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  By: Guillen H.B. No. 4555
  relating to a person running for office that has been convicted of a
         SECTION 1.  Section 141.001, Election Code, is amended to
  read as follows:
  (a) To be eligible to be a candidate for, or elected or appointed
  to, a public elective office in this state, a person must:
               (1)  be a United States citizen;
               (2)  be 18 years of age or older on the first day of the
  term to be filled at the election or on the date of appointment, as
               (3)  have not been determined by a final judgment of a
  court exercising probate jurisdiction to be:
                     (A)  totally mentally incapacitated; or
                     (B)  partially mentally incapacitated without the
  right to vote;
               (4)  have not been finally convicted of a felony from
  which the person has not been pardoned or otherwise released from
  the resulting disabilities, and before filing as a candidate must;
                     (A)  provide proof that they have been pardoned,
                     (B)  been released from the resulting
               (5)  have resided continuously in the state for 12
  months and in the territory from which the office is elected for six
  months immediately preceding the following date:
                     (A)  for a candidate whose name is to appear on a
  general primary election ballot, the date of the regular filing
  deadline for a candidate's application for a place on the ballot;
                     (B)  for an independent candidate, the date of the
  regular filing deadline for a candidate's application for a place
  on the ballot;
                     (C)  for a write-in candidate, the date of the
  election at which the candidate's name is written in;
                     (D)  for a party nominee who is nominated by any
  method other than by primary election, the date the nomination is
  made; and
                     (E)  for an appointee to an office, the date the
  appointment is made;
               (6)  on the date described by Subdivision (5), be
  registered to vote in the territory from which the office is
  elected; and
               (7)  satisfy any other eligibility requirements
  prescribed by law for the office.
         (a-1)  For purposes of satisfying the continuous residency
  requirement of Subsection (a)(5), a person who claims an intent to
  return to a residence after a temporary absence may establish that
  intent only if the person:
               (1)  has made a reasonable and substantive attempt to
  effectuate that intent; and
               (2)  has a legal right and the practical ability to
  return to the residence.
         (a-2)  Subsection (a-1) does not apply to a person displaced
  from the person's residence due to a declared local, state, or
  national disaster.
         (a-3)  The authority with whom an application for a place on
  a general primary election ballot is filed under Section 172.022
  shall, to the extent permitted by law, use Subsections (a) and (a-1)
  in determining whether a candidate meets the residency requirements
  for a public elective office.
         (b)  A statute outside this code supersedes Subsection (a) to
  the extent of any conflict.
         (c)  Subsection (a) does not apply to an office for which the
  federal or state constitution or a statute outside this code
  prescribes exclusive eligibility requirements.
         (d)  Subsection (a)(6) does not apply to a member of the
  governing body of a district created under Section 52(b)(1) or (2),
  Article III, or Section 59, Article XVI, Texas Constitution.
         (a-4)  A person filing as a candidate under subsection (a)
  that has been convicted of a felony and fails to acknowledge on any
  election filing form they were convicted of a felony is an offense
  punishable under Section 37.10 of the Penal Code. 
         SECTION 2.  This Act takes effect September 1, 2021.