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By: Dutton (Senate Sponsor - Ellis) |
H.B. No. 1226 |
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(In the Senate - Received from the House May 6, 2011; |
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May 9, 2011, read first time and referred to Committee on State |
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Affairs; May 19, 2011, reported favorably by the following vote: |
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Yeas 6, Nays 1; May 19, 2011, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain persons who have received |
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deferred adjudication to vote. |
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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. (a) In this code, |
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"qualified 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) 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 probation ordered by any court; or |
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(B) been pardoned or otherwise released from the |
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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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(b) For purposes of Subsection (a)(4), a person is not |
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considered to have been finally convicted of an offense for which |
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the criminal proceedings are deferred without an adjudication of |
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guilt. |
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SECTION 2. Section 13.001, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) For purposes of Subsection (a)(4), a person is not |
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considered to have been finally convicted of an offense for which |
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the criminal proceedings are deferred without an adjudication of |
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guilt. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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