Bucy Felony Notification Bill Adds A Defense To Voting Prosecutions

The text as introduced · 463 words

89R1510 LRM-D

By: Bucy
H.B. No. 590

A BILL TO BE ENTITLED

AN ACT

relating to notification by the secretary of state when a person

convicted of a felony may register to vote.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.007, Election Code, is amended by

adding Subsection (d) to read as follows:

(d) It is an affirmative defense to prosecution under this

section that for a person not eligible to vote under Section

13.001(a)(4):

(1) the person represented on a registration

application that the person is eligible to register to vote; and

(2) the person received notice under Section

15.029(c).

SECTION 2. Subchapter B, Chapter 15, Election Code, is

amended by adding Section 15.029 to read as follows:

Sec. 15.029. NOTIFICATION OF REGISTRATION ELIGIBILITY BY

SECRETARY OF STATE. (a) This section applies to a person who is

ineligible to vote in this state under Section 13.001(a)(4) because

the person was finally convicted of a felony.

(b) The secretary of state shall coordinate with the Texas

Department of Criminal Justice, the Department of Public Safety,

and any other relevant agency to determine when a person to whom

this section applies is no longer ineligible to vote or apply for

voter registration under Section 13.001(a)(4)(A) or (B).

(c) At the time a person to whom this section applies is no

longer ineligible to vote under Section 13.001(a)(4)(A) or (B), the

secretary of state shall use best efforts to provide the person

with:

(1) a notice informing the person in plain language

that the person's felony conviction no longer disqualifies the

person from being eligible to register to vote, including a

complete list of eligibility requirements;

(2) instructions for registration; and

(3) a voter registration application.

(d) The secretary of state shall post on the secretary's

Internet website a generic version of the notice described by

Subsection (c)(1).

(e) The secretary of state shall adopt rules as necessary to

administer this section.

SECTION 3. Section 64.012, Election Code, is amended by

adding Subsection (e) to read as follows:

(e) It is an affirmative defense to prosecution under

Subsection (a)(1) that the person received notice under Section

15.029(c).

SECTION 4. The changes in law made by this Act in amending

Sections 13.007 and 64.012, Election Code, 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 when 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, 2025.