By: Hochberg H.B. No. 1780
A BILL TO BE ENTITLED
AN ACT
relating to the use of a driver's license or identification card
issued by the Department of Public Safety in voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION; INITIAL
REGISTRATION, AND RENEWAL OF REGISTRATION
SECTION 1.01. REPEALER. Section 12.002. Subchapter B,
Chapter 12, Election Code is repealed.
SECTION 1.02. Section 12.004. Subchapter B, Chapter 12,
Election Code is amended to read as follows: Sec. 12.004. OFFICE
HOURS. [(a) The registrar shall conduct voter registration
activities at all times during regular office hours.]
[(b) The registrar may keep the office open for voter
registration activities at times other than regular office hours.
The registrar shall post notice of the irregular days and hours the
office will be open. The notice must remain posted continuously at
each entrance to the registrar's office for the period beginning
not later than the third day before the day the office is to be open
during irregular hours and ending after the last time specified in
the notice for the office to be open.]
(a) [(c)] The registrar's office shall remain open [for
voter registration activities] during the hours the polls are
required to be open for voting on the date of any general or primary
election in which a statewide office appears on the ballot or any
other election held in the county on a uniform election date.
(b) [(d)] If early voting by personal appearance is
required to be conducted for extended hours under Section 85.005(c)
or for weekend hours under Section 85.006(e), the registrar's
office shall remain open for providing voter registration
information during the extended hours or weekend hours that the
main early voting polling place is open for voting.
SECTION 1.03. REPEALER. Section 12.005, Election Code is
repealed.
SECTION 1.04. REPEALER. Section 12.006, Election Code is
repealed.
SECTION 1.05. Section 13.001(b), Election Code, is amended
to read as follows: (b) To be eligible to apply for registration, a
person must, on the date the registration application is submitted
to the secretary of state [registrar], be at least 17 years and 10
months of age and satisfy the requirements of Subsection (a) except
for age.
SECTION 1.06. Section 13.002, Election Code, is amended to
read as follows: Sec. 13.002. OPTIONAL APPLICATION [REQUIRED].
SECTION 1.07. Section 13.002, Election Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows: (a) A person desiring to register to vote [must] may submit
an application to the secretary of state [registrar of the county in
which the person resides]. Except as provided by Subsection (e), an
application must be submitted by personal delivery or by mail.
(g) Nothing in this section shall prevent a person from
becoming registered to vote as provided by Section 13.008.
SECTION 1.08. Section 13.0021, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A federal judge or state judge who is automatically
registered to vote under Section 13.008 and seeks to have a
residence address omitted from the registration list shall submit
an affidavit to the secretary of state stating that the individual
is a federal judge or state judge.
SECTION 1.09. Section 13.004, Election Code, is amended by
to read as follows: Sec. 13.004. RECORDING AND DISCLOSURE OF
TELEPHONE, SOCIAL SECURITY, DRIVER'S LICENSE, OR PERSONAL
IDENTIFICATION NUMBER [BY REGISTRAR]. (a) The secretary of state
[registrar] may not transcribe, copy, or otherwise record a
telephone number furnished on a registration application.
(b) The secretary of state [registrar] may transcribe,
copy, or otherwise record a social security number furnished on a
registration application only in maintaining the accuracy of the
registration records.
SECTION 1.10. Sec. 13.004. RECORDING AND DISCLOSURE OF
CERTAIN INFORMATION [BY REGISTRAR]. (a) The secretary of state
[registrar] may not transcribe, copy, or otherwise record a
telephone number furnished on a registration application.
(b) The secretary of state [registrar] may transcribe,
copy, or otherwise record a social security number furnished on a
registration application only in maintaining the accuracy of the
registration records.
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge; or
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, and included an affidavit with the registration
application under Section 13.0021 or the secretary of state
[registrar] has received an affidavit submitted under Section
15.0215.
(c-1) The secretary of state and the registrar shall ensure
that the information listed in Subsection (c) is excluded from
disclosure.
(d) The secretary of state, voter registrar or other county
official who has access to the information furnished on a
registration application may not post the following information on
a website:
(1) a telephone number;
(2) a social security number;
(3) a driver's license number or a number of a personal
identification card;
(4) a date of birth; or
(5) the residence address of a voter who is a federal
judge or state judge, as defined by Section 13.0021, if the voter
included an affidavit with the application under Section 13.0021 or
the secretary of state [registrar] has received an affidavit
submitted under Section 15.0215.
SECTION 1.11. Chapter 13, Election Code, is amended by
adding Section 13.008 to read as follows:
Sec. 13.008. VOTER REGISTRATION THROUGH THE DEPARTMENT OF
PUBLIC SAFETY. (a) The secretary of state shall automatically
register any individual who is eligible to vote as provided by
Section 13.001, and:
(1) is issued a Texas driver's license or a personal
identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
Safety.
(b) A driver's license or personal identification card
transaction with an indication provided by Section 20.062(b) or (c)
that the transaction is not for voter registration purposes shall
not be subject to this section.
SECTION 1.12. Chapter 13, Election Code, is amended by
adding Section 13.009 to read as follows:
Sec. 13.009. PAPER APPLICATION FOR VOTER REGISTRATION. The
secretary of state shall post on its Internet website voter
registration application forms in English and in any language other
than English if a political subdivision in the state has over 5
percent of the total voting age citizens who are members of a single
minority language group.
SECTION 1.13. REPEALER. Subchapter B, Chapter 13, Election
Code is repealed.
SECTION 1.14. Section 13.071, Election Code is amended to
read as follows: Sec. 13.071. REVIEW OF APPLICATION. (a) The
secretary of state [registrar] shall review each submitted
application for registration to determine whether it complies with
Section 13.002 and indicates that the applicant is eligible for
registration.
(b) The secretary of state [registrar] shall make the
determination not later than the seventh day after the date the
application is submitted to the secretary of state [registrar].
SECTION 1.15. Section 13.072, Election Code, is amended to
read as follows: (a) [Unless the registrar challenges the
applicant, the] The secretary of state [registrar] shall approve
the application if:
(1) the secretary of state [registrar] determines that
an application complies with Section 13.002 and indicates that the
applicant is eligible for registration; and
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C) or for an applicant who does
not register through Section 13.008, [the registrar verifies with]
the secretary of state verifies:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; or
(B) the last four digits of the applicant's
social security number.
(b) After approval of an application by an applicant who was
registered in another county at the time of application, the
secretary of state [registrar] shall update the statewide voter
registration list to reflect the applicant's change in county of
residence [deliver written notice of the applicant's change of
residence to the other county's registrar and include in the notice
the applicant's name, former residence address, and former
registration number, if known.]
(c) Except as provided by Subsection (d), if the secretary
of state [registrar] determines that an application does not comply
with Section 13.002 or does not indicate that the applicant is
eligible for registration, the secretary of state [registrar] shall
reject the application.
[(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar net later than the
second day after the date the application is received and, if the
other county is net contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.]
(e) Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44,
eff. Sept. 1, 2003.
SECTION 1.16. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0725 to read as follows: Sec 13.0725.
PROCESS FOR VERIFICATION OF AN APPLICANT'S TEXAS DRIVER'S LICENSE
NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED PERSONAL IDENTIFICATION
NUMBER AND SOCIAL SECURITY NUMBER. (a) The secretary of state shall
adopt rules establishing standards for the verification of
information on a voter registration application submitted under
Section 13.072(a)(2)(A). The rules shall provide a process by
which the Texas driver's license number or Department of Public
Safety issued personal identification card number is deemed
verified if a reasonable person would conclude that the Texas
driver's license number or Department of Public Safety issued
personal identification card number submitted is the correct number
for that applicant.
(b) The secretary of state shall review, if available, the
name and date of birth maintained by the Department of Public Safety
or other agency used in the verification process for a submitted
application that corresponds to the Texas driver's license number,
Department of Public Safety issued personal identification card
number, or social security number submitted by the applicant:
(1) the secretary of state cannot verify the accuracy
of an applicant's Texas driver's license number, Department of
Public Safety issued personal identification card number, or social
security number as submitted by the applicant; or
(2) the secretary of state verifies the accuracy of
the number provided, but it is not a perfect match with the personal
information provided by the applicant.
(c) If the secretary of state determines that a governmental
clerical error was made in processing or submitting the
application, the secretary of state shall correct the record and
submit the corrected record for verification under Section
13.072(a)(2) if an application was not initially accepted due to
failure to verify.
SECTION 1.17. Section 13.073, Election Code is amended to
read as follows: Sec. 13.073. NOTICE OF REJECTION. (a) Except as
provided by Subsection (b), the secretary of state [registrar]
shall deliver written notice of the reason for the rejection of an
application to the applicant not later than the second day after the
date of rejection. If an application is rejected for failure to
verify under Section 13.072, the notice shall indicate whether the
last name, date of birth, Texas driver's license number, Department
of Public Safety issued personal identification card number, or
social security number was the reason for the failure to verify, if
that information is provided by the secretary of state.
(b) If the secretary of state [registrar] rejects an
application in the applicant's presence, at that time the secretary
of state [registrar] shall orally inform the applicant of the
reason for the rejection. If the rejection is for incompleteness,
the secretary of state [registrar] shall return the application to
the applicant for completion and resubmission.
(c) If the secretary of state [registrar] rejects an
application for incompleteness but receives a completed
application not later than the 10th day after the date the notice is
delivered under Subsection (a) or the date the incomplete
application is returned under Subsection (b), as applicable, the
original date of submission of the incomplete application is
considered to be the date of submission to the secretary of state
[registrar] for the purpose of determining the effective date of
registration.
SECTION 1.18. Section 13.074 (a) and (b), Election Code is
amended to read as follows: (a) If after the secretary of state
determines [determining] that an application complies with Section
13.002 and indicates that the applicant is eligible for
registration, the registrar has reason to believe the applicant is
not eligible for registration or the application was submitted in
an unauthorized manner, the registrar shall challenge the
applicant.
(b) The registrar shall indicate on the statewide
computerized voter registration list [on the application of a
challenged applicant] that the applicant's eligibility or the
manner of submission of the application has been challenged and the
date of the challenge.
SECTION 1.19. Section 13.080, Election Code is amended to
read as follows: Sec. 13.080. RECORDING REJECTION. On rejection of
an applicant's registration application, the secretary of state
[registrar] shall enter the date of and reason for the rejection on
the application.
SECTION 1.20. Section 13.101, Election Code is amended to
read as follows: Sec. 13.101. ACTIVE APPLICATION FILE. (a) The
secretary of state [registrar] shall maintain a file containing the
approved registration applications of the registered voters of the
state [county].
(b) The secretary of state [registrar] shall maintain the
file in alphabetical order by voter name on a county by county
[countywide] basis. However, the secretary of state [registrar]
may maintain the file in numerical order by registration number if
the secretary of state [registrar] regularly maintains a list of
registered voters in alphabetical order by voter name on a county by
county [countywide] basis.
(c) Each application shall be retained on file during the
time the registration is effective.
SECTION 1.21. Section 13.102, Election Code is amended to
read as follows: Sec. 13.102. INACTIVE APPLICATION FILE. (a) The
secretary of state [registrar] shall maintain a file containing the
rejected applications of applicants for registration.
(b) The secretary of state [registrar] shall maintain a
file, separate from the file maintained under Subsection (a),
containing the applications of the voters whose registrations have
been canceled.
(c) The secretary of state [registrar] shall maintain each
file in alphabetical order by applicant or voter name on a county by
county [countywide] basis.
(d) Each application shall be retained on file for two years
after the date of rejection or cancellation.
SECTION 1.22. Section 13.103, Election Code is amended to
read as follows: Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY.
(a) The registration application files maintained under this
subchapter shall be kept in the secretary of state's [registrar's]
office at all times in a place and manner ensuring their security.
(b) Applications may be removed from the secretary of
state's [registrar] office temporarily, in a manner ensuring their
security, for use in preparing registration certificates, lists of
registered voters, and other registration documents by electronic
data-processing methods.
SECTION 1.23. Section 13.104, Election Code is amended to
read as follows: Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead
of keeping the original registration applications and supporting
documentation as required by this title, the secretary of state
[registrar] may record the applications and documentation on an
optical disk or other computer storage medium [approved by the
secretary of state].
(b) The storage medium must allow for the creation of a copy
of an application or supporting documentation.
(c) The secretary of state shall prescribe any procedures
necessary to implement this section.
SECTION 1.24. Section 13.142(a), Election Code, is amended
to read as follows: (a) After notification of registration of a
voter by the secretary of state, as required by Section 13.008, or
approval of a registration application by the secretary of state,
the registrar shall:
(1) prepare a voter registration certificate in
duplicate and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 1.25. Section 13.143 (d) and (e), Election Code, is
amended to read as follows: (d) For purposes of determining the
effective date of a registration, an application submitted by mail
is considered to be submitted to the secretary of state [registrar]
on the date it is placed with postage prepaid and properly addressed
in the United States mail. The date indicated by the post office
cancellation mark is considered to be the date the application was
placed in the mail unless proven otherwise.
(e) If the 30th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
secretary of state [registrar] on or before the next regular
business day.
SECTION 1.26. Section 13.144(a) and (b), Election Code, is
amended to read as follows: (a) Not later than the 30th day after
the date the registrar receives notice from the secretary of state
that an individual has been registered to vote [receives the
application], the registrar shall deliver the original of an
initial certificate:
(1) in person to the applicant or the applicant's agent
appointed under Section 13.003; or
(2) by mail to the applicant.
(b) If delivery is by mail, the registrar shall send the
certificate to the mailing address provided for the individual in
the statewide computerized voter registration list [on the
applicant's registration application]
SECTION 1.27. Section 14.002(a), Election Code, is amended
to read as follows: (a) Except as provided by Subsection (d), the
registrar shall deliver a voter's renewal certificate by mail to
the mailing address provided for the individual in the statewide
computerized voter registration list [on the voter's registration
application].
SECTION 1.28. Section 15.0215(b), Election Code is amended
to read as follows: (b) A federal judge or state judge who is
registered to vote may at any time submit to the secretary of state
[registrar of the county in which the judge resides] an affidavit
stating that the voter is a federal judge or state judge.
SECTION 1.29. Section 16.031(a)(1), Election Code is
amended to read as follows: (a) The registrar shall cancel a
voter's registration immediately on receipt of:
(1) notice under Section [13.072(b) or] 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
SECTION 2.01. Section 18.041, Election Code is amended to
read as follows: Sec. 18.041. ANNUAL REGISTRATION REPORT.
[(a)] Each voting year, the secretary of state [registrar]
shall prepare a report of the number of persons whose voter
registrations [in the county and] in each county [election
precinct] will be effective on January 1.
[(b) The secretary of state shall prescribe the categories
of voters and computations required in the report.
[(c) The registrar shall retain a copy of the report on file
as a registration record for two years.
[(d) The registrar shall file the report with the secretary
of state not later than January 2.
[(c) The secretary of state shall retain the report on file
for two years.]
SECTION 2.02. Section 18.042, Election Code, is amended to
read as follows: The secretary of state shall derive certified
figures of the number of persons whose voter registrations in each
county will be effective on election day not later than the 20th day
before the date of the general primary election and the date of the
general election for state and county officers. [(a) Not later
than the 20th day before the date of the general primary election
and the date of the general election for state and county officers,
the registrar shall file with the secretary of state a statement of
the number of persons whose voter registrations in the county and in
each county election precinct will be effective on election day.]
[(b) The secretary of state shall prescribe the categories
of voters and computations required in the statement.]
SECTION 2.03. Section 18.043 (a) and (c), Election Code, is
amended to read as follows: [(a) At the times prescribed by the]
The secretary of state [, the registrar] shall produce [deliver to
the secretary] a statement containing the voter registration
information determined [by the secretary] to be necessary to comply
with reporting requirements prescribed under federal law.
(c) The secretary of state [registrar] shall maintain the
information required for the statements in accordance with
procedures prescribed under this section [by the secretary of
state].
SECTION 2.04. Section 18.061 (c), Election Code, is amended
to read as follows:
(c) Under procedures prescribed by the secretary of state,
the Department of Public Safety and each voter registrar shall
provide to the secretary of state on an expedited basis the
information necessary to maintain the registration list
established under Subsection (a). The procedures shall provide for
the electronic submission of the information.
SECTION 2.05. Section 18.064, Election Code, is amended to
read as follows: Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a
registrar fails to substantially comply with Section 15.083,
16.032, [18.042], or 18.061 or with rules adopted by the secretary
of state implementing the statewide computerized voter
registration list, the registrar is not entitled to receive state
funds for financing voter registration in the county.
SECTION 2.06. Sections 18.065 (a), Election Code, is
amended to read as follows: (a) The secretary of state shall
monitor each registrar for substantial compliance with Sections
15.083, 16.032, [18.042], and 18.061 and with rules implementing
the statewide computerized voter registration list.
SECTION 2.07. Section 18.066 (b), Election Code, is amended
to read as follows: (b) Information furnished under this section
may not include:
(1) a voter's social security number; or
(2) the residence address of a voter who is a federal
judge or state judge, as defined by Section 13.0021, if the voter
included an affidavit with the voter's registration application
under Section 13.0021 or the secretary of state [applicable
registrar] has received an affidavit submitted under Section
15.0215.
ARTICLE 3. VOTER REGISTRATION AGENCIES
SECTION 3.01. Section 20.061, Election Code is amended to
read as follows: APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
13.008.
SECTION 3.02. Section 20.062 (b), Election Code is amended
to read as follows:
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that the change of address is not for voter
registration purposes. [The form must allow a licensee or
cardholder to indicate whether the change of address is also to be
used for voter registration purposes.]
SECTION 3.03. Section 20.063, Election Code is amended to
read as follows: Section 20.063 REGISTRATION PROCEDURES. (a) The
Department of Public Safety shall consider an application made in
person, by mail, or via the Internet for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card, by a person who is eligible to vote as
provided by Section 13.001, as an application for voter
registration. The date of application is considered to be the date
of submission to the secretary of state for the purpose of
determining the effective date of registration.
(b) The Department of Public Safety shall consider a change
of address that relates to a license or card and that is submitted
to the department in person, by mail, or via the Internet as a
change in voter registration. The date of submission of a change of
address to a department employee is considered to be the date of
submission to the secretary of state for the purpose of determining
the effective date of registration.
(c) The registration of an eligible voter, as required by
Subsections (a) and (b) is automatic unless the person indicates
that the transaction is not for voter registration purposes.
[(a) The Department of Public Safety shall provide to each
person who applies in person at the department's offices for an
original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card an
opportunity to complete a voter registration application form.
(b) When the department processes a license or card for
renewal by mail, the department shall deliver to the applicant by
mail a voter registration application form.
(c) A change in address that relates to a license or card and
that is submitted to the department in person or by mail serves as a
change of address for voter registration unless the licensee or
cardholder indicated that the change is not for voter registration
purposes. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
date of registration only.
(d) If a completed voter registration application submitted
to a department employee does not include the applicant's correct
driver's license number or personal identification card number, a
department employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application.]
SECTION 3.04. Section 20.065, Election Code is amended to
read as follows: Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES
OF ADDRESS. [(a) At the end of each day a Department of Public
Safety office is regularly open for business, the manager of the
office shall deliver by mail or in person to the voter registrar of
the county in which the office is located each completed voter
registration application and applicable change of address
submitted to a department employee.]
[(b)] (a) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for voter registration for each individual who
is eligible to vote as provided by Section 13.001 and applies in
person, by mail, or online for an original or renewal of a driver's
license, a personal identification card, or a duplicate or
corrected license or card [name of each person who completes a voter
registration application submitted to the department]. The
secretary shall prescribe procedures necessary to implement this
subsection.
[(c) On the weekday the secretary of state is regularly open
for business following the date the secretary receives information
under Subsection [(b)] (a), the secretary shall inform the
appropriate voter registrar of the name of each person who
completes a voter registration application submitted to the
department. The registrar may verify that the registrar has
received each application as indicated by the information provided
by the secretary under this subsection.]
SECTION 3.05. Chapter 20, Election Code is amended by
adding Section 20.067 to read as follows: Sec. 20.067. PUBLIC
ANNOUNCEMENT. The Department of Public Safety and the secretary of
state shall develop printed materials and a public service
announcement to inform the public about automatic voter
registration.
ARTICLE 4. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CERTIFICATES
SECTION 4.01. Section 521.101, Transportation Code is
amended by amending Subsection (f) and adding Subsection (j) to
read as follows:
(f) A certificate expires on a date specified by the
department [, except that a certificate issued to a person 60 years
of age or older does not expire].
(j) The department shall indicate "VOTER" on the face of a
personal identification certificate issued to a person
automatically registered to vote under Section 20.063, Election
Code and "NONVOTER" on a personal identification certificate issued
to a person who declines to be registered to vote under Section
20.063 or is ineligible for voter registration.
SECTION 4.02. Subchapter F, Chapter 521, Transportation
Code is amended by adding Section 521.127 to read as follows:
Sec. 521.127. VOTER REGISTRATION REQUIRED TO BE INDICATED ON
LICENSE. The department shall indicate "VOTER" on the face of each
driver's license issued to a person automatically registered to
vote under Section 20.063, Election Code and "NONVOTER" each
driver's license issued to a person issued to a person who declines
to be registered to vote under Section 20.063 or is ineligible for
voter registration.
SECTION 4.03. Section 521.422(a), Transportation Code is
amended to read as follows: Sec. 521.422. PERSONAL IDENTIFICATION
CERTIFICATE FEE. (a) The fee for a personal identification
certificate is:
(1) Waived for an individual eligible to register to
vote under Section 13.001, Election Code;
(2) [(1)] $15 for a person under 60 years of age;
(3) [(2)] $5 for a person 60 years of age or older; and
(4) [(3)] $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
ARTICLE 5. APPLICABILITY; EFFECTIVE DATE
SECTION 5.01. This Act takes effect September 1, 2009,
except that Sections 1.11, 1.26, 2.04, 3.01, 3.02, 3.03, 3.04,
3.05, and 4.03 of this Act take effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.