89R14440 JDK-D

By: Virdell H.B. No. 5222

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of persons finally convicted of a felony to run for certain public offices.

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

SECTION 1. Section 141.001, Election Code, is amended by amending Subsection (a) and adding Subsection (a-4) 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 applicable;

(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 described by Subsection (a-4) from which the person has not been pardoned or otherwise released from the resulting disabilities;

(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;

(7) if convicted of a felony not described by Subsection (a-4), have:

(A) fully discharged the sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or

(B) been pardoned or otherwise released from the resulting disabilities; and

(8) [(7)] satisfy any other eligibility requirements prescribed by law for the office.

(a-4) Subsection (a)(4) applies only to a felony:

(1) that has as an element the intentional or knowing use, attempted use, or threatened use of force; or

(2) under any of the following provisions of the Penal Code:

(A) Title 5;

(B) Section 25.02;

(C) Section 25.04;

(D) Section 25.08;

(E) Section 28.02;

(F) Chapter 29;

(G) Section 30.02;

(H) Section 42.02;

(I) Section 42.072;

(J) Section 42.09;

(K) Section 42.091;

(L) Section 42.092;

(M) Section 42.10;

(N) Section 42.105;

(O) Section 43.05;

(P) Section 43.25;

(Q) Section 43.251;

(R) Section 76.02;

(S) Section 76.03; or

(T) Section 76.04.

SECTION 2. Sections 141.031(a) and (a-1), Election Code, are amended to read as follows:

(a) A candidate's application for a place on the ballot that is required by this code must:

(1) be in writing;

(2) be signed and sworn to before a person authorized to administer oaths in this state by the candidate and indicate the date that the candidate swears to the application;

(3) be timely filed with the appropriate authority; and

(4) include:

(A) the candidate's name;

(B) the candidate's occupation;

(C) the office sought, including any place number or other distinguishing number;

(D) an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers;

(E) a statement that the candidate is a United States citizen;

(F) a statement that the candidate has not been determined by a final judgment of a court exercising probate jurisdiction to be:

(i) totally mentally incapacitated; or

(ii) partially mentally incapacitated without the right to vote;

(G) an indication that the candidate has either not been finally convicted of a felony described by Section 141.001(a-4) or if so convicted has been pardoned or otherwise released from the resulting disabilities;

(H) the candidate's date of birth;

(I) the candidate's residence address or, if the residence has no address, the address at which the candidate receives mail and a concise description of the location of the candidate's residence;

(J) the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application;

(K) the statement: "I, __________, of __________ County, Texas, being a candidate for the office of __________, swear that I will support and defend the constitution and laws of the United States and of the State of Texas";

(L) a statement that the candidate is aware of the nepotism law, Chapter 573, Government Code; [and]

(M) a public mailing address at which the candidate receives correspondence relating to the candidate's campaign, if available, and an electronic mail address at which the candidate receives correspondence relating to the candidate's campaign, if available; and

(N) an indication that the candidate has either not been finally convicted of a felony other than a felony described by Section 141.001(a-4), or if so convicted has:

(i) fully discharged the sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or

(ii) been pardoned or otherwise released from the resulting disabilities.

(a-1) A person who has been convicted of a felony shall include in the application proof that the person is eligible for public office under Section 141.001(a)(4) or (a)(7).

SECTION 3. The changes in law made by this Act apply only to the eligibility requirements for a candidate or officer whose term of office will begin on or after the effective date of this Act. The eligibility requirements for a candidate or officer whose term of office will begin before the effective date of this Act are governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.