82R2559 JRJ-D
By: Eiland H.B. No. 1533
A BILL TO BE ENTITLED
AN ACT
relating to voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Election Code, is amended by adding
Chapter 11A to read as follows:
CHAPTER 11A. VOTER IDENTIFICATION
Sec. 11A.001. APPLICABILITY. (a) Except as provided by
Subsection (b), this chapter supersedes a provision of this code or
a statute outside this code to the extent of any conflict.
(b) This chapter does not apply to the voter registration of
a person who is 65 years of age or older. This subsection expires
September 1, 2031.
Sec. 11A.002. DEFINITION. In this chapter, "department"
means the Department of Public Safety.
Sec. 11A.003. VOTER IDENTIFICATION ISSUED BY DEPARTMENT.
(a) The secretary of state shall adopt rules in conjunction with
the department to establish a process by which the issuance of a
driver's license or a personal identification card by the
department is the sole means of voter identification for the
purposes of being accepted for voting.
(b) The process established under this section must:
(1) phase out the use of voter registration
certificates; and
(2) provide for the encryption of a person's voter
registration number on the person's driver's license or personal
identification card.
Sec. 11A.004. RULES. (a) The secretary of state shall adopt
rules as necessary for the implementation and administration of
this chapter.
(b) The department shall adopt rules as necessary for the
implementation and administration of this chapter.
SECTION 2. Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS. An election officer serving a polling place for early
voting by personal appearance is a deputy voter registrar and has
the same authority as a regular deputy registrar.
SECTION 3. Section 65.054, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsection (b-1), a [A]
provisional ballot may be accepted only if 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.
(b-1) A provisional ballot cast under Section 85.0312 shall
be accepted if the voter registrar determines the applicant is
eligible for registration under Section 85.0312(d).
SECTION 4. Subchapter B, Chapter 85, Election Code, is
amended by adding Section 85.0312 to read as follows:
Sec. 85.0312. REGISTRATION AT POLLING PLACE DURING EARLY
VOTING. (a) A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted during early voting by personal appearance
for voting the ballot for the precinct of the person's residence as
shown by the identification presented if, on the day the person
offers to vote, the person:
(1) submits a voter registration application that
complies with Section 13.002 to an election officer at the polling
place; and
(2) presents as proof of residence:
(A) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
the person seeks to vote; or
(B) a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
vote, and:
(i) a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote;
(ii) a United States passport issued to the
person; or
(iii) a United States military
identification card that contains the person's photograph.
(b) The election officer shall make a copy of the proof of
residence submitted under Subsection (a)(2) and attach it to the
registration application. The election officer shall return the
original proof of residence to the voter.
(c) A person voting under this section shall vote a
provisional ballot in the manner provided by Section 63.011 except
that the person is not required to submit the affidavit under
Section 63.011(a).
(d) For each registration corresponding to a ballot cast
under this section, the voter registrar shall review the
application and copy of the proof of residence and determine
whether the applicant is eligible for registration as provided by
Subchapter C, Chapter 13. The registrar shall inform the early
voting ballot board of a determination made under this subsection.
A registration approved under this subsection takes effect on the
date the vote was cast.
(e) The secretary of state may by rule:
(1) designate additional documents that a person may
offer to prove the person's residence to register and vote under
this section; and
(2) prescribe procedures to implement this section.
SECTION 5. Not later than January 1, 2012, the secretary of
state and the Department of Public Safety shall adopt rules
required to implement the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2011.