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A BILL TO BE ENTITLED
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AN ACT
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relating to a person running for office that has been 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. Section 141.001, Election Code, is amended to |
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read as follows: |
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Sec. 141.001. ELIGIBILITY REQUIREMENTS FOR PUBLIC OFFICE. |
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(a) To be eligible to be a candidate for, or elected or appointed |
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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 from |
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which the person has not been pardoned or otherwise released from |
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the resulting disabilities, and before filing as a candidate must; |
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(A) provide proof that they have been pardoned, |
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or |
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(B) been released from the resulting |
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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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(a-1) For purposes of satisfying the continuous residency |
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requirement of Subsection (a)(5), a person who claims an intent to |
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return to a residence after a temporary absence may establish that |
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intent only if the person: |
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(1) has made a reasonable and substantive attempt to |
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effectuate that intent; and |
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(2) has a legal right and the practical ability to |
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return to the residence. |
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(a-2) Subsection (a-1) does not apply to a person displaced |
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from the person's residence due to a declared local, state, or |
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national disaster. |
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(a-3) The authority with whom an application for a place on |
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a general primary election ballot is filed under Section 172.022 |
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shall, to the extent permitted by law, use Subsections (a) and (a-1) |
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in determining whether a candidate meets the residency requirements |
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for a public elective office. |
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(b) A statute outside this code supersedes Subsection (a) to |
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the extent of any conflict. |
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(c) Subsection (a) does not apply to an office for which the |
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federal or state constitution or a statute outside this code |
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prescribes exclusive eligibility requirements. |
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(d) Subsection (a)(6) does not apply to a member of the |
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governing body of a district created under Section 52(b)(1) or (2), |
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Article III, or Section 59, Article XVI, Texas Constitution. |
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(a-4) A person filing as a candidate under subsection (a) |
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that has been convicted of a felony and fails to acknowledge on any |
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election filing form they were convicted of a felony is an offense |
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punishable under Section 37.10 of the Penal Code. |
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SECTION 2. This Act takes effect September 1, 2021. |