another, in which event the offense is a state jail felony. |
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(5) An offense under this section is a Class B |
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misdemeanor if the governmental record is an application for a |
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place on the ballot under Section 141.031, Election Code, and the |
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actor knowingly provides false information under Subsection |
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(a)(4)(G) of that section. |
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SECTION 4. The change in law made by this Act applies to an |
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application for a place on the ballot filed on or after the |
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effective date of this Act. An application for a place on the |
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ballot filed before the effective date of this Act is covered by the |
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law in effect on the date the application was filed, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |
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* * * * * |