81R2298 JRJ-F
By: Brown of Kaufman H.B. No. 125
A BILL TO BE ENTITLED
AN ACT
relating to requiring a voter to present proof of identification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 15, Election Code, is
amended by adding Section 15.005 to read as follows:
Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a)
The voter registrar of each county shall provide notice of the
identification requirements for voting prescribed by Chapter 63 and
a detailed description of those requirements with each voter
registration certificate issued under Section 13.142 or renewal
registration certificate issued under Section 14.001.
(b) The secretary of state shall prescribe the wording of
the notice to be included on the certificate under this section.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.012 to read as follows:
Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) Not
earlier than 60 days or later than 30 days before each primary and
general election, the secretary of state shall mail a notice
describing in detail the identification requirements for voting
prescribed by Chapter 63 to each voter who, in the last election:
(1) voted provisionally under Section 63.001(g); and
(2) did not submit proof of identification under
Section 65.0541.
(b) The secretary of state by rule may create innovative
programs to educate the population of this state about the
requirements for voting prescribed by Chapter 63.
(c) The secretary of state and the voter registrar of each
county that maintains a website shall provide notice of the
identification requirements for voting prescribed by Chapter 63 on
each entity's respective website. The secretary of state shall
prescribe the wording of the notice to be included on the websites.
SECTION 3. Section 32.111, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) The training standards adopted under Subsection (a)
must include provisions on the acceptance and handling of the
identification presented by a voter to an election officer under
Section 63.001.
SECTION 4. Section 32.114(a), Election Code, is amended to
read as follows:
(a) The county clerk shall provide one or more sessions of
training using the standardized training program and materials
developed and provided by the secretary of state under Section
32.111 for the election judges and clerks appointed to serve in
elections ordered by the governor or a county authority. Each
election judge shall complete the training program. Each election
clerk shall complete the part of the training program relating to
the acceptance and handling of the identification presented by a
voter to an election officer under Section 63.001.
SECTION 5. Chapter 62, Election Code, is amended by adding
Section 62.016 to read as follows:
Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
POLLING PLACES. The presiding judge shall post in a prominent place
on the outside of each polling location notice that a provisional
ballot will be provided to a person who executes the appropriate
affidavit and a list of the acceptable forms of photographic
identification. The notice and list must be printed:
(1) in English, Spanish, and any other language
appropriate to the precinct in which the polling place is located;
and
(2) using a font that is at least 24 point.
SECTION 6. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsection
(g) to read as follows:
(b) Except as provided by Section 63.0012, on [On] offering
to vote, a voter must present to an election officer at the polling
place the voter's voter registration certificate and:
(1) one form of identification listed in Section
63.0101; or
(2) if applicable, two forms of identification as
required by Section 63.0103 [to an election officer at the polling
place].
(c) On presentation of the documentation required by
Subsection (b) [a registration certificate], an election officer
shall determine whether the voter's name on the registration
certificate is on the list of registered voters for the precinct.
(d) If the voter's name is on the precinct list of
registered voters and the voter's identity can be verified from the
documentation presented under Subsection (b), the voter shall be
accepted for voting.
(f) After determining whether to accept a voter, an election
officer shall return the voter's documentation [registration
certificate] to the voter.
(g) A voter shall be accepted for provisional voting only
under Section 63.011 if:
(1) the requirements for identification prescribed by
Subsection (b)(1) or (2) are not met; and
(2) the voter is not eligible for an exemption under
Section 63.0012.
SECTION 7. Chapter 63, Election Code, is amended by adding
Section 63.0012 to read as follows:
Sec. 63.0012. EXEMPTION FROM PROOF OF IDENTIFICATION
REQUIREMENT. (a) A voter who presents the voter's voter
registration certificate is not required to present the other
documentation required under Section 63.001(b) if the voter
executes an affidavit claiming the voter does not possess the
documentation because the voter is indigent or has a religious
objection to the documentation. The affidavit may be executed
only:
(1) at the time the voter registers to vote;
(2) at the main early voting polling place when the
voter is voting early by personal appearance;
(3) on election day if the voter resides in a licensed
residential care facility in this state and the voter's polling
place is located at that facility; or
(4) as allowed by Section 65.0541.
(b) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 8. Section 63.006(a), Election Code, is amended to
read as follows:
(a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in the precinct in which the voter is offering to vote,
but whose name is not on the precinct list of registered voters,
shall be accepted for voting if the voter's identity can be verified
from the documentation presented under Section 63.001(b).
SECTION 9. Section 63.007(a), Election Code, is amended to
read as follows:
(a) A voter who, when offering to vote, presents a voter
registration certificate indicating that the voter is currently
registered in a different precinct from the one in which the voter
is offering to vote, and whose name is not on the precinct list of
registered voters, shall be accepted for voting if the voter's
identity can be verified from the documentation presented under
Section 63.001(b) and the voter executes an affidavit stating that
the voter:
(1) is a resident of the precinct in which the voter is
offering to vote or is otherwise entitled by law to vote in that
precinct;
(2) was a resident of the precinct in which the voter
is offering to vote at the time that information on the voter's
residence address was last provided to the voter registrar;
(3) did not deliberately provide false information to
secure registration in a precinct in which the voter does not
reside; and
(4) is voting only once in the election.
SECTION 10. Section 63.008(a), Election Code, is amended to
read as follows:
(a) A voter who does not present a voter registration
certificate when offering to vote, but whose name is on the list of
registered voters for the precinct in which the voter is offering to
vote, shall be accepted for voting if the voter executes an
affidavit stating that the voter does not have the voter's voter
registration certificate in the voter's possession at the polling
place at the time of offering to vote and the voter's identity can
be verified from the identification presented under Section
63.001(b)(1) or (2) [voter presents proof of identification in a
form described by Section 63.0101].
SECTION 11. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
The following documentation containing the person's photograph is
acceptable as proof of identification under this chapter:
(1) a driver's license or personal identification card
issued to the person by the Department of Public Safety that has not
expired or that expired no earlier than two years before the date of
presentation or a similar document issued to the person by an agency
of another state that[, regardless of whether the license or card]
has not expired;
(2) a United States military [form of] identification
card [containing the person's photograph that establishes the
person's identity];
(3) a valid Veteran's Identification Card [birth
certificate or other document confirming birth that is admissible
in a court of law and establishes the person's identity];
(4) a United States citizenship certificate [papers]
issued to the person;
(5) a United States passport issued to the person;
(6) a license to carry a concealed handgun issued to
the person by the Department of Public Safety [official mail
addressed to the person by name from a governmental entity];
(7) a tribal identification card issued to the person;
or
(8) if the person is 65 years of age or older:
(A) an expired driver's license or personal
identification card issued to the person by the Department of
Public Safety or similar document issued to the person by an agency
of another state; or
(B) an expired United States passport issued to
the person [copy of a current utility bill, bank statement,
government check, paycheck, or other government document that shows
the name and address of the voter; or
[(8) any other form of identification prescribed by
the secretary of state].
SECTION 12. Chapter 63, Election Code, is amended by adding
Section 63.0103 to read as follows:
Sec. 63.0103. ALTERNATIVE DOCUMENTATION PERMITTED FOR
IDENTIFICATION OF CERTAIN VOTERS. (a) A person who is 65 years of
age or older may present documents in the manner provided by this
section as acceptable proof of identification under this chapter if
the person:
(1) executes an affidavit stating that the person has
never been issued a birth certificate because the person's birth
was never recorded with any state office of vital statistics; or
(2) resides in a nursing home or residential care
facility.
(b) A person to whom this section applies may present as
identification either two different documents listed under
Subdivision (1), or one document listed under Subdivision (1) and
one document listed under Subdivision (2):
(1) the following primary documents issued to or
belonging to the person:
(A) a Medicaid card or Medicare card;
(B) a Social Security benefits statement;
(C) a property deed;
(D) a property tax statement;
(E) a bank statement;
(F) a United States Veteran's Universal Access
Card that contains the person's photograph;
(G) a marriage license or divorce decree;
(H) a pension statement;
(I) court records of the person's adoption or
name change;
(2) the following secondary documents issued to or
belonging to the person:
(A) a copy of a current utility bill, government
check, paycheck, or other government document that shows the name
and address of the person;
(B) official mail addressed to the person by name
from a governmental entity;
(C) a library card that contains the person's
name issued to the person by a public library located in this state;
(D) a hunting or fishing license issued to the
person by the Parks and Wildlife Department.
SECTION 13. Sections 63.011(a) and (b), Election Code, are
amended to read as follows:
(a) A person to whom Section 63.001(g), 63.008(b), or
63.009(a) applies may cast a provisional ballot if the person
executes an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
(b) A form for an affidavit required by this section must
[shall] be printed on an envelope in which the provisional ballot
voted by the person may be placed and must include a space for
entering the identification number of the provisional ballot voted
by the person and a space for an election officer to indicate
whether the person presented proof of identification as required by
Section 63.001(b)(1) or (2). The affidavit form may include space
for disclosure of any necessary information to enable the person to
register to vote under Chapter 13. The secretary of state shall
prescribe the form of the affidavit under this section.
SECTION 14. Section 65.054(b), Election Code, is amended to
read as follows:
(b) A provisional ballot may be accepted only if:
(1) the board determines that, from the information in
the affidavit or contained in public records, the person is
eligible to vote in the election and has not previously voted in
that election; and
(2) the voter presents proof of identification as
required by Section 63.001(b)(1) or (2):
(A) at the time the ballot was cast; or
(B) in the period prescribed under Section
65.0541.
SECTION 15. Subchapter B, Chapter 65, Election Code, is
amended by adding Section 65.0541 to read as follows:
Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN
PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional
voting under Section 63.011 because the voter does not present
proof of identification as required by Section 63.001(b)(1) or (2)
may, not later than the 10th business day after the date of the
election:
(1) present proof of identification to the voter
registrar for examination by the early voting ballot board; or
(2) execute an affidavit stating that an exemption
under Section 63.0012 applies to the voter.
(b) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 16. The heading to Subchapter I, Chapter 521,
Transportation Code, is amended to read as follows:
SUBCHAPTER I. ISSUANCE OF DRIVER'S LICENSE AND PERSONAL
IDENTIFICATION CERTIFICATE
SECTION 17. Subchapter I, Chapter 521, Transportation Code,
is amended by adding Section 521.183 to read as follows:
Sec. 521.183. PRIORITY ISSUANCE FOR CERTAIN PERSONAL
IDENTIFICATION CERTIFICATES. The department shall process and
issue a personal identification certificate to a person who applies
for the identification certificate for the purpose of satisfying
Section 63.001(b), Election Code, before processing or issuing
other identification certificates.
SECTION 18. Section 521.422, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Except as provided by Subsection (d), the [The] fee for
a personal identification certificate is:
(1) $15 for a person under 60 years of age;
(2) $5 for a person 60 years of age or older; and
(3) $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
(d) The department may not collect a fee for a personal
identification certificate issued to a person who:
(1) executes an affidavit stating that the person:
(A) is obtaining the personal identification
certificate for the sole purpose of satisfying Section 63.001(b),
Election Code;
(B) is financially unable to pay the required
fee; and
(C) does not have another form of identification
acceptable under Section 63.0101, Election Code; and
(2) is:
(A) a registered voter in this state and presents
a valid voter registration certificate; or
(B) eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
SECTION 19. Sections 521.453(a) and (h), Transportation
Code, are amended to read as follows:
(a) Except as provided by Subsection (f), a person [under
the age of 21 years] commits an offense if the person possesses[,
with the intent to represent that the person is 21 years of age or
older,] a document that is deceptively similar to a driver's
license or a personal identification certificate unless the
document displays the statement "NOT A GOVERNMENT DOCUMENT"
diagonally printed clearly and indelibly on both the front and back
of the document in solid red capital letters at least one-fourth
inch in height and the person:
(1) is under the age of 21 years and possesses the
document with the intent to represent that the person is 21 years of
age or older; or
(2) possesses the document with the intent to use the
document as a form of identification for the purposes of Section
63.001(b), Election Code.
(h) In addition to the punishment provided by Subsection
(d), a court, if the court is located in a municipality or county
that has established a community service program, may order a
person [younger than 21 years of age] who commits an offense under
this section to perform eight hours of community service unless the
person is shown to have previously committed an offense under this
section, in which case the court may order the person to perform 12
hours of community service.
SECTION 20. As soon as practicable after September 1, 2009:
(1) the secretary of state shall adopt the training
standards and develop the training materials required to implement
the change in law made by this Act to Section 32.111, Election Code;
and
(2) the county clerk of each county shall provide a
session of training under Section 32.114, Election Code, using the
standards adopted and materials developed to implement the change
in law made by this Act to Section 32.111, Election Code.
SECTION 21. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect January 1, 2010.
(b) Sections 14 and 15 of this Act take effect January 1,
2012.
(c) Sections 1, 2, 3, 4, and 20 of this Act take effect
September 1, 2009.