Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
August 11, 1978
JOHN L. HILL
Attorney General
Honorable Neal Pfeiffer Opinion No. H- 12 2 8
Criminal District Attorney
P. 0. Box 753 Re: Whether it is a violation of
Bastrop, Texas 78602 article 15.71 of the Election
Code to offer to hire a vehicle
or person to operate a vehicle
for the purpose of conveying
voters to a polling place.
Dear Mr. Pfeiffer:
You have requested an opinion regarding article 15.71 of the Election
Code which provides:
Whoever hires any vehicle or hires any person to
operate a vehicle for the purpose of conveying voters
to the polling place, or rewards any person in money or
other thing of value for procuring a vehicle or a driver
for such purpose, shall be fined not exceeding five
hundred dollars. This article shall not be construed to
prohibit a voter from paying for the services of a
vehicle or a driver for the purpose of conveying him to
the polling place or to prevent him from allowing other
voters to ride in the vehicle with him while he is going
to the polling place in order to vote or returning
therefrom after having voted.
You ask whether an attempt or offer to pay someone to drive voters to the
polls is unlawful. An attempt to commit an offense must be specifically
made unlawful. Blanchette v. State, 125 S.W. 26 (Tex. Crim. App. 1910).
There is no provision in Texas statutes which provides that an attempt to
violate article 15.71 of the Election Code is unlawful. Section 15.01 of the
Penal Code, which defines and makes punishable criminal attempts, does not
apply to offenses outside of the Penal Code by reason of section 1.03(b). The
criminal attempt provision appears in Title 4 of the Penal Code and therefore
does not extend to article 15.71 of the Election Code.
p. 4907
Honorable Neal Pfeiffer - Page 2 (H-1228)
SUMMARY
The Legislature has not established an offense of attempt to
violate article 15.71 of the Election Code, concerning
transporting voters to polls.
Attorney General of Texas
APPROVED:
C. ROBERT HEATH, Chairman
Opinion Committee
jsn
p. 4908