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.