Texas 2011 82nd Regular

Texas House Bill HB1925 Introduced / Bill

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                    82R6913 JRJ-D
 By: Zedler H.B. No. 1925


 A BILL TO BE ENTITLED
 AN ACT
 relating to voter registration; creating an offense.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 12.006, Election Code, is amended by
 amending Subsection (a) and adding Subsection (e) to read as
 follows:
 (a)  The registrar may appoint one or more deputy registrars
 to assist in the registration of voters, subject to Subsection (e).
 (e)  To be eligible for appointment as a regular deputy
 registrar under this section, a person must, for the six months
 immediately preceding the date of appointment:
 (1)  have resided continuously in this state; and
 (2)  have been a registered voter.
 SECTION 2.  Subchapter A, Chapter 12, Election Code, is
 amended by adding Section 12.007 to read as follows:
 Sec. 12.007.  TERMINATION OF APPOINTMENT. (a) An
 appointment as a deputy registrar is terminated on:
 (1)  the submission of an incomplete or late
 registration application; or
 (2)  apparent evidence of forgery by the deputy in the
 completion of a registration application.
 (b)  Immediately on the termination of an appointment, the
 registrar shall deliver written notice of the termination to the
 deputy, directing the deputy:
 (1)  to stop activity as a deputy registrar
 immediately; and
 (2)  to deliver the certificate of appointment, receipt
 forms, and registration applications and receipts in the deputy's
 possession to the registrar not later than the second day after the
 date the deputy receives the termination notice.
 (c)  The registrar shall reject all registration
 applications received by a person purporting to act as a deputy
 registrar after the person's appointment is terminated.
 SECTION 3.  Section 13.007(b), Election Code, is amended to
 read as follows:
 (b)  An offense under this section is a Class A [B]
 misdemeanor.
 SECTION 4.  Subchapter A, Chapter 13, Election Code, is
 amended by adding Section 13.008 to read as follows:
 Sec. 13.008.  UNLAWFUL APPLICATION BY PERSON WHO IS NOT
 UNITED STATES CITIZEN. (a) A person commits an offense if the
 person is not a citizen of the United States and the person:
 (1)  submits an application for registration as a voter
 in this state; or
 (2)  requests, commands, or attempts to induce another
 to submit on the person's behalf a registration application.
 (b)  An offense under this section is a state jail felony.
 SECTION 5.  Section 13.031, Election Code, is amended by
 amending Subsection (d) and adding Subsection (e) to read as
 follows:
 (d)  To be eligible for appointment as a volunteer deputy
 registrar, a person must:
 (1)  be 18 years of age or older; [and]
 (2)  not have been finally convicted of a felony or, if
 so convicted, must have:
 (A)  fully discharged the person's sentence,
 including any term of incarceration, parole, or supervision, or
 completed a period of probation ordered by any court; or
 (B)  been pardoned or otherwise released from the
 resulting disability to vote; and
 (3)   for the six months immediately preceding the date
 of appointment:
 (A)  have resided continuously in this state; and
 (B)  have been a registered voter.
 (e)  A volunteer deputy registrar appointed under this
 section may not receive another person's registration application
 until the deputy registrar has completed training developed under
 Section 13.047. At the time of appointment, the voter registrar
 shall provide information about the times and places at which
 training is offered.
 SECTION 6.  Section 13.036(a), Election Code, is amended to
 read as follows:
 (a)  An appointment as a volunteer deputy registrar is
 terminated on:
 (1)  the expiration of the volunteer deputy's term of
 appointment; [or]
 (2)  the final conviction of the volunteer deputy for
 an offense prescribed by Section 13.043;
 (3)  the submission of an incomplete or late
 registration application; or
 (4)  apparent evidence of forgery by the volunteer
 deputy in the completion of a registration application.
 SECTION 7.  Subchapter B, Chapter 13, Election Code, is
 amended by adding Section 13.047 to read as follows:
 Sec. 13.047.  TRAINING STANDARDS FOR DEPUTY REGISTRARS. (a)
 The secretary of state shall:
 (1)  adopt standards of training in election law
 relating to the registration of voters;
 (2)  develop materials for a standardized curriculum
 for that training; and
 (3)  distribute the materials as necessary to each
 county voter registrar.
 (b)  The training standards may include the passage of an
 examination at the end of a training program.
 SECTION 8.  Section 13.122(a), Election Code, is amended to
 read as follows:
 (a)  In addition to the other statements and spaces for
 entering information that appear on an officially prescribed
 registration application form, each official form must include:
 (1)  the statement:  "I understand that giving false
 information to procure a voter registration is perjury and a crime
 under state and federal law and that submitting a voter
 registration or voting as a noncitizen is also a crime under state
 law.";
 (2)  a space for the applicant's registration number;
 (3)  a space for the applicant's Texas driver's license
 number or number of a personal identification card issued by the
 Department of Public Safety;
 (4)  a space for the applicant's telephone number;
 (5)  a space for the applicant's social security
 number;
 (6)  a space for the applicant's sex;
 (7)  a statement indicating that the furnishing of the
 applicant's telephone number and sex is optional;
 (8)  a space or box for indicating whether the
 applicant or voter is submitting new registration information or a
 change in current registration information;
 (9)  a statement instructing a voter who is using the
 form to make a change in current registration information to enter
 the voter's name and the changed information in the appropriate
 spaces on the form;
 (10)  a statement that if the applicant declines to
 register to vote, that fact will remain confidential and will be
 used only for voter registration purposes;
 (11)  a statement that if the applicant does register
 to vote, information regarding the agency or office to which the
 application is submitted will remain confidential and will be used
 only for voter registration purposes;
 (12)  a space or box for indicating whether the
 applicant is interested in working as an election judge;
 (13)  a statement warning that a conviction of an
 offense under this code [for making a false statement] may result in
 imprisonment for up to the maximum amount of time provided by law, a
 fine of up to the maximum amount provided by law, or both the
 imprisonment and the fine; and
 (14)  any other voter registration information
 required by federal law or considered appropriate and required by
 the secretary of state.
 SECTION 9.  Section 16.092, Election Code, is amended to
 read as follows:
 Sec. 16.092.  SWORN STATEMENT REQUIRED. A voter desiring to
 challenge a registration must file with the registrar a sworn
 statement of the grounds for the challenge that:
 (1)  identifies the voter whose registration is being
 challenged; and
 (2)  states a specific qualification for registration
 that the challenged voter has not met based on the personal
 knowledge of the voter desiring to challenge the registration or as
 evidenced by documentation.
 SECTION 10.  The appointment of a person serving as a regular
 deputy registrar or volunteer deputy registrar who does not meet
 the eligibility requirements of Section 12.006 or 13.031, Election
 Code, as amended by this Act, expires on the effective date of this
 Act. The secretary of state shall prescribe procedures necessary
 to implement this section.
 SECTION 11.  The secretary of state shall adopt training
 standards under Section 13.047, Election Code, as added by this
 Act, not later than January 1, 2012.
 SECTION 12.  The changes in law made by this Act apply only
 to a deputy voter registrar appointed on or after the date the
 secretary of state adopts training standards under Section 13.047,
 Election Code, as added by this Act.
 SECTION 13.  This Act takes effect September 1, 2011.