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A BILL TO BE ENTITLED
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AN ACT
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relating to the restoration of certain rights to a criminal |
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defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 35.16(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) A challenge for cause is an objection made to a |
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particular juror, alleging some fact which renders the juror |
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incapable or unfit to serve on the jury. A challenge for cause may |
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be made by either the state or the defense for any one of the |
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following reasons: |
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1. That the juror is not a qualified voter in the state |
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and county under the Constitution and laws of the state; provided, |
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however, the failure to register to vote shall not be a |
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disqualification; |
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2. That the juror has been convicted of misdemeanor |
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theft or a felony and has not had the juror's right to serve as a |
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petit juror restored as provided by law; |
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3. That the juror is under indictment or other legal |
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accusation for misdemeanor theft or a felony; |
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4. That the juror is insane; |
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5. That the juror has such defect in the organs of |
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feeling or hearing, or such bodily or mental defect or disease as to |
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render the juror unfit for jury service, or that the juror is |
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legally blind and the court in its discretion is not satisfied that |
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the juror is fit for jury service in that particular case; |
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6. That the juror is a witness in the case; |
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7. That the juror served on the grand jury which found |
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the indictment; |
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8. That the juror served on a petit jury in a former |
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trial of the same case; |
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9. That the juror has a bias or prejudice in favor of |
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or against the defendant; |
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10. That from hearsay, or otherwise, there is |
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established in the mind of the juror such a conclusion as to the |
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guilt or innocence of the defendant as would influence the juror in |
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finding a verdict. To ascertain whether this cause of challenge |
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exists, the juror shall first be asked whether, in the juror's |
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opinion, the conclusion so established will influence the juror's |
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verdict. If the juror answers in the affirmative, the juror shall |
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be discharged without further interrogation by either party or the |
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court. If the juror answers in the negative, the juror shall be |
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further examined as to how the juror's conclusion was formed, and |
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the extent to which it will affect the juror's action; and, if it |
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appears to have been formed from reading newspaper accounts, |
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communications, statements or reports or mere rumor or hearsay, and |
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if the juror states that the juror feels able, notwithstanding such |
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opinion, to render an impartial verdict upon the law and the |
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evidence, the court, if satisfied that the juror is impartial and |
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will render such verdict, may, in its discretion, admit the juror as |
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competent to serve in such case. If the court, in its discretion, |
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is not satisfied that the juror is impartial, the juror shall be |
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discharged; |
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11. That the juror cannot read or write. |
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No juror shall be impaneled when it appears that the juror is |
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subject to the second, third or fourth grounds of challenge for |
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cause set forth above, although both parties may consent. All other |
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grounds for challenge may be waived by the party or parties in whose |
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favor such grounds of challenge exist. |
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In this subsection "legally blind" shall mean having not more |
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than 20/200 of visual acuity in the better eye with correcting |
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lenses, or visual acuity greater than 20/200 but with a limitation |
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in the field of vision such that the widest diameter of the visual |
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field subtends an angle no greater than 20 degrees. |
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SECTION 2. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 20A to read as follows: |
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Sec. 20A. RESTORATION OF CERTAIN RIGHTS. (a) At any time |
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after the defendant has satisfactorily completed one-third of the |
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original community supervision period or two years of community |
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supervision, whichever is less, and the defendant has successfully |
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completed a citizenship class and at least 10 hours of community |
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service under Subsection (b), the defendant may petition the court |
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to restore and the court may restore the following rights: |
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(1) the right to be a candidate for, or elected or |
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appointed to, a public elective office in this state; |
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(2) the right to vote; |
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(3) the right to serve as a petit juror; and |
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(4) the right to serve as an executor or administrator |
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of an estate for a person who is related to the defendant within the |
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third degree by consanguinity or within the second degree by |
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affinity, as determined under Chapter 573, Government Code. |
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(b) To be eligible for a restoration of rights under this |
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section, the defendant must: |
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(1) complete a citizenship class that is administered |
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by an organization or entity certified, in accordance with rules |
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adopted by the Texas Department of Criminal Justice, to provide |
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instruction regarding the rights and responsibilities of citizens |
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for the purposes of this section; |
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(2) complete at least 10 hours of community service; |
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and |
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(3) provide documentation of the defendant's |
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successful completion of the citizenship class and of at least 10 |
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hours of community service to the court on the filing of a petition |
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under Subsection (a). |
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(c) The court must rule on a petition filed under Subsection |
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(a) not later than the 180th day after the date the petition is |
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filed. If the court fails to rule on the petition on or before the |
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180th day after the date the petition is filed and if the defendant |
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is otherwise eligible for the restoration of rights under this |
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section, the court shall restore all of the defendant's rights |
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described by Subsection (a). |
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SECTION 3. Section 11.002, Election Code, is amended to |
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read as follows: |
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Sec. 11.002. QUALIFIED VOTER. In this code, "qualified |
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voter" means a person who: |
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(1) is 18 years of age or older; |
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(2) is a United States citizen; |
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(3) has not been determined mentally incompetent by a |
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final judgment of a court; |
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(4) has not been finally convicted of a felony or, if |
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so convicted, has: |
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(A) fully discharged the person's sentence, |
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including any term of incarceration, parole, or supervision, or |
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completed a period of community supervision [probation] ordered by |
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any court; |
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(B) had the person's right to vote restored as |
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provided by law; or |
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(C) [(B)] been pardoned or otherwise released |
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from the resulting disability to vote; |
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(5) is a resident of this state; and |
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(6) is a registered voter. |
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SECTION 4. Section 141.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have not been determined mentally incompetent by a |
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final judgment of a court; |
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(4) have not been finally convicted of a felony or, if |
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convicted, have: |
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(A) had the person's right to be a candidate for, |
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or elected or appointed to, a public elective office in this state |
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restored as provided by law; or |
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(B) [from which the person has not] been pardoned |
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or otherwise released from the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; and |
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(6) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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SECTION 5. Section 62.102, Government Code, is amended to |
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read as follows: |
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Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A |
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person is disqualified to serve as a petit juror unless the person: |
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(1) is at least 18 years of age; |
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(2) is a citizen of this state and of the county in |
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which the person is to serve as a juror; |
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(3) is qualified under the constitution and laws to |
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vote in the county in which the person is to serve as a juror; |
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(4) is of sound mind and good moral character; |
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(5) is able to read and write; |
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(6) has not served as a petit juror for six days during |
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the preceding three months in the county court or during the |
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preceding six months in the district court; |
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(7) has not been convicted of misdemeanor theft or a |
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felony or, if the person has been convicted of misdemeanor theft or |
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a felony, has had the person's right to serve as a petit juror |
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restored as provided by law; and |
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(8) is not under indictment or other legal accusation |
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for misdemeanor theft or a felony. |
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SECTION 6. Chapter 493, Government Code, is amended by |
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adding Section 493.026 to read as follows: |
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Sec. 493.026. CERTIFICATION TO INSTRUCT CITIZENSHIP |
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CLASSES. The department by rule shall establish eligibility |
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criteria, requirements, and procedures for certifying an |
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organization or entity to provide instruction regarding the rights |
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and responsibilities of citizens for the purposes of Section 20A, |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 7. Section 78, Texas Probate Code, is amended to |
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read as follows: |
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Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR |
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ADMINISTRATOR. A [No] person is disqualified [qualified] to serve |
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as an executor or administrator if the person [who] is: |
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(a) An incapacitated person; |
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(b) A convicted felon, under the laws either of the |
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United States or of any state or territory of the United States, or |
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of the District of Columbia, unless the [such] person has been duly |
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pardoned, or has had the person's [his] civil rights or right to |
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serve as an executor or administrator restored, in accordance with |
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law; |
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(c) A non-resident (natural person or corporation) of |
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this State who has not appointed a resident agent to accept service |
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of process in all actions or proceedings with respect to the estate, |
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and caused such appointment to be filed with the court; |
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(d) A corporation not authorized to act as a fiduciary |
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in this State; or |
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(e) A person whom the court finds unsuitable. |
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SECTION 8. This Act applies to a defendant placed on |
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community supervision before, on, or after the effective date of |
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this Act. |
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SECTION 9. This Act takes effect September 1, 2007. |