Bill Text: TX HB148 | 2013-2014 | 83rd Legislature | Enrolled

Texas House Bill 148 (Prior Session Legislation)

Bill Title: Relating to aid provided to certain voters; providing criminal penalties.

Sponsorship: Partisan Bill (Republican 8)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB148 Detail]

Download: Texas-2013-HB148-Enrolled.html



	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