HBA-MPA H.B. 308 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 308
By: Madden
Elections
2/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law requires voter registrars to notify convicted felons
in writing of the cancellation of their voting rights.  Because the law
forbids all convicted felons from voting for the same length of time under
the same circumstances, this information can be conveyed to the defendant
at the time the sentence is pronounced.  H.B. 308 requires a judge to
inform a convicted felon of the loss of voting rights at the time of
sentencing.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 16.036(a), Election Code, to exempt the
registrar from the requirement to deliver a written notice of cancellation
of voting rights to a voter convicted of a felony.  Makes a nonsubstantive
change. 

SECTION 2.  Amends Article 42.03, Code of Criminal Procedure, by adding
Section 5, as follows: 

Sec. 5.  Requires a judge at the time of sentencing to inform a defendant
convicted of a felony that the defendant will lose the right to vote from
the time the judgment becomes final until the defendant's sentence has been
discharged or the defendant has been pardoned or otherwise released from
the disability to vote under the provisions of Section 11.002(4), Election
Code. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.