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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of persons finally convicted of a |
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felony for certain public offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 141.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be eligible to be a candidate for, or elected or |
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appointed to, a public elective office in this state, a person must: |
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(1) be a United States citizen; |
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(2) be 18 years of age or older on the first day of the |
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term to be filled at the election or on the date of appointment, as |
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applicable; |
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(3) have 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) have not been finally convicted of a felony or, if |
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so convicted, has: |
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(A) fully discharged that 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) [from which the person has not] been pardoned |
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or otherwise released from the resulting disabilities; |
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(5) have resided continuously in the state for 12 |
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months and in the territory from which the office is elected for six |
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months immediately preceding the following date: |
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(A) for a candidate whose name is to appear on a |
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general primary election ballot, the date of the regular filing |
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deadline for a candidate's application for a place on the ballot; |
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(B) for an independent candidate, the date of the |
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regular filing deadline for a candidate's application for a place |
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on the ballot; |
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(C) for a write-in candidate, the date of the |
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election at which the candidate's name is written in; |
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(D) for a party nominee who is nominated by any |
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method other than by primary election, the date the nomination is |
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made; and |
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(E) for an appointee to an office, the date the |
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appointment is made; |
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(6) on the date described by Subdivision (5), be |
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registered to vote in the territory from which the office is |
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elected; and |
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(7) satisfy any other eligibility requirements |
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prescribed by law for the office. |
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SECTION 2. Section 141.001, Election Code, is amended by |
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adding Subsection (a-4) to read as follows: |
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(a-4) 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. The changes in law made by this Act apply only to |
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the eligibility requirements for a candidate or officer whose term |
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of office will begin on or after the effective date of this Act. The |
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eligibility requirements for a candidate or officer whose term of |
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office will begin before the effective date of this Act are governed |
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by the law in effect immediately before the effective date of this |
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Act, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |