By: Fraser S.R. No. 935
SENATE RESOLUTION
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 Subsection (a), Section 63.0012,
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 Subdivision (1), Section 63.0101,
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 Paragraph (B), Subdivision (2),
Subsection (b), Section 65.054, 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 Subsection (a), Section 65.0541,
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 Paragraph (C),
Subdivision (2), Subsection (b), Section 65.054, 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 9, 2011, by the
following vote: Yeas 19, Nays 12.
_______________________________
Secretary of the Senate