Texas Advisory Opinions February 02, 1972: AGO M-1064 (February 2, 1972)

No. M-1064 (1972).

You have requested the opinion of this office whether Subdivision 3 of Section 50c of the Texas Election Code requires that the district clerk report to the registrar of voters felony convictions in which the accused receives a probated sentence, Section 50c is a temporary provision enacted by the 62nd Legislature (Acts 62nd Leg., R.S. 1971, ch, 827, p: 2509, 2519) and will become a permanent amendment of the Texas Election Code upon the occurrence of events outlined in Section 23 of the amendatory act(fn1) (none of which are related to this opinion). Section 50c is codified as Vernon's Election Code, Article 5.18c.

This office has previously concluded that a person who has been found guilty of a felony offense and given a probated sentence has been convicted. Attorney General's Opinion No. M-640 (1970). Such a person is prohibited from voting by Vernon's Election Code, Article 5.01, until the probated sentence is set aside as authorized by Article 42.12, Section 7, Vernon's Code of Criminal Procedure. Attorney General's Opinion No. M-795 (1971).

The obvious purpose of Section 50c is to require the proper officials to report to the registrar of voters all deaths, judgments of mental incompetency, and felony convictions so that the registrar can remove unqualified voters from the list of registered voters. Since a person convicted of a felony and serving a probated sentence is ineligible to vote, our opinion is that the language of Subdivision 3 of Section 50c requiring that "... the clerk of each court having jurisdiction of the trial of felony crimes shall furnish to the registrar an abstract of each unappealed conviction for a felony crime and of each final conviction in appealed cases ..." includes those convictions in which probation is assessed.

Beginning October 1, 1972, the district clerk is required by Article 50c, Texas Election Code, to report to the registrar of voters those felony convictions in which probated sentences are assessed, as well as other felony convictions, unless this requirement expires as provided in Acts 62nd Leg., R.S. 1971, ch. 827, p. 2509.

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Footnotes:

1 Note that Subdivision 4 of Section 50c states that the requirements of Subdivision 3 apply only to those felony convictions which occur on or after October 1, 1972.