bill narrowing the felony bar on running for office

The text as introduced · 1,065 words

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.