Bill Text: TX HB3578 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the cancellation of the voter registration of a person finally convicted of a felony.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2019-05-14 - Referred to State Affairs [HB3578 Detail]
Download: Texas-2019-HB3578-Engrossed.html
86R28333 ADM-D | ||
By: Klick, et al. | H.B. No. 3578 |
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relating to the cancellation of the voter registration of a person | ||
finally convicted of a felony. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0193 to read as follows: | ||
Art. 42.0193. FINDING REGARDING FELONY CONVICTION AND ORDER | ||
CANCELING VOTER REGISTRATION. In the trial of a felony offense, if | ||
the defendant is 18 years of age or older and is adjudged guilty of | ||
the offense, the court shall: | ||
(1) make an affirmative finding that the person has | ||
been found guilty of a felony and enter the affirmative finding in | ||
the judgment of the case; and | ||
(2) at the time the conviction becomes final, issue an | ||
order that the defendant's voter registration be canceled and send | ||
the order to the secretary of state. | ||
SECTION 2. Section 16.003, Election Code, is amended to | ||
read as follows: | ||
Sec. 16.003. FELONY CONVICTION. (a) At the time the | ||
secretary of state receives an order described by Article 42.0193, | ||
Code of Criminal Procedure, the secretary of state shall determine | ||
if the person named in the order is a registered voter in this state | ||
and, if so, forward the order to the appropriate registrar. | ||
(b) Each weekday the Department of Public Safety is | ||
regularly open for business, the department shall: | ||
(1) prepare an abstract of each final judgment | ||
received by the department convicting a person 18 years of age or | ||
older who is a resident of the state of a felony; and | ||
(2) file each abstract with the secretary of state. | ||
SECTION 3. Section 16.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an | ||
abstract or order received under this subchapter affects a | ||
registered voter of the county, the registrar shall retain a copy of | ||
the abstract or order on file with the affected voter's | ||
registration application. | ||
SECTION 4. Section 16.031(a), Election Code, is amended to | ||
read as follows: | ||
(a) The registrar shall cancel a voter's registration | ||
immediately on receipt of: | ||
(1) notice under Section 13.072(b) or 15.021 or a | ||
response under Section 15.053 that the voter's residence is outside | ||
the county; | ||
(2) an abstract of the voter's death certificate under | ||
Section 16.001(a) or an abstract of an application indicating that | ||
the voter is deceased under Section 16.001(b); | ||
(3) an abstract of a final judgment of the voter's | ||
total mental incapacity, partial mental incapacity without the | ||
right to vote, conviction of a felony, or disqualification under | ||
Section 16.002, 16.003(b) [ |
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(4) a court order received under Section 16.003(a) | ||
ordering the cancellation of the voter's registration because the | ||
voter has been convicted of a felony; | ||
(5) notice under Section 112.012 that the voter has | ||
applied for a limited ballot in another county; | ||
(6) [ |
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another state that the voter has registered to vote outside this | ||
state; | ||
(7) [ |
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Section 101.053 that a federal postcard application submitted by an | ||
applicant states a voting residence address located outside the | ||
registrar's county; or | ||
(8) [ |
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voter has registered to vote in another county, as determined by the | ||
voter's driver's license number or personal identification card | ||
number issued by the Department of Public Safety or social security | ||
number. | ||
SECTION 5. Section 16.036(a), Election Code, is amended to | ||
read as follows: | ||
(a) Immediately after, but not later than the 30th day after | ||
the date a voter's registration is canceled under Section | ||
16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar | ||
shall deliver written notice of the cancellation to the voter. | ||
SECTION 6. Section 18.061(e), Election Code, is amended to | ||
read as follows: | ||
(e) The secretary of state shall prescribe procedures to | ||
ensure that when a voter registers in another county, as determined | ||
under Section 16.031(a)(7) or (8) [ |
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computerized voter registration list is updated to reflect the | ||
voter's registration in the new county. | ||
SECTION 7. The change in law made by this Act applies only | ||
to a person convicted of a felony on or after the effective date of | ||
this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |