79S10365 DRH-D

By:  Zedler                                                       H.B. No. 76 



A BILL TO BE ENTITLED

AN ACT

relating to certain criminal offenses involving an election.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 64.036(d), Election Code, is amended to 
read as follows: 
	(d)  An offense under this section is a felony of the third 
degree [Class A misdemeanor].
	SECTION 2.  Section 86.006(g), Election Code, is amended to 
read as follows: 
	(g)  An offense under Subsection (f) is:                                       
		(1)  a Class A [B] misdemeanor if the person possesses 
or has possessed at least one but fewer than three [10] ballots or 
carrier envelopes during an election cycle unless the person 
possesses or has possessed the ballots or carrier envelopes without 
the consent of the voters, in which event the offense is a [state 
jail] felony of the third degree; or
		(2)  a felony of the third degree [Class A misdemeanor] 
if the person possesses or has possessed three or more [at least 10 
but fewer than 20] ballots or carrier envelopes during an election 
cycle unless the person possesses or has possessed the ballots or 
carrier envelopes without the consent of the voters, in which event 
the offense is a felony of the second [third] degree[;  or
		[(3)  a state jail felony if the person possesses 20 or 
more ballots or carrier envelopes unless the person possesses the 
ballots or carrier envelopes without the consent of the voters, in 
which event the offense is a felony of the second degree].
	SECTION 3.  Section 86.010(g), Election Code, is amended to 
read as follows: 
	(g)  An offense under this section is a felony of the third 
degree [Class A misdemeanor] unless the person is convicted of an 
offense under Section 64.036 for providing unlawful assistance to 
the same voter, in which event the offense is a [state jail] felony 
of the second degree.
	SECTION 4.  The changes in law made by this Act apply only to 
an offense committed on or after the effective date of this Act.  An 
offense committed before the effective date of this Act is covered 
by the law in effect at the time the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect November 1, 2005.