Texas 2009 - 81st Regular

Texas House Bill HB125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2298 JRJ-F
2	2	By: Brown of Kaufman H.B. No. 125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to present proof of identification.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter A, Chapter 15, Election Code, is
10	10	amended by adding Section 15.005 to read as follows:
11	11	Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a)
12	12	The voter registrar of each county shall provide notice of the
13	13	identification requirements for voting prescribed by Chapter 63 and
14	14	a detailed description of those requirements with each voter
15	15	registration certificate issued under Section 13.142 or renewal
16	16	registration certificate issued under Section 14.001.
17	17	(b) The secretary of state shall prescribe the wording of
18	18	the notice to be included on the certificate under this section.
19	19	SECTION 2. Subchapter A, Chapter 31, Election Code, is
20	20	amended by adding Section 31.012 to read as follows:
21	21	Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) Not
22	22	earlier than 60 days or later than 30 days before each primary and
23	23	general election, the secretary of state shall mail a notice
24	24	describing in detail the identification requirements for voting
25	25	prescribed by Chapter 63 to each voter who, in the last election:
26	26	(1) voted provisionally under Section 63.001(g); and
27	27	(2) did not submit proof of identification under
28	28	Section 65.0541.
29	29	(b) The secretary of state by rule may create innovative
30	30	programs to educate the population of this state about the
31	31	requirements for voting prescribed by Chapter 63.
32	32	(c) The secretary of state and the voter registrar of each
33	33	county that maintains a website shall provide notice of the
34	34	identification requirements for voting prescribed by Chapter 63 on
35	35	each entity's respective website. The secretary of state shall
36	36	prescribe the wording of the notice to be included on the websites.
37	37	SECTION 3. Section 32.111, Election Code, is amended by
38	38	adding Subsection (c) to read as follows:
39	39	(c) The training standards adopted under Subsection (a)
40	40	must include provisions on the acceptance and handling of the
41	41	identification presented by a voter to an election officer under
42	42	Section 63.001.
43	43	SECTION 4. Section 32.114(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) The county clerk shall provide one or more sessions of
46	46	training using the standardized training program and materials
47	47	developed and provided by the secretary of state under Section
48	48	32.111 for the election judges and clerks appointed to serve in
49	49	elections ordered by the governor or a county authority. Each
50	50	election judge shall complete the training program. Each election
51	51	clerk shall complete the part of the training program relating to
52	52	the acceptance and handling of the identification presented by a
53	53	voter to an election officer under Section 63.001.
54	54	SECTION 5. Chapter 62, Election Code, is amended by adding
55	55	Section 62.016 to read as follows:
56	56	Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
57	57	POLLING PLACES. The presiding judge shall post in a prominent place
58	58	on the outside of each polling location notice that a provisional
59	59	ballot will be provided to a person who executes the appropriate
60	60	affidavit and a list of the acceptable forms of photographic
61	61	identification. The notice and list must be printed:
62	62	(1) in English, Spanish, and any other language
63	63	appropriate to the precinct in which the polling place is located;
64	64	and
65	65	(2) using a font that is at least 24 point.
66	66	SECTION 6. Section 63.001, Election Code, is amended by
67	67	amending Subsections (b), (c), (d), and (f) and adding Subsection
68	68	(g) to read as follows:
69	69	(b) Except as provided by Section 63.0012, on [On] offering
70	70	to vote, a voter must present to an election officer at the polling
71	71	place the voter's voter registration certificate and:
72	72	(1) one form of identification listed in Section
73	73	63.0101; or
74	74	(2) if applicable, two forms of identification as
75	75	required by Section 63.0103 [to an election officer at the polling
76	76	place].
77	77	(c) On presentation of the documentation required by
78	78	Subsection (b) [a registration certificate], an election officer
79	79	shall determine whether the voter's name on the registration
80	80	certificate is on the list of registered voters for the precinct.
81	81	(d) If the voter's name is on the precinct list of
82	82	registered voters and the voter's identity can be verified from the
83	83	documentation presented under Subsection (b), the voter shall be
84	84	accepted for voting.
85	85	(f) After determining whether to accept a voter, an election
86	86	officer shall return the voter's documentation [registration
87	87	certificate] to the voter.
88	88	(g) A voter shall be accepted for provisional voting only
89	89	under Section 63.011 if:
90	90	(1) the requirements for identification prescribed by
91	91	Subsection (b)(1) or (2) are not met; and
92	92	(2) the voter is not eligible for an exemption under
93	93	Section 63.0012.
94	94	SECTION 7. Chapter 63, Election Code, is amended by adding
95	95	Section 63.0012 to read as follows:
96	96	Sec. 63.0012. EXEMPTION FROM PROOF OF IDENTIFICATION
97	97	REQUIREMENT. (a) A voter who presents the voter's voter
98	98	registration certificate is not required to present the other
99	99	documentation required under Section 63.001(b) if the voter
100	100	executes an affidavit claiming the voter does not possess the
101	101	documentation because the voter is indigent or has a religious
102	102	objection to the documentation. The affidavit may be executed
103	103	only:
104	104	(1) at the time the voter registers to vote;
105	105	(2) at the main early voting polling place when the
106	106	voter is voting early by personal appearance;
107	107	(3) on election day if the voter resides in a licensed
108	108	residential care facility in this state and the voter's polling
109	109	place is located at that facility; or
110	110	(4) as allowed by Section 65.0541.
111	111	(b) The secretary of state shall prescribe procedures as
112	112	necessary to implement this section.
113	113	SECTION 8. Section 63.006(a), Election Code, is amended to
114	114	read as follows:
115	115	(a) A voter who, when offering to vote, presents a voter
116	116	registration certificate indicating that the voter is currently
117	117	registered in the precinct in which the voter is offering to vote,
118	118	but whose name is not on the precinct list of registered voters,
119	119	shall be accepted for voting if the voter's identity can be verified
120	120	from the documentation presented under Section 63.001(b).
121	121	SECTION 9. Section 63.007(a), Election Code, is amended to
122	122	read as follows:
123	123	(a) A voter who, when offering to vote, presents a voter
124	124	registration certificate indicating that the voter is currently
125	125	registered in a different precinct from the one in which the voter
126	126	is offering to vote, and whose name is not on the precinct list of
127	127	registered voters, shall be accepted for voting if the voter's
128	128	identity can be verified from the documentation presented under
129	129	Section 63.001(b) and the voter executes an affidavit stating that
130	130	the voter:
131	131	(1) is a resident of the precinct in which the voter is
132	132	offering to vote or is otherwise entitled by law to vote in that
133	133	precinct;
134	134	(2) was a resident of the precinct in which the voter
135	135	is offering to vote at the time that information on the voter's
136	136	residence address was last provided to the voter registrar;
137	137	(3) did not deliberately provide false information to
138	138	secure registration in a precinct in which the voter does not
139	139	reside; and
140	140	(4) is voting only once in the election.
141	141	SECTION 10. Section 63.008(a), Election Code, is amended to
142	142	read as follows:
143	143	(a) A voter who does not present a voter registration
144	144	certificate when offering to vote, but whose name is on the list of
145	145	registered voters for the precinct in which the voter is offering to
146	146	vote, shall be accepted for voting if the voter executes an
147	147	affidavit stating that the voter does not have the voter's voter
148	148	registration certificate in the voter's possession at the polling
149	149	place at the time of offering to vote and the voter's identity can
150	150	be verified from the identification presented under Section
151	151	63.001(b)(1) or (2) [voter presents proof of identification in a
152	152	form described by Section 63.0101].
153	153	SECTION 11. Section 63.0101, Election Code, is amended to
154	154	read as follows:
155	155	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
156	156	The following documentation containing the person's photograph is
157	157	acceptable as proof of identification under this chapter:
158	158	(1) a driver's license or personal identification card
159	159	issued to the person by the Department of Public Safety that has not
160	160	expired or that expired no earlier than two years before the date of
161	161	presentation or a similar document issued to the person by an agency
162	162	of another state that[, regardless of whether the license or card]
163	163	has not expired;
164	164	(2) a United States military [form of] identification
165	165	card [containing the person's photograph that establishes the
166	166	person's identity];
167	167	(3) a valid Veteran's Identification Card [birth
168	168	certificate or other document confirming birth that is admissible
169	169	in a court of law and establishes the person's identity];
170	170	(4) a United States citizenship certificate [papers]
171	171	issued to the person;
172	172	(5) a United States passport issued to the person;
173	173	(6) a license to carry a concealed handgun issued to
174	174	the person by the Department of Public Safety [official mail
175	175	addressed to the person by name from a governmental entity];
176	176	(7) a tribal identification card issued to the person;
177	177	or
178	178	(8) if the person is 65 years of age or older:
179	179	(A) an expired driver's license or personal
180	180	identification card issued to the person by the Department of
181	181	Public Safety or similar document issued to the person by an agency
182	182	of another state; or
183	183	(B) an expired United States passport issued to
184	184	the person [copy of a current utility bill, bank statement,
185	185	government check, paycheck, or other government document that shows
186	186	the name and address of the voter; or
187	187	[(8) any other form of identification prescribed by
188	188	the secretary of state].
189	189	SECTION 12. Chapter 63, Election Code, is amended by adding
190	190	Section 63.0103 to read as follows:
191	191	Sec. 63.0103. ALTERNATIVE DOCUMENTATION PERMITTED FOR
192	192	IDENTIFICATION OF CERTAIN VOTERS. (a) A person who is 65 years of
193	193	age or older may present documents in the manner provided by this
194	194	section as acceptable proof of identification under this chapter if
195	195	the person:
196	196	(1) executes an affidavit stating that the person has
197	197	never been issued a birth certificate because the person's birth
198	198	was never recorded with any state office of vital statistics; or
199	199	(2) resides in a nursing home or residential care
200	200	facility.
201	201	(b) A person to whom this section applies may present as
202	202	identification either two different documents listed under
203	203	Subdivision (1), or one document listed under Subdivision (1) and
204	204	one document listed under Subdivision (2):
205	205	(1) the following primary documents issued to or
206	206	belonging to the person:
207	207	(A) a Medicaid card or Medicare card;
208	208	(B) a Social Security benefits statement;
209	209	(C) a property deed;
210	210	(D) a property tax statement;
211	211	(E) a bank statement;
212	212	(F) a United States Veteran's Universal Access
213	213	Card that contains the person's photograph;
214	214	(G) a marriage license or divorce decree;
215	215	(H) a pension statement;
216	216	(I) court records of the person's adoption or
217	217	name change;
218	218	(2) the following secondary documents issued to or
219	219	belonging to the person:
220	220	(A) a copy of a current utility bill, government
221	221	check, paycheck, or other government document that shows the name
222	222	and address of the person;
223	223	(B) official mail addressed to the person by name
224	224	from a governmental entity;
225	225	(C) a library card that contains the person's
226	226	name issued to the person by a public library located in this state;
227	227	(D) a hunting or fishing license issued to the
228	228	person by the Parks and Wildlife Department.
229	229	SECTION 13. Sections 63.011(a) and (b), Election Code, are
230	230	amended to read as follows:
231	231	(a) A person to whom Section 63.001(g), 63.008(b), or
232	232	63.009(a) applies may cast a provisional ballot if the person
233	233	executes an affidavit stating that the person:
234	234	(1) is a registered voter in the precinct in which the
235	235	person seeks to vote; and
236	236	(2) is eligible to vote in the election.
237	237	(b) A form for an affidavit required by this section must
238	238	[shall] be printed on an envelope in which the provisional ballot
239	239	voted by the person may be placed and must include a space for
240	240	entering the identification number of the provisional ballot voted
241	241	by the person and a space for an election officer to indicate
242	242	whether the person presented proof of identification as required by
243	243	Section 63.001(b)(1) or (2). The affidavit form may include space
244	244	for disclosure of any necessary information to enable the person to
245	245	register to vote under Chapter 13. The secretary of state shall
246	246	prescribe the form of the affidavit under this section.
247	247	SECTION 14. Section 65.054(b), Election Code, is amended to
248	248	read as follows:
249	249	(b) A provisional ballot may be accepted only if:
250	250	(1) the board determines that, from the information in
251	251	the affidavit or contained in public records, the person is
252	252	eligible to vote in the election and has not previously voted in
253	253	that election; and
254	254	(2) the voter presents proof of identification as
255	255	required by Section 63.001(b)(1) or (2):
256	256	(A) at the time the ballot was cast; or
257	257	(B) in the period prescribed under Section
258	258	65.0541.
259	259	SECTION 15. Subchapter B, Chapter 65, Election Code, is
260	260	amended by adding Section 65.0541 to read as follows:
261	261	Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
262	262	PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
263	263	voting under Section 63.011 because the voter does not present
264	264	proof of identification as required by Section 63.001(b)(1) or (2)
265	265	may, not later than the 10th business day after the date of the
266	266	election:
267	267	(1) present proof of identification to the voter
268	268	registrar for examination by the early voting ballot board; or
269	269	(2) execute an affidavit stating that an exemption
270	270	under Section 63.0012 applies to the voter.
271	271	(b) The secretary of state shall prescribe procedures as
272	272	necessary to implement this section.
273	273	SECTION 16. The heading to Subchapter I, Chapter 521,
274	274	Transportation Code, is amended to read as follows:
275	275	SUBCHAPTER I. ISSUANCE OF DRIVER'S LICENSE AND PERSONAL
276	276	IDENTIFICATION CERTIFICATE
277	277	SECTION 17. Subchapter I, Chapter 521, Transportation Code,
278	278	is amended by adding Section 521.183 to read as follows:
279	279	Sec. 521.183. PRIORITY ISSUANCE FOR CERTAIN PERSONAL
280	280	IDENTIFICATION CERTIFICATES. The department shall process and
281	281	issue a personal identification certificate to a person who applies
282	282	for the identification certificate for the purpose of satisfying
283	283	Section 63.001(b), Election Code, before processing or issuing
284	284	other identification certificates.
285	285	SECTION 18. Section 521.422, Transportation Code, is
286	286	amended by amending Subsection (a) and adding Subsection (d) to
287	287	read as follows:
288	288	(a) Except as provided by Subsection (d), the [The] fee for
289	289	a personal identification certificate is:
290	290	(1) $15 for a person under 60 years of age;
291	291	(2) $5 for a person 60 years of age or older; and
292	292	(3) $20 for a person subject to the registration
293	293	requirements under Chapter 62, Code of Criminal Procedure.
294	294	(d) The department may not collect a fee for a personal
295	295	identification certificate issued to a person who:
296	296	(1) executes an affidavit stating that the person:
297	297	(A) is obtaining the personal identification
298	298	certificate for the sole purpose of satisfying Section 63.001(b),
299	299	Election Code;
300	300	(B) is financially unable to pay the required
301	301	fee; and
302	302	(C) does not have another form of identification
303	303	acceptable under Section 63.0101, Election Code; and
304	304	(2) is:
305	305	(A) a registered voter in this state and presents
306	306	a valid voter registration certificate; or
307	307	(B) eligible for registration under Section
308	308	13.001, Election Code, and submits a registration application to
309	309	the department.
310	310	SECTION 19. Sections 521.453(a) and (h), Transportation
311	311	Code, are amended to read as follows:
312	312	(a) Except as provided by Subsection (f), a person [under
313	313	the age of 21 years] commits an offense if the person possesses[,
314	314	with the intent to represent that the person is 21 years of age or
315	315	older,] a document that is deceptively similar to a driver's
316	316	license or a personal identification certificate unless the
317	317	document displays the statement "NOT A GOVERNMENT DOCUMENT"
318	318	diagonally printed clearly and indelibly on both the front and back
319	319	of the document in solid red capital letters at least one-fourth
320	320	inch in height and the person:
321	321	(1) is under the age of 21 years and possesses the
322	322	document with the intent to represent that the person is 21 years of
323	323	age or older; or
324	324	(2) possesses the document with the intent to use the
325	325	document as a form of identification for the purposes of Section
326	326	63.001(b), Election Code.
327	327	(h) In addition to the punishment provided by Subsection
328	328	(d), a court, if the court is located in a municipality or county
329	329	that has established a community service program, may order a
330	330	person [younger than 21 years of age] who commits an offense under
331	331	this section to perform eight hours of community service unless the
332	332	person is shown to have previously committed an offense under this
333	333	section, in which case the court may order the person to perform 12
334	334	hours of community service.
335	335	SECTION 20. As soon as practicable after September 1, 2009:
336	336	(1) the secretary of state shall adopt the training
337	337	standards and develop the training materials required to implement
338	338	the change in law made by this Act to Section 32.111, Election Code;
339	339	and
340	340	(2) the county clerk of each county shall provide a
341	341	session of training under Section 32.114, Election Code, using the
342	342	standards adopted and materials developed to implement the change
343	343	in law made by this Act to Section 32.111, Election Code.
344	344	SECTION 21. (a) Except as provided by Subsections (b) and
345	345	(c) of this section, this Act takes effect January 1, 2010.
346	346	(b) Sections 14 and 15 of this Act take effect January 1,
347	347	2012.
348	348	(c) Sections 1, 2, 3, 4, and 20 of this Act take effect
349	349	September 1, 2009.