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A BILL TO BE ENTITLED
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AN ACT
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relating to a requirement that a registrar receive a court order to |
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cancel the voter registration of a person finally convicted of a |
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felony. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0193 to read as follows: |
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Art. 42.0193. FINDING REGARDING FELONY CONVICTION AND ORDER |
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CANCELING VOTER REGISTRATION. In the trial of a felony offense, if |
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the defendant is 18 years of age or older and is adjudged guilty of |
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the offense, the court shall: |
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(1) make an affirmative finding that the person has |
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been found guilty of a felony and enter the affirmative finding in |
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the judgment of the case; and |
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(2) at the time the conviction becomes final, issue an |
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order that the defendant's voter registration be canceled and send |
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the order to the secretary of state. |
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SECTION 2. Section 16.003, Election Code, is amended to |
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read as follows: |
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Sec. 16.003. FELONY CONVICTION. At the time the secretary |
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of state receives an order described by Article 42.0193, Code of |
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Criminal Procedure, the secretary of state shall determine if the |
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person named in the order is a registered voter in this state and, |
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if so, forward the order to the appropriate registrar. [Each
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weekday the Department of Public Safety is regularly open for
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business, the department shall:
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[(1)
prepare an abstract of each final judgment
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received by the department convicting a person 18 years of age or
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older who is a resident of the state of a felony; and
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[(2) file each abstract with the secretary of state.] |
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SECTION 3. Section 16.005, Election Code, is amended to |
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read as follows: |
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Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an |
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abstract or order received under this subchapter affects a |
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registered voter of the county, the registrar shall retain a copy of |
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the abstract on file with the affected voter's registration |
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application. |
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SECTION 4. Section 16.031, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The registrar shall cancel a voter's registration |
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immediately on receipt of: |
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(1) notice under Section 13.072(b) or 15.021 or a |
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response under Section 15.053 that the voter's residence is outside |
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the county; |
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(2) an abstract of the voter's death certificate under |
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Section 16.001(a) or an abstract of an application indicating that |
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the voter is deceased under Section 16.001(b); |
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(3) an abstract of a final judgment of the voter's |
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total mental incapacity, partial mental incapacity without the |
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right to vote, [conviction of a felony,] or disqualification under |
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Section 16.002[, 16.003,] or 16.004; |
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(4) a court order received under Section 16.003 |
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ordering the cancellation of the voter's registration because the |
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voter has been convicted of a felony; |
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(5) notice under Section 112.012 that the voter has |
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applied for a limited ballot in another county; |
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(6) [(5)] notice from a voter registration official in |
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another state that the voter has registered to vote outside this |
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state; |
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(7) [(6)] notice from the early voting clerk under |
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Section 101.053 that a federal postcard application submitted by an |
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applicant states a voting residence address located outside the |
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registrar's county; or |
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(8) [(7)] notice from the secretary of state that the |
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voter has registered to vote in another county, as determined by the |
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voter's driver's license number or personal identification card |
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number issued by the Department of Public Safety or social security |
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number. |
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(a-1) A registrar may not cancel a voter's registration on |
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the grounds that the voter has been convicted of a felony unless the |
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registrar has received a court order under Section 16.003. |
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SECTION 5. Section 16.036(a), Election Code, is amended to |
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read as follows: |
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(a) Immediately after, but not later than the 30th day after |
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the date a voter's registration is canceled under Section |
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16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar |
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shall deliver written notice of the cancellation to the voter. |
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SECTION 6. Section 18.061(e), Election Code, is amended to |
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read as follows: |
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(e) The secretary of state shall prescribe procedures to |
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ensure that when a voter registers in another county, as determined |
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under Section 16.031(a)(7) or (8) [16.031(a)(6)], the statewide |
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computerized voter registration list is updated to reflect the |
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voter's registration in the new county. |
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SECTION 7. The change in law made by this Act applies only |
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to a person convicted of a felony on or after the effective date of |
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this Act. |
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SECTION 8. This Act takes effect September 1, 2019. |