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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility requirements for voting by persons |
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convicted of a felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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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) is not confined in a facility operated by or |
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under contract with the Texas Department of Criminal Justice [fully
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discharged the person's sentence, including any term of
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incarceration, parole, or supervision, or completed a period of
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probation ordered by any court]; or |
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(B) has been pardoned or otherwise released from |
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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 2. Section 13.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible for registration as a voter in this |
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state, a person must: |
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(1) be 18 years of age or older; |
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(2) be a United States citizen; |
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(3) not have been determined by a final judgment of a |
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court exercising probate jurisdiction to be: |
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(A) totally mentally incapacitated; or |
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(B) partially mentally incapacitated without the |
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right to vote; |
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(4) not have been finally convicted of a felony or, if |
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so convicted, must [have]: |
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(A) not be confined in a facility operated by or |
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under contract with the Texas Department of Criminal Justice [fully
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discharged the person's sentence, including any term of
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incarceration, parole, or supervision, or completed a period of
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probation ordered by any court]; or |
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(B) have been pardoned or otherwise released from |
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the resulting disability to vote; and |
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(5) be a resident of the county in which application |
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for registration is made. |
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SECTION 3. Section 16.003, Election Code, is amended to |
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read as follows: |
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Sec. 16.003. CONFINEMENT FOR FELONY CONVICTION. (a) Each |
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weekday the Department of Public Safety is regularly open for |
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business, the department shall: |
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(1) compile a list [prepare an abstract] of each final |
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judgment received by the department convicting a person 18 years of |
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age or older who is a resident of the state of a felony; and |
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(2) file the list [each abstract] with the secretary |
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of state and the Texas Department of Criminal Justice. |
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(b) Each week the Texas Department of Criminal Justice |
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shall: |
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(1) prepare an abstract containing the name of each |
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person named on a list filed under Subsection (a) who is currently |
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confined in a facility operated by or under contract with the Texas |
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Department of Criminal Justice; and |
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(2) file the abstract with the secretary of state. |
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(c) The secretary of state, the Department of Public Safety, |
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and the Texas Department of Criminal Justice shall adopt a |
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memorandum of understanding to implement this section. |
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SECTION 4. Section 16.031(a), Election Code, is amended to |
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read as follows: |
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(a) The registrar shall cancel a voter's registration |
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immediately on receipt of: |
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(1) notice under Section 13.072(b) or 15.021 or a |
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response under Section 15.053 that the voter's residence is |
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outside the county; |
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(2) an abstract of the voter's death certificate under |
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Section 16.001(a) or an abstract of an application indicating that |
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the voter is deceased under Section 16.001(b); |
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(3) an abstract of a final judgment of the voter's |
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total mental incapacity, partial mental incapacity without the |
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right to vote, confinement for conviction of a felony, or |
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disqualification under Section 16.002, 16.003, or 16.004; |
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(4) notice under Section 112.012 that the voter has |
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applied for a limited ballot in another county; |
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(5) notice from a voter registration official in |
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another state that the voter has registered to vote outside this |
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state; or |
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(6) notice from the secretary of state that the voter |
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has registered to vote in another county, as determined by the |
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voter's driver's license number or personal identification card |
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number issued by the Department of Public Safety or social security |
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number. |
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SECTION 5. This Act takes effect September 1, 2009. |