82R24076 JRJ-D
By: Fraser S.R. No. 935
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on Senate
Bill 14 (requirements to vote, including presenting proof of
identification; providing criminal penalties), to consider and
take action on the following matters:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed SECTION 11
of the bill, in added Section 63.0012(a), Election Code, to read as
follows:
(a) An election officer shall distribute written notice of
the identification that will be required for voting beginning with
elections held after January 1, 2012, and information on obtaining
identification without a fee under Chapter 521A, Transportation
Code, to each voter who, when offering to vote, presents a form of
identification that will not be sufficient for acceptance as a
voter under this chapter beginning with those elections.
Explanation: This change is necessary to update the
cross-reference to reflect the addition of Chapter 521A,
Transportation Code.
(2) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed SECTION 14
of the bill, in amended Section 63.0101(1), Election Code, to read
as follows:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the Department of Public Safety that has not [or a similar
document issued to the person by an agency of another state,
regardless of whether the license or card has] expired or that
expired no earlier than 60 days before the date of presentation;
Explanation: This change is necessary to update the list of
acceptable forms of identification to reflect the addition of
election identification certificates in Chapter 521A,
Transportation Code.
(3) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed SECTION 17
of the bill, in added Section 65.054(b)(2)(B), Election Code, to
read as follows:
(B) notwithstanding Chapter 110, Civil Practice
and Remedies Code, executes an affidavit under penalty of perjury
that states the voter has a religious objection to being
photographed and the voter has consistently refused to be
photographed for any governmental purpose from the time the voter
has held this belief; or
Explanation: This change is necessary to clarify the
religious objection exception to the requirement that a voter have
photo identification to vote.
(4) Senate Rule 12.03(1) is suspended to permit the
committee to change text not in disagreement in proposed SECTION 18
of the bill, in added Section 65.0541(a), Election Code, to read as
follows:
(a) A voter who is accepted for provisional voting under
Section 63.011 because the voter does not meet the identification
requirements of Section 63.001(b) may, not later than the sixth day
after the date of the election:
(1) present a form of identification described by
Section 63.0101 to the voter registrar for examination; or
(2) execute an affidavit described by Section
65.054(b)(2)(B) or (C) in the presence of the voter registrar.
Explanation: This change is necessary to update the
cross-reference to reflect the addition of Section
65.054(b)(2)(C), Election Code.
(5) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either version of
the bill by adding the following new SECTION to the bill:
SECTION 20. Subtitle B, Title 7, Transportation Code, is
amended by adding Chapter 521A to read as follows:
CHAPTER 521A. ELECTION IDENTIFICATION CERTIFICATE
Sec. 521A.001. ELECTION IDENTIFICATION CERTIFICATE. (a)
The department shall issue an election identification certificate
to a person who states that the person is obtaining the certificate
for the purpose of satisfying Section 63.001(b), Election Code, and
does not have another form of identification described by Section
63.0101, Election Code, and:
(1) who is a registered voter in this state and
presents a valid voter registration certificate; or
(2) who is eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
(b) The department may not collect a fee for an election
identification certificate or a duplicate election identification
certificate issued under this section.
(c) An election identification certificate may not be used
or accepted as a personal identification certificate.
(d) An election officer may not deny the holder of an
election identification certificate the ability to vote because the
holder has an election identification certificate rather than a
driver's license or personal identification certificate issued
under this subtitle.
(e) An election identification certificate must be similar
in form to, but distinguishable in color from, a driver's license
and a personal identification certificate. The department may
cooperate with the secretary of state in developing the form and
appearance of an election identification certificate.
(f) The department may require each applicant for an
original or renewal election identification certificate to furnish
to the department the information required by Section 521.142.
(g) The department may cancel and require surrender of an
election identification certificate after determining that the
holder was not entitled to the certificate or gave incorrect or
incomplete information in the application for the certificate.
(h) A certificate expires on a date specified by the
department, except that a certificate issued to a person 70 years of
age or older does not expire.
Explanation: This addition is necessary to provide election
identification certificates to certain voters without charge to
enable those voters to meet the photo identification requirements
for voting.