Amend SB 1392 (Senate committee printing) as follows:
(1) In SECTION 1 of the bill, strike amended Subdivision
(4), Section 682, Texas Probate Code (page 1, lines 23 through 30),
and substitute:
(4) the nature and degree of the alleged incapacity,
the specific areas of protection and assistance requested, and the
limitation or termination of rights requested to be included in the
court's order of appointment, including a termination of:
(A) the right of a proposed ward who is 18 years
of age or older to vote in a public election; and
(B) the proposed ward's eligibility to hold or
obtain a license to operate a motor vehicle under Chapter 521,
Transportation Code;
(2) In SECTION 2 of the bill, in Subdivision (6), Subsection
(a), Section 687, Texas Probate Code (page 2, lines 47 and 48),
strike proposed Paragraph (A) and substitute:
(A) has the mental capacity to vote in a public
election; and
(3) Strike SECTION 3 of the bill (page 2, line 53, through
page 3, line 27) and substitute the following:
SECTION 3. Section 693, Texas Probate Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) If it is found that the proposed ward is totally without
capacity as provided by this code to care for himself or herself and
to manage the individual's property, the court may appoint a
guardian of the individual's person or estate, or both, with full
authority over the incapacitated person except as provided by law.
An order appointing a guardian under this subsection must contain
findings of fact and specify:
(1) the information required by Subsection (c) of this
section;
(2) that the guardian has full authority over the
incapacitated person; [and]
(3) if necessary, the amount of funds from the corpus
of the person's estate the court will allow the guardian to expend
for the education and maintenance of the person under Section 776 of
this code; and
(4) whether the person is totally incapacitated
because of a mental condition.
(a-1) If the court finds that a person is totally
incapacitated because of a mental condition, the order under
Subsection (a) of this section must also state that, because of the
person's total mental incapacity, the person is ineligible to:
(1) vote in a public election as provided by the
Election Code; and
(2) hold or obtain a license to operate a motor vehicle
under Chapter 521, Transportation Code.
(b) If it is found that the person lacks the capacity to do
some, but not all, of the tasks necessary to care for himself or
herself or to manage the individual's property, the court may
appoint a guardian with limited powers and permit the individual to
care for himself or herself or to manage the individual's property
commensurate with the individual's ability. An order appointing a
guardian under this subsection must contain findings of fact and
specify:
(1) the information required by Subsection (c) of this
section;
(2) the specific powers, limitations, or duties of the
guardian with respect to the care of the person or the management of
the person's property by the guardian; [and]
(3) if necessary, the amount of funds from the corpus
of the person's estate the court will allow the guardian to expend
for the education and maintenance of the person under Section 776 of
this code; and
(4) whether the person is incapacitated because of a
mental condition and, if so, whether the person retains the right to
vote in a public election or maintains eligibility to hold or obtain
a license to operate a motor vehicle under Chapter 521,
Transportation Code.
(4) Add the following appropriately numbered SECTIONS to
the bill and renumber subsequent SECTIONS accordingly:
SECTION ____. Sections 694G and 694H, Texas Probate Code,
are amended to read as follows:
Sec. 694G. ORDER OF COMPLETE RESTORATION OF WARD'S
CAPACITY. If the court finds that a ward is no longer an
incapacitated person, the order completely restoring the ward's
capacity must contain findings of fact and specify:
(1) the information required by Section 694J of this
code;
(2) that the ward is no longer an incapacitated
person;
(3) that there is no further need for a guardianship of
the person or estate of the ward;
(3-a) if the ward's incapacity resulted from a mental
condition, that the ward's mental capacity is completely restored;
(4) that the guardian is required to:
(A) immediately settle the guardianship in
accordance with this chapter; and
(B) deliver all of the remaining guardianship
estate to the ward; and
(5) that the clerk shall revoke letters of
guardianship when the guardianship is finally settled and closed.
Sec. 694H. MODIFICATION OF GUARDIANSHIP. If the court
finds that a guardian's powers or duties should be expanded or
limited, the order modifying the guardianship must contain findings
of fact and specify:
(1) the information required by Section 694J of this
code;
(2) the specific powers, limitations, or duties of the
guardian with respect to the care of the ward or the management of
the property of the ward, as appropriate;
(3) the specific areas of protection and assistance to
be provided to the ward;
(4) any limitation of the ward's rights; [and]
(5) if the ward's incapacity resulted from a mental
condition, whether the ward retains the right to vote; and
(6) that the clerk shall modify the letters of
guardianship to the extent applicable to conform to the order.
SECTION ____. Chapter 1, Election Code, is amended by
adding Section 1.020 to read as follows:
Sec. 1.020. VOTING DISABILITY OR CANDIDACY
DISQUALIFICATION: DETERMINATION OF MENTAL INCAPACITY. (a) A
person determined to be totally mentally incapacitated by a court
exercising probate jurisdiction is not subject to a voting
disability or candidacy disqualification under this code if,
subsequent to that determination, the person's mental capacity has
been completely restored by a final judgment of a court exercising
probate jurisdiction.
(b) A person determined to be partially mentally
incapacitated without the right to vote by a court exercising
probate jurisdiction is not subject to a voting disability or
candidacy disqualification under this code if, subsequent to that
determination, the person's guardianship has been modified to
include the right to vote or the person's mental capacity has been
completely restored by a final judgment of a court exercising
probate jurisdiction.
SECTION ____. Section 11.002, Election Code, is amended to
read as follows:
Sec. 11.002. QUALIFIED VOTER. In this code, "qualified
voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined [mentally incompetent] 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) has not been finally convicted of a felony or, if
so convicted, has:
(A) fully discharged the person's 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 disability to vote;
(5) is a resident of this state; and
(6) is a registered voter.
SECTION ____. Section 13.001(a), Election Code, is amended
to read as follows:
(a) To be eligible for registration as a voter in this
state, a person must:
(1) be 18 years of age or older;
(2) be a United States citizen;
(3) not have been determined [mentally incompetent] 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) not have been finally convicted of a felony or, if
so convicted, must have:
(A) fully discharged the person's 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 disability to vote; and
(5) be a resident of the county in which application
for registration is made.
SECTION ____. Section 13.002, Election Code, is amended by
amending Subsection (c) and adding Subsections (e) and (f) to read
as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined [mentally incompetent] 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;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the
Department of Public Safety or a statement by the applicant that the
applicant has not been issued a driver's license or personal
identification card; or
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number or a statement by the applicant that the
applicant has not been issued a social security number;
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; and
(10) the city and county in which the applicant
formerly resided.
(e) Instead of the statement required by Subsection (c)(5),
an applicant who has been determined to be totally mentally
incapacitated by a court and who is eligible to register because of
Section 1.020(a) shall include in the application a statement that
the person's mental capacity has been completely restored by a
final judgment of a court.
(f) Instead of the statement required by Subsection (c)(5),
an applicant who has been determined to be partially mentally
incapacitated without the right to vote by a court and who is
eligible to register because of Section 1.020(b) shall include in
the application a statement that the person's guardianship has been
modified to include the right to vote or the person's mental
capacity has been completely restored, as applicable, by a final
judgment of a court.
SECTION ____. The heading to Section 16.002, Election Code,
is amended to read as follows:
Sec. 16.002. MENTAL INCAPACITY [INCOMPETENCE].
SECTION ____. Section 16.002(a), Election Code, is amended
to read as follows:
(a) Each month the clerk of each court having proper
jurisdiction to adjudge a person mentally incapacitated
[incompetent] shall prepare an abstract of each final judgment of a
court served by the clerk, occurring in the month:
(1) [,] adjudging a person 18 years of age or older who
is a resident of the state to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(2) adjudging the mental capacity of a person 18 years
of age or older who is a resident of this state to be completely
restored; or
(3) modifying the guardianship of a person 18 years of
age or older to include the right to vote [incompetent].
SECTION ____. Section 16.031(a), Election Code, is amended
to read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b) or 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote [incompetence], conviction of a felony, or
disqualification under Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state; or
(6) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION ____. Section 141.001(a), Election Code, is amended
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 [mentally incompetent] 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 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; and
(6) satisfy any other eligibility requirements
prescribed by law for the office.
SECTION ____. Section 141.031, Election Code, is amended to
read as follows:
Sec. 141.031. GENERAL REQUIREMENTS FOR APPLICATION. (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 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 [mentally incompetent] 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) a statement that the candidate has not been
finally convicted of a felony from which the candidate has not 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"; and
(L) a statement that the candidate is aware of
the nepotism law, Chapter 573, Government Code.
(b) Instead of the statement required by Subsection
(a)(4)(F), a candidate eligible for office because of Section
1.020(a) shall include in the application a statement that the
person's mental capacity has been completely restored by a final
judgment of a court.
(c) Instead of the statement required by Subsection
(a)(4)(F), a candidate eligible for office because of Section
1.020(b) shall include in the application a statement that the
person's guardianship has been modified to include the right to
vote or the person's mental capacity has been completely restored,
as applicable, by a final judgment of a court.
SECTION ____. Section 143.005(b), Election Code, is amended
to read as follows:
(b) If a city charter prescribes the requirements that a
candidate's application must satisfy for the candidate's name to be
placed on the ballot, Section 141.031(a)(4)(L) [141.031(4)(L)]
also applies to the application. The other provisions of Section
141.031 do not apply.
SECTION ____. Section 144.003(b), Election Code, is amended
to read as follows:
(b) If a law outside this code purports to prescribe the
exclusive requirements that a candidate's application must satisfy
for the candidate's name to be placed on the ballot, Section
141.031(a)(4)(L) [141.031(4)(L)] also applies to the application.
The other provisions of Section 141.031 do not apply.
SECTION ____. Section 192.032(b), Election Code, is amended
to read as follows:
(b) An application must:
(1) comply with Section 141.031, except that:
(A) the application is not required to include a
candidate's occupation, length of residence, or statement that the
candidate is aware of the nepotism law; and
(B) the application must contain the applicable
information required by Section 141.031(a)(4) [141.031(4)] with
respect to both the presidential candidate and the running mate;
(2) state the names and residence addresses of
presidential elector candidates in a number equal to the number of
presidential electors that federal law allocates to the state; and
(3) be accompanied by:
(A) a petition that satisfies the requirements
prescribed by Section 141.062; and
(B) written statements signed by the
vice-presidential candidate and each of the presidential elector
candidates indicating that each of them consents to be a candidate.
(5) In SECTION 4 of the bill (page 3, line 28), between the
period and "The", insert "(a)".
(6) In SECTION 4 of the bill (page 3, line 28), between "Act"
and "apply", insert "to Sections 682, 687, and 693, Texas Probate
Code,".
(7) In SECTION 4 of the bill, between lines 34 and 35, insert
the following:
(b) The changes in law made by this Act to Sections 694G and
694H, Texas Probate Code, apply only to an application for the
restoration of a ward's capacity or the modification of a ward's
guardianship that is filed on or after the effective date of this
Act. An application for the restoration of a ward's capacity or the
modification of a ward's guardianship that is filed before the
effective date of this Act is governed by the law in effect on the
date the application was filed, and the former law is continued in
effect for that purpose.
(c) The changes in law made by this Act to the Election Code
apply only to an order issued or judgment entered by a court on or
after the effective date of this Act. An order issued or judgment
entered by a court before the effective date of this Act is governed
by the law as it existed immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.