Bill Text: TX HB148 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to aid provided to certain voters; providing criminal penalties.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB148 Detail]
Download: Texas-2013-HB148-Enrolled.html
H.B. No. 148 |
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relating to aid provided to certain voters; providing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 86, Election Code, is amended by adding | ||
Section 86.0052 to read as follows: | ||
Sec. 86.0052. COMPENSATION FOR CARRIER ENVELOPE ACTION | ||
PROHIBITED. (a) A person commits an offense if the person: | ||
(1) compensates another person for depositing the | ||
carrier envelope in the mail or with a common or contract carrier as | ||
provided by Section 86.0051(b), as part of any performance-based | ||
compensation scheme based on the number of ballots deposited or in | ||
which another person is presented with a quota of ballots to deposit | ||
as provided by Section 86.0051(b); | ||
(2) engages in another practice that causes another | ||
person's compensation from or employment status with the person to | ||
be dependent on the number of ballots deposited as provided by | ||
Section 86.0051(b); or | ||
(3) with knowledge that accepting compensation for | ||
such activity is illegal, accepts compensation for an activity | ||
described by Subdivision (1) or (2). | ||
(b) Except as provided by Subsection (c), an offense under | ||
this section is a misdemeanor punishable by: | ||
(1) confinement in jail for a term of not more than one | ||
year or less than 30 days; or | ||
(2) confinement described by Subdivision (1) and a | ||
fine not to exceed $4,000. | ||
(c) An offense under this section is a state jail felony if | ||
it is shown on the trial of an offense under this section that the | ||
defendant was previously convicted two or more times under this | ||
section. | ||
(d) An officer, director, or other agent of an entity that | ||
commits an offense under this section is punishable for the | ||
offense. | ||
(e) For purposes of this section, compensation means any | ||
form of monetary payment, goods, services, benefits, or promises or | ||
offers of employment, or any other form of consideration offered to | ||
another person in exchange for depositing ballots. | ||
SECTION 2. Chapter 86, Election Code, is amended by adding | ||
Section 86.0105 to read as follows: | ||
Sec. 86.0105. COMPENSATION FOR ASSISTING VOTERS | ||
PROHIBITED. (a) A person commits an offense if the person: | ||
(1) compensates another person for assisting voters as | ||
provided by Section 86.010, as part of any performance-based | ||
compensation scheme based on the number of voters assisted or in | ||
which another person is presented with a quota of voters to be | ||
assisted as provided by Section 86.010; | ||
(2) engages in another practice that causes another | ||
person's compensation from or employment status with the person to | ||
be dependent on the number of voters assisted as provided by Section | ||
86.010; or | ||
(3) with knowledge that accepting compensation for | ||
such activity is illegal, accepts compensation for an activity | ||
described by Subdivision (1) or (2). | ||
(b) Except as provided by Subsection (c), an offense under | ||
this section is a misdemeanor punishable by: | ||
(1) confinement in jail for a term of not more than one | ||
year or less than 30 days; or | ||
(2) confinement described by Subdivision (1) and a | ||
fine not to exceed $4,000. | ||
(c) An offense under this section is a state jail felony if | ||
it is shown on the trial of an offense under this section that the | ||
defendant was previously convicted two or more times under this | ||
section. | ||
(d) An officer, director, or other agent of an entity that | ||
commits an offense under this section is punishable for the | ||
offense. | ||
(e) For purposes of this section, compensation means any | ||
form of monetary payment, goods, services, benefits, or promises or | ||
offers of employment, or any other form of consideration offered to | ||
another person in exchange for assisting voters. | ||
SECTION 3. Section 86.013(d), Election Code, is amended to | ||
read as follows: | ||
(d) The following textual material, as prescribed by the | ||
secretary of state, must be printed on the reverse side of the | ||
official carrier envelope or on a separate sheet accompanying the | ||
carrier envelope when it is provided: | ||
(1) the prohibition prescribed by Section 86.006(b); | ||
(2) the conditions for delivery by common or contract | ||
carrier prescribed by Sections 81.005 and 86.006; | ||
(3) the requirements for the legal execution and | ||
delivery of the carrier envelope, including the prohibition on | ||
compensation for depositing carrier envelopes containing ballots | ||
voted by other persons under Section 86.0052; | ||
(4) the prohibition prescribed by Section 86.006(e); | ||
and | ||
(5) the offenses prescribed by Sections 86.006(f) and | ||
86.010(f). | ||
SECTION 4. 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 on the date 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 5. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 148 was passed by the House on April | ||
26, 2013, by the following vote: Yeas 93, Nays 48, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 148 on May 23, 2013, by the following vote: Yeas 132, Nays 11, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 148 was passed by the Senate, with | ||
amendments, on May 21, 2013, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |