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  By: Dunnam H.B. No. 4422
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the fraudulent use or possession of
  identifying information related to voter registration or voter
  impersonation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.51(c), Penal Code, is amended to read
  as follows:
         (c)  An offense under this section is:
               (1)  a state jail felony if the number of items
  obtained, possessed, transferred, or used is less than five;
               (2)  a felony of the third degree if the number of items
  obtained, possessed, transferred, or used is five or more but less
  than 10 or if one or more items is obtained, possessed, transferred,
  or used by a person to obtain a voter registration certificate or
  used by a person to cast a vote;
               (3)  a felony of the second degree if the number of
  items obtained, possessed, transferred, or used is 10 or more but
  less than 50; or
               (4)  a felony of the first degree if the number of items
  obtained, possessed, transferred, or used is 50 or more.
         SECTION 2.  The change in law made by this Act applies 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
  governed by the law in effect when the offense was committed, and
  the former law is continued in effect for that purpose.  For
  purposes of this subsection, an offense was committed before the
  effective date of this Act if any element of the offense was
  committed before that date.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.