H.B. No. 54




AN ACT



relating to certain early voting by mail procedures
and to the prevention of voting fraud generally; providing
criminal penalties.


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


	SECTION 1.  Section 1.012, Election Code, is amended
by adding Subsection (d) to read as follows:


	(d)  In this code, "election record" includes:


		(1)  anything distributed or received by government
under this code;


		(2)  anything required by law to be kept by others
for information of government under this code; or


		(3)  a certificate, application, notice, report,
or other document or paper issued or received by government
under this code.


	SECTION 2.  Chapter 1, Election Code, is amended by
adding Sections 1.017, 1.018, and 1.019 to read as
follows:


	Sec. 1.017.  INELIGIBILITY NO DEFENSE TO PROSECUTION.
 It is no defense to prosecution under this code that
a person who receives an official ballot is ineligible
to vote in the election for which the ballot is received.


	Sec. 1.018.  APPLICABILITY OF PENAL CODE.  In addition
to Section 1.03, Penal Code, and to other titles of
the Penal Code that may apply to this code, Title 4,
Penal Code, applies to offenses prescribed by this
code.


	Sec. 1.019.  REQUIRED EVIDENCE OR TESTIMONY.  (a)
 A party to an offense under this code may be required
to furnish evidence or testimony about the offense.


	(b)  Evidence or testimony required to be furnished
under this section, or information directly or indirectly
derived from that evidence or testimony, may not be
used against the party providing the evidence or testimony
in a criminal case except for a prosecution of aggravated
perjury or contempt.


	SECTION 3.  Section 64.012(a), Election Code, is amended
to read as follows:


	(a)  A person commits an offense if the person:


		(1)  votes or attempts to vote in an election in which
the person knows the person is not eligible to vote;


		(2)  knowingly votes or attempts to vote more than once
in an election; [or]


		(3)  knowingly impersonates another person and votes
or attempts to vote as the impersonated person;
or


		(4)  knowingly marks or attempts to mark another
person's ballot without the consent of that person.


	SECTION 4.  Subchapter B, Chapter 64, Election Code,
is amended by adding Section 64.0321 to read as follows:


	Sec. 64.0321.  DEFINITION.  For purposes of this
subchapter and Sections 85.035 and 86.010, assisting
a voter includes the following conduct by a person
other than the voter that occurs while the person is
in the presence of the voter's ballot or carrier envelope:


		(1)  reading the ballot to the voter;


		(2)  directing the voter to read the ballot;


		(3)  marking the voter's ballot; or


		(4)  directing the voter to mark the ballot.


	SECTION 5.   Sections 64.036(a) and (d), Election Code,
are amended to read as follows:


	(a)  A person commits an offense if the person knowingly:


		(1)  provides assistance to a voter who is not eligible
for assistance;


		(2)  while assisting a voter prepares the voter's ballot
in a way other than the way the voter directs or
without direction from the voter; [or]


		(3)  while assisting a voter suggests by word, sign,
or gesture how the voter should vote; or


		(4)  provides assistance to a voter who has not requested
assistance or selected the person to assist the voter.


	(d)  An offense under this section is a Class A
[B] misdemeanor.


	SECTION 6.  Section 81.005, Election Code, is amended
to read as follows:


	Sec. 81.005.  COMMON OR CONTRACT CARRIER.  (a)
 A common or contract carrier may not be used to perform
an act in accordance with this title unless the carrier:


		(1)  is a bona fide, for profit carrier, the
primary business of which is transporting or delivering
property for compensation and the business practices
of which are reasonable and prudent according to the
usual standards for the business in which it is engaged;


		(2)  routinely uses receipts that:


			(A)  permit the carrier to retrieve a receipt or
information contained in a receipt;


			(B)  provide space for the name and residence address
of a person who delivers a parcel to the carrier; and


			(C)  provide space for the date, time, and address
at which parcels are received by the carrier; and


		(3)  complies with laws requiring the carrier to
file an assumed name with each county in which the
carrier receives or delivers parcels or with the secretary
of state, as appropriate.


	(b)  A common or contract carrier may not be used
to perform an act in accordance with this title if
the carrier transports property as an incidental activity
of a nontransportation business activity regardless
of whether the carrier imposes a separate charge for
the transportation.


	SECTION 7.   Section 84.003, Election Code, is amended
to read as follows:


	Sec. 84.003.  SIGNING APPLICATION BY WITNESS; ASSISTING
APPLICANT.  (a)  An early voting ballot
application signed for the applicant by a witness other
than the early voting clerk or a deputy must indicate
the witness's relationship to the applicant or, if
unrelated, indicate that fact.


	(b)  A person who acts as a witness for an applicant
for an early voting ballot application commits an offense
if the person knowingly fails to comply with Section
1.011. A person who in the presence of the applicant
otherwise assists an applicant in completing an early
voting ballot application commits an offense if the
person knowingly fails to comply with Section 1.011(d)
in the same manner as a witness.


	(c)  An offense under this section is a Class A misdemeanor.


	(d)  Subsection (b) 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 8.  The heading to Section 84.004, Election
Code, is amended to read as follows:


	Sec. 84.004.  UNLAWFULLY WITNESSING APPLICATION FOR
MORE THAN ONE APPLICANT.


	SECTION 9.  Section 84.0041(b), Election Code, is amended
to read as follows:


	(b)  An offense under this section is a state jail
felony unless the person is the applicant, 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,
in which event the offense is a Class A misdemeanor.


	SECTION 10.  Section 84.011(a), Election Code, is amended
to read as follows:


	(a)  The officially prescribed application form for
an early voting ballot must include:


		(1)  immediately preceding the signature space the statement:
"I certify that the information given in this application
is true, and I understand that giving false information
in this application is a crime.";


		(2)  a statement informing the applicant of the offenses
[offense] prescribed by Sections
84.003 and [Section] 84.004;


		(3)  spaces for entering an applicant's voter registration
number and county election precinct of registration,
with a statement informing the applicant that failure
to furnish that information does not invalidate the
application; and


		(4)  on an application for a ballot to be voted by mail:


			(A)  a space for an applicant applying on the ground
of absence from the county of residence to indicate
the date on or after which the applicant can receive
mail at the address outside the county;


			(B)  a space for indicating the fact that an applicant
whose application is signed by a witness cannot make
the applicant's mark and a space for indicating the
relationship or lack of relationship of the witness
to the applicant;


			(C)  a space for entering an applicant's telephone number,
with a statement informing the applicant that failure
to furnish that information does not invalidate the
application;


			(D)  a space or box for an applicant applying on the
ground of age or disability to indicate that the address
to which the ballot is to be mailed is the address
of a facility or relative described by Section 84.002(a)(3),
if applicable;


			(E)  a space or box for an applicant applying on the
ground of confinement in jail to indicate that the
address to which the ballot is to be mailed is the
address of a relative described by Section 84.002(a)(4),
if applicable;


			(F)  spaces [a space] for entering
the signature, printed name, and residence
address of any person assisting the applicant;


			(G)  a statement informing the applicant of the condition
prescribed by Section 81.005; and


			(H)  a statement informing the applicant of the requirement
prescribed by Section 86.003(c).


	SECTION 11.  Section 84.032, Election Code, is amended
by adding Subsection (e) to read as follows:


	(e)  A request for cancellation in a manner other
than as authorized by this section, including a request
by letter, has no effect.


	SECTION 12.  Section 86.004, Election Code, is amended
to read as follows:


	Sec. 86.004.  TIME FOR PROVIDING BALLOT TO VOTER. The
balloting materials for voting by mail shall be mailed
to a voter entitled to vote by mail not later than
the seventh calendar day after the later of the date
the clerk accepts the voter's application for a ballot
to be voted by mail or the date [voters
as soon as practicable after] the ballots
become available for mailing, except that if that
mailing date is [but not] earlier
than the 45th day before election day, the balloting
materials shall be mailed not later than the 38th day
before election day.


	SECTION 13.  Chapter 86, Election Code, is amended by
adding Section 86.0051 to read as follows:


	Sec. 86.0051.  CARRIER ENVELOPE ACTION BY PERSON
OTHER THAN VOTER; OFFENSES.  (a)  A person commits
an offense if the person acts as a witness for a voter
in signing the certificate on the carrier envelope
and knowingly fails to comply with Section 1.011.


	(b)  A person other than the voter who deposits the
carrier envelope in the mail or with a common or contract
carrier must provide the person's signature, printed
name, and residence address on the reverse side of
the envelope.


	(c)  A person commits an offense if the person knowingly
violates Subsection (b).  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 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.


	(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 14.   Section 86.006, Election Code, is amended
by amending Subsections (a), (d), and (e) and adding
Subsections (f), (g), and (h) to read as follows:


	(a)  A marked ballot voted under this chapter must be
returned to the early voting clerk in the official
carrier envelope.  The carrier envelope may be delivered
in another envelope and must be transported and
delivered only by mail or by common or contract
carrier.


	(d)  Each carrier envelope that is delivered by a common
or contract carrier must be accompanied by an individual
delivery receipt for that particular carrier envelope
that indicates the name and residence address of
the individual who actually delivered the envelope
to the carrier and the date, hour, and address
at which the carrier envelope was received by the carrier
[unless the carrier does not routinely issue
a receipt, in which case the secretary of state shall
prescribe appropriate procedures for accounting for
the delivery].  A delivery of carrier envelopes
is prohibited by a common or contract carrier if the
delivery originates from the address of:


		(1)  an office [the headquarters]
of a political party or a candidate in the election;


		(2)  a candidate in the election unless the address
is the residence of the early voter;


		(3)  a specific-purpose or general-purpose political
committee involved in the election; or


		(4)  an entity that requested that the election be held,
unless the delivery is a forwarding to the early voting
clerk.


	(e)  Carrier envelopes may not be collected and stored
at another location for subsequent delivery to the
early voting clerk. The secretary of state shall prescribe
appropriate procedures to implement this subsection
and to provide accountability for the delivery of the
carrier envelopes from the voting place to the early
voting clerk.


	(f)  A person commits an offense if the person knowingly
possesses an official ballot or official carrier envelope
provided under this code to another.  Unless the person
possessed the ballot or carrier envelope with intent
to defraud the voter or the election authority, it
is an affirmative defense to prosecution under this
subsection that the person, on the date of the offense,
was:


		(1)  related to the voter within the second degree
by affinity or the third degree by consanguinity, as
determined under Subchapter B, Chapter 573, Government
Code;


		(2)  registered to vote at the same address as the
voter;


		(3)  an early voting clerk or a deputy early voting
clerk;


		(4)  a person who possesses the carrier envelope
in order to deposit the envelope in the mail or with
a common or contract carrier and who provides the information
required by Section 86.0051(b) in accordance with that
section;


		(5)  an employee of the United States Postal Service
working in the normal course of the employee's authorized
duties; or


		(6)  a common or contract carrier working in the
normal course of the carrier's authorized duties if
the official ballot is sealed in an official carrier
envelope that is accompanied by an individual delivery
receipt for that particular carrier envelope.


	(g)  An offense under Subsection (f) is:


		(1)  a Class B misdemeanor if the person possesses
at least one but fewer than 10 ballots or carrier envelopes
unless the person possesses the ballots or carrier
envelopes without the consent of the voters, in which
event the offense is a state jail felony;


		(2)  a Class A misdemeanor if the person possesses
at least 10 but fewer than 20 ballots or carrier envelopes
unless the person possesses the ballots or carrier
envelopes without the consent of the voters, in which
event the offense is a felony of the third degree;
or


		(3)  a state jail felony if the person possesses
20 or more ballots or carrier envelopes unless the
person possesses the ballots or carrier envelopes without
the consent of the voters, in which event the offense
is a felony of the second degree.


	(h)  A ballot returned in violation of this section
may not be counted.  If the early voting clerk determines
that the ballot was returned in violation of this section,
the clerk shall make a notation on the carrier envelope
and treat it as a ballot not timely returned in accordance
with Section 86.011(c).  If the ballot is returned
before the end of the period for early voting by personal
appearance, the early voting clerk shall promptly mail
or otherwise deliver to the voter a written notice
informing the voter that:


		(1)  the voter's ballot will not be counted because
of a violation of this code; and


		(2)  the voter may vote if otherwise eligible at an
early voting polling place or the election day precinct
polling place on presentation of the notice.


	SECTION 15.  Section 86.010, Election Code, is amended
by amending Subsection (c) and adding Subsections (e),
(f), (g), and (h) to read as follows:


	(c)  The person assisting the voter must sign a written
oath prescribed by Section 64.034 that is part of
the certificate on the official carrier envelope.


	(e)  A person who assists a voter to prepare a ballot
to be voted by mail shall enter the person's signature,
printed name, and residence address on the official
carrier envelope of the voter.


	(f)  A person commits an offense if the person knowingly
fails to provide the information on the official carrier
envelope as required by Subsection (e).


	(g)  An offense under this section is a 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.


	(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 16.  Section 86.013, Election Code, is amended
by amending Subsections (b), (d), and (f) and adding
Subsection (g) to read as follows:


	(b)  Spaces [for indicating the identity and
date of the election] must appear on the reverse
side of the official carrier envelope for:


		(1)  indicating the identity and date of the election;
and


		(2)  entering the signature, printed name, and residence
address of a person other than the voter who deposits
the carrier envelope in the mail or with a common or
contract carrier.


	(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; [and]


		(3)  the requirements for the legal execution and delivery
of the carrier envelope;


		(4)  the prohibition prescribed by Section 86.006(e);
and


		(5)  the offenses prescribed by Sections 86.006(f)
and 86.010(f).


	(f)  The oath of a person assisting a voter must be
included on the official carrier envelope as part
of the certificate prescribed by Subsection (c).


	(g)  The secretary of state by rule shall require
that a notice informing voters of the telephone number
established under Section 31.0055 and the purpose of
the telephone number be printed on:


		(1)  the official carrier envelope; or


		(2)  an insert enclosed with the balloting materials
for voting by mail sent to the voter.


	SECTION 17.  Section 87.121(f), Election Code, is amended
to read as follows:


	(f)  Information on the roster for a person to whom
an early voting mail ballot has been sent is not available
for public inspection, except to the voter seeking
to verify that the information pertaining to the voter
is accurate, until the first business day after[:


		[(1)  72 hours after the time a ballot is mailed
to the voter; or


		[(2)  48 hours after the time a ballot is mailed
to the voter if the mailing occurs on the fourth day
before] election day.


	SECTION 18.  Section 87.121, Election Code, is amended
by adding Subsection (h) to read as follows:


	(h)  Information on the roster for a person who votes
an early voting ballot by mail shall be made available
for public inspection not later than the day following
the day the early voting clerk receives a ballot voted
by mail.


	SECTION 19.  Chapter 276, Election Code, is amended
by adding Section 276.010 to read as follows:


	Sec. 276.010.  UNLAWFUL BUYING AND SELLING OF BALLOTING
MATERIALS.  (a)  A person commits an offense if the
person buys, offers to buy, sells, or offers to sell
an official ballot, official ballot envelope, official
carrier envelope, signed application for an early voting
mail ballot, or any other original election record.


	(b)  This section does not apply to a person who
executes a written contract for the procurement of
election supplies necessary to conduct an election
under Section 51.003.


	(c)  An offense under this section is a state jail
felony unless a voter sells a ballot, ballot envelope,
or carrier envelope that has been provided to the voter
by government, in which event the offense is a Class
B misdemeanor.


	SECTION 20.  Section 31.03(e), Penal Code, is amended
to read as follows:


	(e)  Except as provided by Subsection (f), an offense
under this section is:


		(1)  a Class C misdemeanor if the value of the property
stolen is less than:


			(A)  $50; or


			(B)  $20 and the defendant obtained the property by
issuing or passing a check or similar sight order in
a manner described by Section 31.06;


		(2)  a Class B misdemeanor if:


			(A)  the value of the property stolen is:


				(i)  $50 or more but less than $500; or


				(ii)  $20 or more but less than $500 and the defendant
obtained the property by issuing or passing a check
or similar sight order in a manner described by Section
31.06; or


			(B)  the value of the property stolen is less than:


				(i)  $50 and the defendant has previously been convicted
of any grade of theft; or


				(ii)  $20, the defendant has previously been convicted
of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight
order in a manner described by Section 31.06;


		(3)  a Class A misdemeanor if the value of the property
stolen is $500 or more but less than $1,500;


		(4)  a state jail felony if:


			(A)  the value of the property stolen is $1,500 or more
but less than $20,000, or the property is less than
10 head of cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code,
or any part thereof under the value of $20,000, or
less than 100 head of sheep, swine, or goats or any
part thereof under the value of $20,000;


			(B)  regardless of value, the property is stolen from
the person of another or from a human corpse or grave;


			(C)  the property stolen is a firearm, as defined by
Section 46.01; [or]


			(D)  the value of the property stolen is less than $1,500
and the defendant has been previously convicted two
or more times of any grade of theft; or


			(E)  the property stolen is an official ballot or
official carrier envelope for an election;


		(5)  a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000,
or the property is:


			(A)  10 or more head of cattle, horses, or exotic livestock
or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having
an aggregate value of less than $100,000;  or


			(B)  100 or more head of sheep, swine, or goats stolen
during a single transaction and having an aggregate
value of less than $100,000;


		(6)  a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000;
or


		(7)  a felony of the first degree if the value of the
property stolen is $200,000 or more.


	SECTION 21.  Section 37.01(2), Penal Code, is amended
to read as follows:


		(2)  "Governmental record" means:


			(A)  anything belonging to, received by, or kept by
government for information, including a court record;


			(B)  anything required by law to be kept by others for
information of government;


			(C)  a license, certificate, permit, seal, title, letter
of patent, or similar document issued by government,
by another state, or by the United States; [or]


			(D)  a standard proof of motor vehicle liability insurance
form described by Section 601.081, Transportation Code,
a certificate of an insurance company described by
Section 601.083 of that code, a document purporting
to be such a form or certificate that is not issued
by an insurer authorized to write motor vehicle liability
insurance in this state, an electronic submission in
a form described by  Section 502.153(i), Transportation
Code, or an evidence of financial responsibility described
by Section 601.053 of that code; or


			(E)  an official ballot or other election record.


	SECTION 22.  In the enforcement of the provisions of
this Act, a district or county attorney may not, for
the purpose of intimidating a group of voters, prosecute
a person on account of the person's race, ethnicity,
or age.  A violation of this section may be prosecuted
under Section 36.03 or 39.03, Penal Code.


	SECTION 23.  The changes in law made by this Act apply
only to an election for which the action ordering the
election is taken on or after the effective date of
this Act.  An election for which the action ordering
the election is taken before the effective date of
this Act is governed by the law in effect on the date
that action is taken, and the former law is continued
in effect for this purpose.


	SECTION 24.  This Act takes effect September 1, 2003.
______________________________ ______________________________ 

   President of the Senate		Speaker of the House

I certify that H.B. No. 54 was passed by the House on April 9, 2003, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 54 on May 28, 2003, by a non-record vote.

______________________________

Chief Clerk of the House

I certify that H.B. No. 54 was passed by the Senate, with amendments, on May 26, 2003, by a viva-voce vote.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor