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  H.B. No. 148
 
 
 
 
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.  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