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AN ACT
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relating to aid provided to certain voters; providing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 86, Election Code, is amended by adding |
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Section 86.0052 to read as follows: |
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Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION |
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PROHIBITED. (a) A person commits an offense if the person: |
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(1) compensates another person for depositing the |
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carrier envelope in the mail or with a common or contract carrier as |
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provided by Section 86.0051(b), as part of any performance-based |
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compensation scheme based on the number of ballots deposited or in |
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which another person is presented with a quota of ballots to deposit |
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as provided by Section 86.0051(b); |
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(2) engages in another practice that causes another |
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person's compensation from or employment status with the person to |
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be dependent on the number of ballots deposited as provided by |
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Section 86.0051(b); or |
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(3) with knowledge that accepting compensation for |
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such activity is illegal, accepts compensation for an activity |
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described by Subdivision (1) or (2). |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a misdemeanor punishable by: |
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(1) confinement in jail for a term of not more than one |
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year or less than 30 days; or |
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(2) confinement described by Subdivision (1) and a |
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fine not to exceed $4,000. |
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(c) An offense under this section is a state jail felony if |
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it is shown on the trial of an offense under this section that the |
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defendant was previously convicted two or more times under this |
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section. |
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(d) An officer, director, or other agent of an entity that |
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commits an offense under this section is punishable for the |
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offense. |
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(e) For purposes of this section, compensation means any |
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form of monetary payment, goods, services, benefits, or promises or |
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offers of employment, or any other form of consideration offered to |
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another person in exchange for depositing ballots. |
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SECTION 2. Chapter 86, Election Code, is amended by adding |
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Section 86.0105 to read as follows: |
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Sec. 86.0105. COMPENSATION FOR ASSISTING VOTERS |
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PROHIBITED. (a) A person commits an offense if the person: |
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(1) compensates another person for assisting voters as |
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provided by Section 86.010, as part of any performance-based |
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compensation scheme based on the number of voters assisted or in |
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which another person is presented with a quota of voters to be |
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assisted as provided by Section 86.010; |
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(2) engages in another practice that causes another |
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person's compensation from or employment status with the person to |
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be dependent on the number of voters assisted as provided by Section |
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86.010; or |
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(3) with knowledge that accepting compensation for |
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such activity is illegal, accepts compensation for an activity |
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described by Subdivision (1) or (2). |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a misdemeanor punishable by: |
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(1) confinement in jail for a term of not more than one |
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year or less than 30 days; or |
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(2) confinement described by Subdivision (1) and a |
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fine not to exceed $4,000. |
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(c) An offense under this section is a state jail felony if |
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it is shown on the trial of an offense under this section that the |
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defendant was previously convicted two or more times under this |
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section. |
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(d) An officer, director, or other agent of an entity that |
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commits an offense under this section is punishable for the |
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offense. |
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(e) For purposes of this section, compensation means any |
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form of monetary payment, goods, services, benefits, or promises or |
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offers of employment, or any other form of consideration offered to |
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another person in exchange for assisting voters. |
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SECTION 3. Section 86.013(d), Election Code, is amended to |
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read as follows: |
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(d) The following textual material, as prescribed by the |
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secretary of state, must be printed on the reverse side of the |
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official carrier envelope or on a separate sheet accompanying the |
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carrier envelope when it is provided: |
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(1) the prohibition prescribed by Section 86.006(b); |
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(2) the conditions for delivery by common or contract |
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carrier prescribed by Sections 81.005 and 86.006; |
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(3) the requirements for the legal execution and |
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delivery of the carrier envelope, including the prohibition on |
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compensation for depositing carrier envelopes containing ballots |
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voted by other persons under Section 86.0052; |
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(4) the prohibition prescribed by Section 86.006(e); |
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and |
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(5) the offenses prescribed by Sections 86.006(f) and |
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86.010(f). |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 148 was passed by the House on April |
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26, 2013, by the following vote: Yeas 93, Nays 48, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 148 on May 23, 2013, by the following vote: Yeas 132, Nays 11, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 148 was passed by the Senate, with |
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amendments, on May 21, 2013, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |