Texas 2011 - 82nd Regular

Texas House Bill HB1925 Compare Versions

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Old	New	Differences
1	1	82R21954 JRJ-D
2	2	By: Zedler H.B. No. 1925
3	3	Substitute the following for H.B. No. 1925:
4	4	By: King of Parker C.S.H.B. No. 1925
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to voter registration; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 13.007(b), Election Code, is amended to
12	12	read as follows:
13	13	(b) An offense under this section is a Class A [B]
14	14	misdemeanor.
15	15	SECTION 2. Subchapter A, Chapter 13, Election Code, is
16	16	amended by adding Section 13.008 to read as follows:
17	17	Sec. 13.008. UNLAWFUL APPLICATION BY PERSON WHO IS NOT
18	18	UNITED STATES CITIZEN. (a) A person commits an offense if the
19	19	person is not a citizen of the United States and the person:
20	20	(1) submits an application for registration as a voter
21	21	in this state; or
22	22	(2) requests, commands, or attempts to induce another
23	23	to submit on the person's behalf a registration application.
24	24	(b) An offense under this section is a state jail felony.
25	25	SECTION 3. Section 13.031, Election Code, is amended by
26	26	amending Subsection (d) and adding Subsection (e) to read as
27	27	follows:
28	28	(d) To be eligible for appointment as a volunteer deputy
29	29	registrar, a person must:
30	30	(1) be 18 years of age or older; [and]
31	31	(2) not have been finally convicted of a felony or, if
32	32	so convicted, must have:
33	33	(A) fully discharged the person's sentence,
34	34	including any term of incarceration, parole, or supervision, or
35	35	completed a period of probation ordered by any court; or
36	36	(B) been pardoned or otherwise released from the
37	37	resulting disability to vote; and
38	38	(3) for the six months immediately preceding the date
39	39	of appointment:
40	40	(A) have resided continuously in this state; and
41	41	(B) have been a registered voter.
42	42	(e) A volunteer deputy registrar appointed under this
43	43	section may not receive another person's registration application
44	44	until the deputy registrar has completed training developed under
45	45	Section 13.047. At the time of appointment, the voter registrar
46	46	shall provide information about the times and places at which
47	47	training is offered.
48	48	SECTION 4. Section 13.036(a), Election Code, is amended to
49	49	read as follows:
50	50	(a) An appointment as a volunteer deputy registrar is
51	51	terminated on:
52	52	(1) the expiration of the volunteer deputy's term of
53	53	appointment; [or]
54	54	(2) the final conviction of the volunteer deputy for
55	55	an offense prescribed by Section 13.043;
56	56	(3) the submission of an incomplete or late
57	57	registration application; or
58	58	(4) apparent evidence of forgery by the volunteer
59	59	deputy in the completion of a registration application.
60	60	SECTION 5. Subchapter B, Chapter 13, Election Code, is
61	61	amended by adding Section 13.047 to read as follows:
62	62	Sec. 13.047. TRAINING STANDARDS FOR DEPUTY REGISTRARS. (a)
63	63	The secretary of state shall:
64	64	(1) adopt standards of training in election law
65	65	relating to the registration of voters;
66	66	(2) develop materials for a standardized curriculum
67	67	for that training; and
68	68	(3) distribute the materials as necessary to each
69	69	county voter registrar.
70	70	(b) The training standards may include the passage of an
71	71	examination at the end of a training program.
72	72	SECTION 6. Section 13.122(a), Election Code, is amended to
73	73	read as follows:
74	74	(a) In addition to the other statements and spaces for
75	75	entering information that appear on an officially prescribed
76	76	registration application form, each official form must include:
77	77	(1) the statement: "I understand that giving false
78	78	information to procure a voter registration is perjury and a crime
79	79	under state and federal law and that submitting a voter
80	80	registration or voting as a noncitizen is also a crime under state
81	81	law.";
82	82	(2) a space for the applicant's registration number;
83	83	(3) a space for the applicant's Texas driver's license
84	84	number or number of a personal identification card issued by the
85	85	Department of Public Safety;
86	86	(4) a space for the applicant's telephone number;
87	87	(5) a space for the applicant's social security
88	88	number;
89	89	(6) a space for the applicant's sex;
90	90	(7) a statement indicating that the furnishing of the
91	91	applicant's telephone number and sex is optional;
92	92	(8) a space or box for indicating whether the
93	93	applicant or voter is submitting new registration information or a
94	94	change in current registration information;
95	95	(9) a statement instructing a voter who is using the
96	96	form to make a change in current registration information to enter
97	97	the voter's name and the changed information in the appropriate
98	98	spaces on the form;
99	99	(10) a statement that if the applicant declines to
100	100	register to vote, that fact will remain confidential and will be
101	101	used only for voter registration purposes;
102	102	(11) a statement that if the applicant does register
103	103	to vote, information regarding the agency or office to which the
104	104	application is submitted will remain confidential and will be used
105	105	only for voter registration purposes;
106	106	(12) a space or box for indicating whether the
107	107	applicant is interested in working as an election judge;
108	108	(13) a statement warning that a conviction of an
109	109	offense under this code [for making a false statement] may result in
110	110	imprisonment for up to the maximum amount of time provided by law, a
111	111	fine of up to the maximum amount provided by law, or both the
112	112	imprisonment and the fine; and
113	113	(14) any other voter registration information
114	114	required by federal law or considered appropriate and required by
115	115	the secretary of state.
116	116	SECTION 7. Section 16.092, Election Code, is amended to
117	117	read as follows:
118	118	Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to
119	119	challenge a registration must file with the registrar a sworn
120	120	statement of the grounds for the challenge that:
121	121	(1) identifies the voter whose registration is being
122	122	challenged; and
123	123	(2) states a specific qualification for registration
124	124	that the challenged voter has not met based on the personal
125	125	knowledge of the voter desiring to challenge the registration or as
126	126	evidenced by documentation.
127	127	SECTION 8. The appointment of a person serving as a
128	128	volunteer deputy registrar who does not meet the eligibility
129	129	requirements of Section 13.031, Election Code, as amended by this
130	130	Act, expires on the effective date of this Act. The secretary of
131	131	state shall prescribe procedures necessary to implement this
132	132	section.
133	133	SECTION 9. The secretary of state shall adopt training
134	134	standards under Section 13.047, Election Code, as added by this
135	135	Act, not later than January 1, 2012.
136	136	SECTION 10. The changes in law made by this Act apply only
137	137	to a deputy voter registrar appointed on or after the date the
138	138	secretary of state adopts training standards under Section 13.047,
139	139	Election Code, as added by this Act.
140	140	SECTION 11. This Act takes effect September 1, 2011.