| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to aid provided to certain voters; providing criminal |
|
|
penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 64.036(d), Election Code, is amended to |
|
|
read as follows: |
|
|
(d) An offense under this section is a state jail felony |
|
|
[Class A misdemeanor]. |
|
|
SECTION 2. Section 86.0051, Election Code, is amended by |
|
|
adding Subsection (b-1) and amending Subsections (c), (d), and (e) |
|
|
to read as follows: |
|
|
(b-1) A person may not deposit in the mail or with a common |
|
|
or contract carrier more than two carrier envelopes containing |
|
|
ballots voted by other persons in an election. |
|
|
(c) A person commits an offense if the person knowingly |
|
|
violates Subsection (b) or (b-1). It is not a defense to an offense |
|
|
under this subsection that the voter voluntarily gave another |
|
|
person possession of the voter's carrier envelope. |
|
|
(d) An offense under this section is a state jail felony |
|
|
[Class B misdemeanor], unless the person is convicted of an offense |
|
|
under Section 64.036 for providing unlawful assistance to the same |
|
|
voter in connection with the same ballot, in which event the offense |
|
|
is a [state jail] felony of the third degree. |
|
|
(e) Subsections (a) and (c) do not apply if the person is |
|
|
related to the applicant within the second degree by affinity or the |
|
|
third degree by consanguinity, as determined under Subchapter B, |
|
|
Chapter 573, Government Code[, or is registered to vote at the same
|
|
|
address as the applicant]. |
|
|
SECTION 3. Sections 86.010(g) and (h), Election Code, are |
|
|
amended to read as follows: |
|
|
(g) An offense under this section is a state jail felony |
|
|
[Class A misdemeanor] unless the person is convicted of an offense |
|
|
under Section 64.036 for providing unlawful assistance to the same |
|
|
voter, in which event the offense is a [state jail] felony of the |
|
|
third degree. |
|
|
(h) Subsection (f) does not apply if the person is related |
|
|
to the applicant within the second degree by affinity or the third |
|
|
degree by consanguinity, as determined under Subchapter B, Chapter |
|
|
573, Government Code[, or is registered to vote at the same address
|
|
|
as the applicant]. |
|
|
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, 2011. |