88R6179 MPF-D
 
  By: Hughes S.B. No. 2
 
 
 
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.