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A BILL TO BE ENTITLED
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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. Section 64.036(d), Election Code, is amended to |
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read as follows: |
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(d) An offense under this section is a state jail felony |
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[Class A misdemeanor]. |
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SECTION 2. Section 86.0051, Election Code, is amended by |
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adding Subsection (b-1) and amending Subsections (c), (d), and (e) |
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to read as follows: |
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(b-1) A person may not deposit in the mail or with a common |
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or contract carrier more than two carrier envelopes containing |
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ballots voted by other persons in an election. |
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(c) A person commits an offense if the person knowingly |
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violates Subsection (b) or (b-1). It is not a defense to an offense |
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under this subsection that the voter voluntarily gave another |
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person possession of the voter's carrier envelope. |
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(d) An offense under this section is a state jail felony |
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[Class B misdemeanor], unless the person is convicted of an offense |
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under Section 64.036 for providing unlawful assistance to the same |
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voter in connection with the same ballot, in which event the offense |
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is a [state jail] felony of the third degree. |
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(e) Subsections (a) and (c) do not apply if the person is |
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related to the applicant within the second degree by affinity or the |
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third degree by consanguinity, as determined under Subchapter B, |
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Chapter 573, Government Code[, or is registered to vote at the same
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address as the applicant]. Subsection (c) does not apply to an |
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employee of a state licensed care facility where the voter resides |
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who is working in the normal course of the employee's authorized |
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duties. |
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SECTION 3. Section 86.006(f), Election Code, is amended to |
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read as follows: |
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(f) A person commits an offense if the person knowingly |
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possesses an official ballot or official carrier envelope provided |
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under this code to another. Unless the person possessed the ballot |
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or carrier envelope with intent to defraud the voter or the election |
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authority, this subsection does not apply to a person who, on the |
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date of the offense, was: |
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(1) related to the voter within the second degree by |
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affinity or the third degree by consanguinity, as determined under |
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Subchapter B, Chapter 573, Government Code; |
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(2) registered to vote at the same address as the |
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voter; |
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(3) an early voting clerk or a deputy early voting |
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clerk; |
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(4) a person who possesses the carrier envelope in |
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order to deposit the envelope in the mail or with a common or |
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contract carrier and who provides the information required by |
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Section 86.0051(b) in accordance with that section; |
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(5) an employee of the United States Postal Service |
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working in the normal course of the employee's authorized duties; |
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[or] |
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(6) a common or contract carrier working in the normal |
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course of the carrier's authorized duties if the official ballot is |
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sealed in an official carrier envelope that is accompanied by an |
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individual delivery receipt for that particular carrier envelope; |
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or |
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(7) an employee of a state licensed care facility |
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where the voter resides who is working in the normal course of the |
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employee's authorized duties. |
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SECTION 4. Sections 86.010(g) and (h), Election Code, are |
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amended to read as follows: |
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(g) An offense under this section is a state jail felony |
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[Class A misdemeanor] unless the person is convicted of an offense |
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under Section 64.036 for providing unlawful assistance to the same |
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voter, in which event the offense is a [state jail] felony of the |
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third degree. |
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(h) Subsection (f) does not apply if the person is related |
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to the applicant within the second degree by affinity or the third |
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degree by consanguinity, as determined under Subchapter B, Chapter |
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573, Government Code[, or is registered to vote at the same address
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as the applicant]. |
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SECTION 5. 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 6. This Act takes effect September 1, 2013. |