Texas 2015 - 84th Regular

Texas House Bill HB3267 Compare Versions

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11 84R9501 JRJ-D
22 By: Herrero H.B. No. 3267
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to automatic voter registration on issuance or change of a
88 driver's license or identification card by the Department of Public
99 Safety.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION, INITIAL
1212 REGISTRATION, AND RENEWAL OF REGISTRATION
1313 SECTION 1.01. Section 12.001, Election Code, is amended to
1414 read as follows:
1515 Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. (a) Except as
1616 provided by Subsection (b), the [The] county tax assessor-collector
1717 is the voter registrar for the county unless the position of county
1818 elections administrator is created or the county clerk is
1919 designated as the voter registrar.
2020 (b) The secretary of state is the voter registrar for the
2121 purpose of the registration of voters and maintenance of the list of
2222 registered voters. The voter registrar designated under Subsection
2323 (a) is the voter registrar for all other purposes.
2424 SECTION 1.02. Section 12.004, Election Code, is amended to
2525 read as follows:
2626 Sec. 12.004. OFFICE HOURS. (a) [The registrar shall
2727 conduct voter registration activities at all times during regular
2828 office hours.
2929 [(b) The registrar may keep the office open for voter
3030 registration activities at times other than regular office hours.
3131 The registrar shall post notice of the irregular days and hours the
3232 office will be open. The notice must remain posted continuously at
3333 each entrance to the registrar's office for the period beginning
3434 not later than the third day before the day the office is to be open
3535 during irregular hours and ending after the last time specified in
3636 the notice for the office to be open.
3737 [(c)] The registrar's office shall remain open [for voter
3838 registration activities] during the hours the polls are required to
3939 be open for voting on the date of any general or primary election in
4040 which a statewide office appears on the ballot or any other election
4141 held in the county on a uniform election date.
4242 (b) [(d)] If early voting by personal appearance is
4343 required to be conducted for extended hours under Section 85.005(c)
4444 or for weekend hours under Section 85.006(e), the registrar's
4545 office shall remain open for providing voter registration
4646 information during the extended hours or weekend hours that the
4747 main early voting polling place is open for voting.
4848 SECTION 1.03. Section 13.001(b), Election Code, is amended
4949 to read as follows:
5050 (b) To be eligible to apply for registration, a person must,
5151 on the date the registration application is submitted to the
5252 secretary of state [registrar], be at least 17 years and 10 months
5353 of age and satisfy the requirements of Subsection (a) except for
5454 age.
5555 SECTION 1.04. The heading to Section 13.002, Election Code,
5656 is amended to read as follows:
5757 Sec. 13.002. OPTIONAL APPLICATION [REQUIRED].
5858 SECTION 1.05. Section 13.002, Election Code, is amended by
5959 amending Subsection (a) and adding Subsection (j) to read as
6060 follows:
6161 (a) A person desiring to register to vote may [must] submit
6262 an application to the secretary of state or to the registrar of the
6363 county in which the person resides, who must forward the
6464 application to the secretary of state not later than the fifth day
6565 after the date the application is submitted. Except as provided by
6666 Subsection (e), an application must be submitted by personal
6767 delivery, by mail, or by telephonic facsimile machine in accordance
6868 with Sections 13.143(d) and (d-2).
6969 (j) Nothing in this section shall prevent a person from
7070 becoming registered to vote as provided by Section 13.009.
7171 SECTION 1.06. Section 13.0021, Election Code, is amended by
7272 adding Subsection (c) to read as follows:
7373 (c) A federal judge or state judge or the spouse of a federal
7474 judge or state judge who is automatically registered to vote under
7575 Section 13.009 and seeks to have a residence address omitted from
7676 the registration list shall submit an affidavit to the secretary of
7777 state stating that the individual is a federal judge or state judge
7878 or the spouse of a federal judge or state judge.
7979 SECTION 1.07. Section 13.004, Election Code, is amended to
8080 read as follows:
8181 Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN
8282 INFORMATION [BY REGISTRAR]. (a) The secretary of state
8383 [registrar] may not transcribe, copy, or otherwise record a
8484 telephone number furnished on a registration application.
8585 (b) The secretary of state [registrar] may transcribe,
8686 copy, or otherwise record a social security number furnished on a
8787 registration application only in maintaining the accuracy of the
8888 registration records.
8989 (c) The following information furnished on a registration
9090 application is confidential and does not constitute public
9191 information for purposes of Chapter 552, Government Code:
9292 (1) a social security number;
9393 (2) a Texas driver's license number;
9494 (3) a number of a personal identification card issued
9595 by the Department of Public Safety;
9696 (4) an indication that an applicant is interested in
9797 working as an election judge; or
9898 (5) the residence address of the applicant, if the
9999 applicant is a federal judge or state judge, as defined by Section
100100 13.0021, the spouse of a federal judge or state judge, or an
101101 individual to whom Section 552.1175, Government Code, applies and
102102 the applicant:
103103 (A) included an affidavit with the registration
104104 application describing the applicant's status under this
105105 subdivision, including an affidavit under Section 13.0021 if the
106106 applicant is a federal judge or state judge or the spouse of a
107107 federal judge or state judge;
108108 (B) provided the secretary of state [registrar]
109109 with an affidavit describing the applicant's status under this
110110 subdivision, including an affidavit under Section 15.0215 if the
111111 applicant is a federal judge or state judge or the spouse of a
112112 federal judge or state judge; or
113113 (C) provided the secretary of state [registrar]
114114 with a completed form approved by the secretary of state for the
115115 purpose of notifying the secretary of state [registrar] of the
116116 applicant's status under this subdivision.
117117 (c-1) The secretary of state and the registrar shall ensure
118118 that the information listed in Subsection (c) is excluded from
119119 disclosure.
120120 (d) The secretary of state, voter registrar, or other county
121121 official who has access to the information furnished on a
122122 registration application may not post the following information on
123123 a website:
124124 (1) a telephone number;
125125 (2) a social security number;
126126 (3) a driver's license number or a number of a personal
127127 identification card;
128128 (4) a date of birth; or
129129 (5) the residence address of a voter who is a federal
130130 judge or state judge, as defined by Section 13.0021, or the spouse
131131 of a federal judge or state judge, if the voter included an
132132 affidavit with the application under Section 13.0021 or the
133133 secretary of state [registrar] has received an affidavit submitted
134134 under Section 13.0021(c) or 15.0215.
135135 SECTION 1.08. Subchapter A, Chapter 13, Election Code, is
136136 amended by adding Sections 13.009 and 13.010 to read as follows:
137137 Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
138138 PUBLIC SAFETY. (a) The secretary of state shall automatically
139139 register any individual who is eligible to vote as provided by
140140 Section 13.001 and:
141141 (1) is issued a Texas driver's license or a personal
142142 identification card by the Department of Public Safety; or
143143 (2) makes a change to a Texas driver's license or
144144 personal identification card issued by the Department of Public
145145 Safety.
146146 (b) A driver's license or personal identification card
147147 transaction with an indication provided by Section 20.062(b) or
148148 20.063(c) that the transaction is not for voter registration
149149 purposes is not subject to this section.
150150 Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The
151151 secretary of state shall post on its Internet website voter
152152 registration application forms that may be printed and submitted to
153153 the secretary of state or to the registrar of the county in which
154154 the person resides in:
155155 (1) English; and
156156 (2) any language other than English for which over
157157 five percent of the total voting age citizens of a political
158158 subdivision in this state are members of that single minority
159159 language group.
160160 SECTION 1.09. Section 13.071, Election Code, is amended to
161161 read as follows:
162162 Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
163163 state [registrar] shall review each submitted application for
164164 registration to determine whether it complies with Section 13.002
165165 and indicates that the applicant is eligible for registration.
166166 (b) The secretary of state [registrar] shall make the
167167 determination not later than the seventh day after the date the
168168 application is submitted to the secretary of state [registrar].
169169 SECTION 1.10. Sections 13.072(a), (b), and (c), Election
170170 Code, are amended to read as follows:
171171 (a) The secretary of state [Unless the registrar challenges
172172 the applicant, the registrar] shall approve the application if:
173173 (1) the secretary of state [registrar] determines that
174174 an application complies with Section 13.002 and indicates that the
175175 applicant is eligible for registration; and
176176 (2) for an applicant who has not included a statement
177177 described by Section 13.002(c)(8)(C) or for an applicant who does
178178 not register under Section 13.009, the [registrar verifies with
179179 the] secretary of state verifies:
180180 (A) the applicant's Texas driver's license number
181181 or number of a personal identification card issued by the
182182 Department of Public Safety; or
183183 (B) the last four digits of the applicant's
184184 social security number.
185185 (b) After approval of an application by an applicant who was
186186 registered in another county at the time of application, the
187187 secretary of state [registrar] shall update the statewide voter
188188 registration list to reflect [deliver written notice of the
189189 applicant's change of residence to the other county's registrar and
190190 include in the notice] the applicant's change in county of [name,
191191 former] residence [address, and former registration number, if
192192 known].
193193 (c) If [Except as provided by Subsection (d), if] the
194194 secretary of state [registrar] determines that an application does
195195 not comply with Section 13.002 or does not indicate that the
196196 applicant is eligible for registration, the secretary of state
197197 [registrar] shall reject the application.
198198 SECTION 1.11. Subchapter C, Chapter 13, Election Code, is
199199 amended by adding Section 13.0725 to read as follows:
200200 Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS
201201 DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED
202202 PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The
203203 secretary of state shall adopt rules establishing standards used
204204 for the verification of information on a voter registration
205205 application submitted under Section 13.072(a)(2)(A). The rules
206206 shall provide a process by which the secretary of state verifies an
207207 applicant's Texas driver's license number or Department of Public
208208 Safety issued personal identification card number if, based on the
209209 available information, a minor correction in the applicant's last
210210 name or date of birth would lead a reasonable person to conclude
211211 that the number submitted is the correct number for that applicant.
212212 (b) If available, the secretary of state shall review the
213213 name and date of birth maintained by the Department of Public Safety
214214 or other agency used in the verification process for a submitted
215215 application that corresponds to the Texas driver's license number,
216216 Department of Public Safety issued personal identification card
217217 number, or social security number submitted by the applicant if:
218218 (1) the secretary of state cannot verify the accuracy
219219 of an applicant's Texas driver's license number, Department of
220220 Public Safety issued personal identification card number, or social
221221 security number as submitted by the applicant; or
222222 (2) the secretary of state verifies the accuracy of
223223 the number provided, but it is not a perfect match with the personal
224224 information provided by the applicant.
225225 (c) If the application was not otherwise verified under this
226226 section and the secretary of state determines that a governmental
227227 clerical error was made in processing or submitting the
228228 application, the secretary of state shall correct the registration
229229 record and submit the corrected record for verification under
230230 Section 13.072(a)(2).
231231 SECTION 1.12. Section 13.073, Election Code, is amended to
232232 read as follows:
233233 Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided
234234 by Subsection (b), the secretary of state [registrar] shall deliver
235235 written notice of the reason for the rejection of an application to
236236 the applicant not later than the second day after the date of
237237 rejection. If an application is rejected because it was not
238238 verified under Section 13.072, the notice shall indicate whether
239239 the last name, date of birth, Texas driver's license number,
240240 Department of Public Safety issued personal identification card
241241 number, or social security number was the reason for the failure to
242242 verify, if that information is provided to the secretary of state
243243 under Section 13.0725.
244244 (b) If the secretary of state [registrar] rejects an
245245 application in the applicant's presence, at that time the secretary
246246 of state [registrar] shall orally inform the applicant of the
247247 reason for the rejection. If the rejection is for incompleteness,
248248 the secretary of state [registrar] shall return the application to
249249 the applicant for completion and resubmission.
250250 (c) If the secretary of state [registrar] rejects an
251251 application for incompleteness but receives a completed
252252 application not later than the 10th day after the date the notice is
253253 delivered under Subsection (a) or the date the incomplete
254254 application is returned under Subsection (b), as applicable, the
255255 original date of submission of the incomplete application is
256256 considered to be the date of submission to the secretary of state
257257 [registrar] for the purpose of determining the effective date of
258258 registration.
259259 SECTION 1.13. Sections 13.074(a) and (b), Election Code,
260260 are amended to read as follows:
261261 (a) If after the secretary of state determines
262262 [determining] that an application complies with Section 13.002 and
263263 indicates that the applicant is eligible for registration, the
264264 registrar has reason to believe the applicant is not eligible for
265265 registration or the application was submitted in an unauthorized
266266 manner, the registrar shall challenge the applicant.
267267 (b) The registrar shall indicate on the statewide
268268 computerized voter registration list [application of a challenged
269269 applicant] that the applicant's eligibility or the manner of
270270 submission of the application has been challenged and the date of
271271 the challenge.
272272 SECTION 1.14. Section 13.080, Election Code, is amended to
273273 read as follows:
274274 Sec. 13.080. RECORDING REJECTION. On rejection of an
275275 applicant's registration application by a registrar under Section
276276 13.079, the registrar shall inform the secretary of state and the
277277 secretary of state shall enter the date of and reason for the
278278 rejection on the application.
279279 SECTION 1.15. Sections 13.101(a) and (b), Election Code,
280280 are amended to read as follows:
281281 (a) The secretary of state [registrar] shall maintain a file
282282 containing the approved registration applications of the
283283 registered voters of the state [county].
284284 (b) The secretary of state [registrar] shall maintain the
285285 file in alphabetical order by voter name on a county by county
286286 [countywide] basis. However, the secretary of state [registrar] may
287287 maintain the file in numerical order by registration number if the
288288 secretary of state [registrar] regularly maintains a list of
289289 registered voters in alphabetical order by voter name on a county by
290290 county [countywide] basis.
291291 SECTION 1.16. Sections 13.102(a), (b), and (c), Election
292292 Code, are amended to read as follows:
293293 (a) The secretary of state [registrar] shall maintain a file
294294 containing the rejected applications of applicants for
295295 registration.
296296 (b) The secretary of state [registrar] shall maintain a
297297 file, separate from the file maintained under Subsection (a),
298298 containing the applications of the voters whose registrations have
299299 been canceled.
300300 (c) The secretary of state [registrar] shall maintain each
301301 file in alphabetical order by applicant or voter name on a county by
302302 county [countywide] basis.
303303 SECTION 1.17. Section 13.103, Election Code, is amended to
304304 read as follows:
305305 Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The
306306 registration application files maintained under this subchapter
307307 shall be kept in the secretary of state's [registrar's] office at
308308 all times in a place and manner ensuring their security.
309309 (b) Applications may be removed from the secretary of
310310 state's [registrar's] office temporarily, in a manner ensuring
311311 their security, for use in preparing registration certificates,
312312 lists of registered voters, and other registration documents by
313313 electronic data-processing methods.
314314 SECTION 1.18. Section 13.104(a), Election Code, is amended
315315 to read as follows:
316316 (a) Instead of keeping the original registration
317317 applications and supporting documentation as required by this
318318 title, the secretary of state [registrar] may record the
319319 applications and documentation on an optical disk or other computer
320320 storage medium [approved by the secretary of state].
321321 SECTION 1.19. Section 13.142(a), Election Code, is amended
322322 to read as follows:
323323 (a) The secretary of state shall notify the registrar of a
324324 voter's registration as soon as practicable. After notification of
325325 registration of a voter by the secretary of state under Section
326326 13.009, or approval of a registration application by the secretary
327327 of state, the registrar shall:
328328 (1) prepare a voter registration certificate in
329329 duplicate and issue the original certificate to the applicant; and
330330 (2) enter the applicant's county election precinct
331331 number and registration number on the applicant's registration
332332 application.
333333 SECTION 1.20. Sections 13.143(a), (d), (d-2), and (e),
334334 Election Code, are amended to read as follows:
335335 (a) Except as provided by Subsections (b) and (e), if an
336336 applicant's registration application is approved, the registration
337337 becomes effective on the 30th day after the date the application is
338338 submitted to the secretary of state [registrar] or on the date the
339339 applicant becomes 18 years of age, whichever is later.
340340 (d) For purposes of determining the effective date of a
341341 registration, an application submitted by:
342342 (1) mail is considered to be submitted to the
343343 secretary of state [registrar] on the date it is placed with postage
344344 prepaid and properly addressed in the United States mail; or
345345 (2) telephonic facsimile machine is considered to be
346346 submitted to the secretary of state [registrar] on the date the
347347 transmission is received by the secretary of state [registrar],
348348 subject to Subsection (d-2).
349349 (d-2) For a registration application submitted by
350350 telephonic facsimile machine to be effective, a copy of the
351351 registration application must be submitted by mail and be received
352352 by the secretary of state [registrar] not later than the fourth
353353 business day after the transmission by telephonic facsimile machine
354354 is received.
355355 (e) If the 30th day before the date of an election is a
356356 Saturday, Sunday, or legal state or national holiday, an
357357 application is considered to be timely if it is submitted to the
358358 secretary of state [registrar] on or before the next regular
359359 business day.
360360 SECTION 1.21. Sections 13.144(a) and (b), Election Code,
361361 are amended to read as follows:
362362 (a) Not later than the 30th day after the date the registrar
363363 receives notice from the secretary of state that an individual has
364364 registered to vote [the application], the registrar shall deliver
365365 the original of an initial certificate:
366366 (1) in person to the applicant or the applicant's agent
367367 appointed under Section 13.003; or
368368 (2) by mail to the applicant.
369369 (b) If delivery is by mail, the registrar shall send the
370370 certificate to the mailing address provided for the individual in
371371 the statewide computerized voter [on the applicant's] registration
372372 list [application].
373373 SECTION 1.22. Section 14.002(a), Election Code, is amended
374374 to read as follows:
375375 (a) Except as provided by Subsection (d), the registrar
376376 shall deliver a voter's renewal certificate by mail to the mailing
377377 address provided for the individual in the statewide computerized
378378 voter [on the voter's] registration list [application].
379379 SECTION 1.23. Section 15.021(c), Election Code, is amended
380380 to read as follows:
381381 (c) The registrar shall retain the notice on file [with the
382382 voter's registration application]. If the correction is a change
383383 of the voter's name, the registrar shall file the application under
384384 the new name.
385385 SECTION 1.24. Section 15.0215(b), Election Code, is amended
386386 to read as follows:
387387 (b) A federal judge, a state judge, or the spouse of a
388388 federal judge or state judge who is registered to vote may at any
389389 time submit to the secretary of state [registrar of the county in
390390 which the judge resides] an affidavit stating that the voter is a
391391 federal judge or state judge or the spouse of a federal judge or
392392 state judge.
393393 SECTION 1.25. Section 15.053(c), Election Code, is amended
394394 to read as follows:
395395 (c) The registrar shall submit [act on] the response to the
396396 secretary of state for action in accordance with Section 13.072 and
397397 retain the response on file [with the voter's registration
398398 application].
399399 SECTION 1.26. Section 16.005, Election Code, is amended to
400400 read as follows:
401401 Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract
402402 received under this subchapter affects a registered voter of the
403403 county, the registrar shall retain a copy of the abstract on file
404404 [with the affected voter's registration application].
405405 SECTION 1.27. Section 16.031(a), Election Code, is amended
406406 to read as follows:
407407 (a) The registrar shall cancel a voter's registration
408408 immediately on receipt of:
409409 (1) notice under Section [13.072(b) or] 15.021 or a
410410 response under Section 15.053 that the voter's residence is outside
411411 the county;
412412 (2) an abstract of the voter's death certificate under
413413 Section 16.001(a) or an abstract of an application indicating that
414414 the voter is deceased under Section 16.001(b);
415415 (3) an abstract of a final judgment of the voter's
416416 total mental incapacity, partial mental incapacity without the
417417 right to vote, conviction of a felony, or disqualification under
418418 Section 16.002, 16.003, or 16.004;
419419 (4) notice under Section 112.012 that the voter has
420420 applied for a limited ballot in another county;
421421 (5) notice from a voter registration official in
422422 another state that the voter has registered to vote outside this
423423 state;
424424 (6) notice from the early voting clerk under Section
425425 101.053 [101.0041] that a federal postcard application submitted by
426426 an applicant states a voting residence address located outside the
427427 registrar's county; or
428428 (7) notice from the secretary of state that the voter
429429 has registered to vote in another county, as determined by the
430430 voter's driver's license number or personal identification card
431431 number issued by the Department of Public Safety or social security
432432 number.
433433 SECTION 1.28. Section 16.033(f), Election Code, is amended
434434 to read as follows:
435435 (f) The registrar shall retain a copy of the notice mailed
436436 to a voter under this section on file [with the voter's registration
437437 application]. If the voter's reply to the notice is in writing, the
438438 registrar shall also retain the reply on file [with the
439439 application]. If the reply is oral, the registrar shall prepare a
440440 memorandum of the reply, indicating the substance and date of the
441441 reply, and shall retain the memorandum on file [with the
442442 application].
443443 SECTION 1.29. Section 16.0331(c), Election Code, is amended
444444 to read as follows:
445445 (c) The registrar shall retain the request on file [with the
446446 voter's registration application].
447447 SECTION 1.30. Section 16.034, Election Code, is amended to
448448 read as follows:
449449 Sec. 16.034. RECORDING CANCELLATION. On cancellation of a
450450 voter's registration, the registrar shall notify the secretary of
451451 state of [enter] the date of and reason for the cancellation and the
452452 secretary of state shall record the information on the voter's
453453 registration application and duplicate registration certificate
454454 and make any other appropriate corrections in the registration
455455 records.
456456 SECTION 1.31. Section 16.037(c), Election Code, is amended
457457 to read as follows:
458458 (c) On reinstatement of a registration, the registrar shall
459459 notify the secretary of state of [enter] the date of and reason for
460460 the reinstatement and the secretary of state shall record the
461461 information on the voter's registration application and duplicate
462462 registration certificate, make any appropriate corrections in the
463463 registration records, and take any other action necessary to give
464464 effect to the reinstatement.
465465 SECTION 1.32. Section 31.040(b), Election Code, is amended
466466 to read as follows:
467467 (b) The commissioners court or the administrator may
468468 require any or all of the administrator's deputies[, other than
469469 unpaid volunteer deputy registrars,] to give a bond similar to that
470470 required of the administrator in an amount not exceeding the amount
471471 of the administrator's bond.
472472 SECTION 1.33. Section 31.161(b), Election Code, is amended
473473 to read as follows:
474474 (b) The joint elections commission or the joint elections
475475 administrator may require any or all of the administrator's
476476 deputies[, other than unpaid volunteer deputy registrars,] to give
477477 a bond similar to that required of the administrator in an amount
478478 not exceeding the amount of the administrator's bond.
479479 ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
480480 SECTION 2.01. Section 18.005(c), Election Code, is amended
481481 to read as follows:
482482 (c) The original or supplemental list of registered voters
483483 may not contain the residence address of a voter who is a federal
484484 judge, a state judge, or the spouse of a federal judge or state
485485 judge, if the voter included an affidavit with the voter's
486486 registration application under Section 13.0021 or the secretary of
487487 state [registrar] received an affidavit submitted under Section
488488 15.0215 before the list was prepared. In this subsection, "federal
489489 judge" and "state judge" have the meanings assigned by Section
490490 13.0021.
491491 SECTION 2.02. Section 18.006, Election Code, is amended to
492492 read as follows:
493493 Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.
494494 The registrar shall deliver the lists furnished under this
495495 subchapter, including the lists furnished under Section 18.007, to
496496 the appropriate authority as soon as practicable after the request
497497 but in every case in time for receipt before the beginning of early
498498 voting by mail for the election in which the lists are to be used.
499499 If those lists do not contain the names of all voters who will be
500500 eligible to vote as of the beginning of early voting by personal
501501 appearance, another set of the appropriate lists shall be delivered
502502 before the beginning of early voting by personal appearance. If
503503 those lists do not contain the names of all voters whose
504504 registrations will be effective on election day, another set of the
505505 appropriate lists shall be delivered as soon as practicable after
506506 the secretary of state [registrar] has processed the remaining
507507 applications.
508508 SECTION 2.03. Sections 18.043(a) and (c), Election Code,
509509 are amended to read as follows:
510510 (a) The [At the times prescribed by the] secretary of
511511 state[, the registrar] shall produce [deliver to the secretary] a
512512 statement containing the voter registration information determined
513513 [by the secretary] to be necessary to comply with reporting
514514 requirements prescribed under federal law.
515515 (c) The secretary of state [registrar] shall maintain the
516516 information required for the statements in accordance with
517517 procedures prescribed by this section [the secretary of state].
518518 SECTION 2.04. Section 18.061(c), Election Code, is amended
519519 to read as follows:
520520 (c) Under procedures prescribed by the secretary of state,
521521 the Department of Public Safety and each voter registrar shall
522522 provide to the secretary of state on an expedited basis the
523523 information necessary to maintain the registration list
524524 established under Subsection (a). The procedures shall provide for
525525 the electronic submission of the information.
526526 SECTION 2.05. Section 18.066(b), Election Code, is amended
527527 to read as follows:
528528 (b) Information furnished under this section may not
529529 include:
530530 (1) a voter's social security number; or
531531 (2) the residence address of a voter who is a federal
532532 judge or state judge, as defined by Section 13.0021, or the spouse
533533 of a federal judge or state judge, if the voter included an
534534 affidavit with the voter's registration application under Section
535535 13.0021 or the secretary of state [applicable registrar] has
536536 received an affidavit submitted under Section 15.0215.
537537 SECTION 2.06. Section 63.0011(e), Election Code, is amended
538538 to read as follows:
539539 (e) The voter registrar shall retain each statement of
540540 residence on file [with the voter's voter registration
541541 application].
542542 SECTION 2.07. Section 101.055(c), Election Code, is amended
543543 to read as follows:
544544 (c) Under procedures prescribed by the secretary of state,
545545 the secretary of state [The registrar] shall register the person at
546546 the address provided under Subsection (b) unless that address no
547547 longer is recognized as a residential address, in which event the
548548 secretary of state [registrar] shall assign the person to an
549549 address [under procedures prescribed by the secretary of state].
550550 SECTION 2.08. Section 112.012, Election Code, is amended to
551551 read as follows:
552552 Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
553553 REGISTRAR]. Not later than the 30th day after receipt of an
554554 application for a limited ballot, the early voting clerk shall
555555 notify the secretary of state [voter registrar for the voter's
556556 former county of residence] that the voter has applied for a limited
557557 ballot.
558558 ARTICLE 3. VOTER REGISTRATION AGENCIES
559559 SECTION 3.01. Section 20.008, Election Code, is amended to
560560 read as follows:
561561 Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
562562 REGISTRAR]. If a question arises concerning voter registration
563563 that an agency employee cannot answer, the employee shall provide
564564 the person[:
565565 [(1)] the toll-free telephone number of the Elections
566566 Division of the Office of the Secretary of State[; and
567567 [(2) the telephone number of the voter registrar to
568568 whom registration applications are submitted].
569569 SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election
570570 Code, are amended to read as follows:
571571 Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
572572 EMPLOYEE. The date of submission of a completed registration
573573 application to the agency employee is considered to be the date of
574574 submission to the secretary of state [voter registrar] for the
575575 purpose of determining the effective date of registration only.
576576 Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
577577 applicant may keep the registration application form or the
578578 completed application to submit the application personally to the
579579 secretary of state or to the voter registrar of the county in which
580580 the applicant resides.
581581 (b) The agency employee shall enter on the declination of
582582 registration form a notation that after being given the opportunity
583583 to register, the applicant kept the application or application form
584584 for personal submission of the application to the secretary of
585585 state [registrar].
586586 Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
587587 [REGISTRAR]. (a) The agency shall deliver to the secretary of
588588 state [voter registrar of the county in which the agency office is
589589 located] each completed registration application submitted to an
590590 agency employee.
591591 (b) An application shall be delivered to the secretary of
592592 state [registrar] not later than the fifth day after the date the
593593 application is submitted to the employee.
594594 SECTION 3.03. Section 20.037(c), Election Code, is amended
595595 to read as follows:
596596 (c) An application form delivered by mail must be
597597 accompanied by a notice informing the applicant that the
598598 application may be submitted in person or by mail to the secretary
599599 of state or to the voter registrar of the county in which the
600600 applicant resides [or in person to a volunteer deputy registrar for
601601 delivery to the voter registrar of the county in which the applicant
602602 resides].
603603 SECTION 3.04. Section 20.061, Election Code, is amended to
604604 read as follows:
605605 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
606606 provisions of this chapter apply to the Department of Public Safety
607607 except provisions that conflict with this subchapter or Section
608608 13.009.
609609 SECTION 3.05. Section 20.062(b), Election Code, is amended
610610 to read as follows:
611611 (b) The department shall prescribe and use a change of
612612 address form and procedure that combines department and voter
613613 registration functions. The form must allow a licensee or
614614 cardholder to indicate that [whether] the change of address is not
615615 [also to be used] for voter registration purposes.
616616 SECTION 3.06. Section 20.063, Election Code, is amended to
617617 read as follows:
618618 Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
619619 of Public Safety shall consider an application made in person, by
620620 mail, or online at the department's Internet website [provide to
621621 each person who applies in person at the department's offices] for
622622 an original or renewal of a driver's license, a personal
623623 identification card, or a duplicate or corrected license or card by
624624 a person who is eligible to vote as provided by Section 13.001 an
625625 application for [opportunity to complete a] voter registration.
626626 The date of application is considered to be the date of submission
627627 to the secretary of state for the purpose of determining the
628628 effective date of registration [application form].
629629 (b) The Department of Public Safety shall consider a change
630630 of address that relates to [When the department processes] a
631631 license or card and that is submitted to [for renewal by mail,] the
632632 department [shall deliver to the applicant by mail a voter
633633 registration application form.
634634 [(c) A change of address that relates to a license or card
635635 and that is submitted to the department] in person, [or] by mail, or
636636 online at the department's Internet website [serves] as a change in
637637 [of address for] voter registration [unless the licensee or
638638 cardholder indicates that the change is not for voter registration
639639 purposes]. The date of submission of a change of address to a
640640 department employee is considered to be the date of submission to
641641 the secretary of state [voter registrar] for the purpose of
642642 determining the effective date of registration [only].
643643 (c) The registration of an eligible [(d) If a completed]
644644 voter as required by Subsections (a) and (b) is automatic unless the
645645 person indicates that the transaction is not for voter
646646 registration purposes [application submitted to a department
647647 employee does not include the applicant's correct driver's license
648648 number or personal identification card number, a department
649649 employee shall enter the appropriate information on the
650650 application. If a completed application does not include the
651651 applicant's correct residence address or mailing address, a
652652 department employee shall obtain the appropriate information from
653653 the applicant and enter the information on the application].
654654 SECTION 3.07. Section 20.065(b), Election Code, is amended
655655 to read as follows:
656656 (b) Each weekday the department is regularly open for
657657 business, the department shall electronically transfer to the
658658 secretary of state the name and information designated by the
659659 secretary of state for [of each person who completes a] voter
660660 registration for each individual who is eligible to vote as
661661 provided by Section 13.001 and applies in person, by mail, or online
662662 at the department's Internet website for an original or renewal of a
663663 driver's license, a personal identification card, or a duplicate or
664664 corrected license or card [application submitted to the
665665 department]. The secretary shall prescribe procedures necessary to
666666 implement this subsection.
667667 SECTION 3.08. Subchapter C, Chapter 20, Election Code, is
668668 amended by adding Sections 20.067 and 20.068 to read as follows:
669669 Sec. 20.067. AUTOMATIC REGISTRATION BEFORE TIME FOR RENEWAL
670670 OR CHANGE OF ADDRESS. (a) Except as provided by Subsection (b),
671671 not later than March 15 of each odd-numbered year, the Department of
672672 Public Safety shall submit a voter registration application to the
673673 secretary of state on behalf of a current holder of a driver's
674674 license or personal identification card who is eligible to vote as
675675 provided by Section 13.001 but who did not register to vote at the
676676 time the person submitted an application form for a license or card
677677 and who submitted an application form for a license or card on or
678678 after January 1, 2013.
679679 (b) Not later than January 1 of each odd-numbered year, the
680680 department must notify each person described by Subsection (a) that
681681 the department will submit the person's voter registration
682682 application to the secretary of state. The notice must include a
683683 declination of registration form prepared so that it may be mailed
684684 free of United States postage and indicate that the form must be
685685 received by the department on or before March 1 of the year in which
686686 the notice is delivered or the department will submit the person's
687687 application for voter registration to the secretary of state.
688688 Sec. 20.068. PUBLIC ANNOUNCEMENT. The Department of Public
689689 Safety and the secretary of state shall develop printed materials
690690 and a public service announcement to inform the public about
691691 automatic voter registration.
692692 SECTION 3.09. Section 20.122(c), Election Code, is amended
693693 to read as follows:
694694 (c) The application forms must be accompanied by a notice
695695 informing the licensees that the applications may be submitted in
696696 person or by mail to the secretary of state or to the voter
697697 registrar of the county in which they reside [or in person to a
698698 volunteer deputy registrar for delivery to the voter registrar of
699699 the county in which they reside].
700700 ARTICLE 4. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
701701 CERTIFICATES
702702 SECTION 4.01. Section 521.101(f), Transportation Code, is
703703 amended to read as follows:
704704 (f) A personal identification certificate:
705705 (1) for an applicant who is a citizen, national, or
706706 legal permanent resident of the United States or a refugee or asylee
707707 lawfully admitted into the United States, [:
708708 [(A)] expires on a date specified by the
709709 department [if the applicant is younger than 60 years of age; or
710710 [(B) does not expire if the applicant is 60 years
711711 of age or older]; or
712712 (2) for an applicant not described by Subdivision (1),
713713 expires on:
714714 (A) the earlier of:
715715 (i) a date specified by the department; or
716716 (ii) the expiration date of the applicant's
717717 authorized stay in the United States; or
718718 (B) the first anniversary of the date of
719719 issuance, if there is no definite expiration date for the
720720 applicant's authorized stay in the United States.
721721 SECTION 4.02. Section 521.422(a), Transportation Code, is
722722 amended to read as follows:
723723 (a) The fee for a personal identification certificate is:
724724 (1) waived for an individual eligible to register to
725725 vote under Section 13.001, Election Code;
726726 (2) $15 for a person under 60 years of age;
727727 (3) [(2)] $5 for a person 60 years of age or older; and
728728 (4) [(3)] $20 for a person subject to the registration
729729 requirements under Chapter 62, Code of Criminal Procedure.
730730 ARTICLE 5. REPEALER; EFFECTIVE DATE
731731 SECTION 5.01. The following provisions of the Election Code
732732 are repealed:
733733 (1) Section 12.002;
734734 (2) Section 12.005;
735735 (3) Section 12.006;
736736 (4) Subchapter B, Chapter 13;
737737 (5) Section 13.072(d);
738738 (6) Section 13.121(c);
739739 (7) Section 20.064; and
740740 (8) Sections 20.065(a) and (c).
741741 SECTION 5.02. This Act takes effect September 1, 2015.