83R5824 JRJ-D
By: Zedler H.B. No. 1253
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 13.007(b), Election Code, is amended to
read as follows:
(b) An offense under this section is a Class A [B]
misdemeanor.
SECTION 2. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. 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 3. Section 13.031(d), Election Code, as amended by
Chapters 1002 (H.B. 2194) and 1164 (H.B. 2817), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended 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;
(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) meet the requirements to be a qualified voter
under Section 11.002 except that the person is not required to be a
registered voter]
(3) not have been finally convicted of an offense
under Section 32.51, Penal Code; and
(4) for the six months immediately preceding the date
of appointment:
(A) have resided continuously in this state; and
(B) have been a registered voter.
SECTION 4. 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 13.008 or 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 5. 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 6. 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 7. The appointment of a person serving as a
volunteer deputy registrar who does not meet the eligibility
requirements of Section 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 8. This Act takes effect September 1, 2013.