By: Lewis, Aliseda, Branch, Harless, Pena, H.B. No. 804
      et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the offense of illegal voting by a person who is not a
  United States citizen.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 64, Election Code, is
  amended by adding Section 64.013 to read as follows:
         Sec. 64.013.  ILLEGAL VOTING BY PERSON WHO IS NOT UNITED
  STATES CITIZEN. (a) A person commits an offense if the person is
  not a citizen of the United States and the person votes or attempts
  to vote in an election in this state.
         (b)  An offense under this section is a felony of the second
  degree unless the person is convicted of an attempt. In that case,
  the offense is a state jail felony.
         
         (c)  It is an affirmative defense to prosecution for an
  offense under this section that the person believed in good faith
  that the person was a citizen of the United States.
         SECTION 2.  This Act takes effect September 1, 2011.