By: Hefner, et al. (Senate Sponsor - Hughes) H.B. No. 1243

(In the Senate - Received from the House May 1, 2023; May 1, 2023, read first time and referred to Committee on State Affairs; May 22, 2023, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 3; May 22, 2023, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 1243 By: Hughes

COMMITTEE VOTE

YeaNayAbsentPNV

HughesX

PaxtonX

BettencourtX

BirdwellX

LaMantiaX

MenéndezX

MiddletonX

ParkerX

PerryX

SchwertnerX

ZaffiriniX

A BILL TO BE ENTITLED

AN ACT

relating to conduct constituting the criminal offense of illegal voting; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 64.012(a) and (b), Election Code, are amended to read as follows:

(a) A person commits an offense if the person knowingly or intentionally:

(1) votes or attempts to vote in an election in which the person knows of a particular circumstance that makes the person [is] not eligible to vote;

(2) votes or attempts to vote more than once in an election;

(3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person;

(4) marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or

(5) votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.

(b) An offense under this section is a felony of the second degree unless the person is convicted of an attempt. In that case, the offense is a state jail felony [Class A misdemeanor].

SECTION 2. The changes in law made by this Act apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.

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