, 

THEATTORNEY GENERAL 

TEXAS 

AUSTIN. %%XAS 78711 CWAWYORD c. lMARTlN 

A-rrORNEY QENxmz*x. 

February 2, 1972 

Honorable Robert J, Seerden Opinion No, M-1064 

Criminal District Attorney 

Victoria County Courts BldgL Re- Whether the Texas 

Victoria, Texas 77901 Election Code, Section 

5Oc, requires the district clerk to report to 

the registrar of voters 

felony convictions resulting in probated 

Deer Mr, Seerden: sentences: 

You have requested the opinion of this office whether Subdivision 3 of Section 5Oc 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 58~ is a temporary provision enacted by the 62nd Legislature (Acts 62nd Leg: c R,S, 1971, ch, 827, p: 2509, 2519) and 

will become a permanent amendment of the Texas Election Code upon the occyrrence of events outlined in Section 23 of the amendatory act (none of which are related to this opinion), Section 

5Oc 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, H-640 

(1970): Such a person is prohibited from voting by Vernon"s 

Election Codej Article 5,01, until the probated sentence is set 

aside as authorized by Article 42,12, Section ai Vernon's Code 

of Criminah Procedure. Attorney General's Opinion No; M-795 

(1971): 

1 Note that Subdivision 4 of Section 58c states that the 

requirements of Subdivision 3 apply only to those felony convictions which occur on or after October 1, 1972, 

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Honorable Robert J, Seerden,, page 2 (M-1064) 

The obvious 

_-” ~ _ 

purpose of Section . I 5Oc is to require the proper 

officials to report to tne 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 

probatni sentence 1s ,ineligible to vote0 our opinion is that the 

language of Subdivision 3 of Section 5Oc requiring that ", D c 

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 0 0 0R includes those convictions in which probation is assessed., 

CONCLUSION 

Beginning October 1, 1972, the district clerk 

is required by Article 5Oc, 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, pe 2509, 

8 very truly, 

/ 

Prepared by Roland Daniel Green, III 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W.E, Allen, Co-Chairman 

Ben Harrlson 

Howard Fender 

James Quick 

Sam Jones 

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Honorable Robert J, Seerden, page 3 

SAM MC DANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

(M-1064) 

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