Texas 2017 - 85th Regular

Texas House Bill HB2481 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8919 JRJ-D
2	2	By: King of Parker H.B. No. 2481
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring a voter to present proof of identification;
8	8	providing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 31, Election Code, is
11	11	amended by adding Section 31.013 to read as follows:
12	12	Sec. 31.013. MOBILE LOCATIONS FOR OBTAINING
13	13	IDENTIFICATION. (a) The secretary of state shall establish a
14	14	program using mobile units to provide election identification
15	15	certificates to voters for the purpose of satisfying the
16	16	requirements of Section 63.001(b). A mobile unit may be used at
17	17	special events or at the request of a constituent group.
18	18	(b) In establishing the program, the secretary of state
19	19	shall consult with the Department of Public Safety on the creation
20	20	of the program, security relating to the issuance of an election
21	21	identification certificate, best practices in issuing an election
22	22	identification certificate, and equipment required to issue an
23	23	election identification certificate.
24	24	(c) The secretary of state may not charge a fee to a group
25	25	that requests a mobile unit established under this section.
26	26	(d) If the secretary of state cannot ensure the required
27	27	security or other necessary elements of the program, the secretary
28	28	of state may deny a request for a mobile unit established under this
29	29	section.
30	30	(e) The secretary of state shall adopt rules necessary for
31	31	the implementation of this section.
32	32	SECTION 2. Section 63.001, Election Code, is amended by
33	33	amending Subsections (b) and (d) and adding Subsection (i) to read
34	34	as follows:
35	35	(b) Except as provided by Subsection (h), on offering to
36	36	vote, a voter must present to an election officer at the polling
37	37	place:
38	38	(1) one form of photo identification listed in
39	39	[described by] Section 63.0101(a); or
40	40	(2) one form of identification listed in Section
41	41	63.0101(b) accompanied by the declaration described by Subsection
42	42	(i) [63.0101].
43	43	(d) If, as determined under Subsection (c), the voter's name
44	44	is on the precinct list of registered voters and the voter's
45	45	identity can be verified from the documentation presented under
46	46	Subsection (b), the voter shall be accepted for voting. An election
47	47	officer may not question the reasonableness of an impediment sworn
48	48	to by a voter in a declaration described by Subsection (i).
49	49	(i) If the requirement for identification prescribed by
50	50	Subsection (b)(1) is not met, an election officer shall notify the
51	51	voter that the voter may be accepted for voting if the voter meets
52	52	the requirement for identification prescribed by Subsection (b)(2)
53	53	and executes a declaration declaring the voter has a reasonable
54	54	impediment to meeting the requirement for identification
55	55	prescribed by Subsection (b)(1). A person is subject to
56	56	prosecution for perjury under Chapter 37, Penal Code, or Section
57	57	63.0013 for a false statement or false information on the
58	58	declaration. The secretary of state shall prescribe the form of the
59	59	declaration. The form shall include:
60	60	(1) a notice that a person is subject to prosecution
61	61	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
62	62	false statement or false information on the declaration;
63	63	(2) a statement that the voter swears or affirms that
64	64	the information contained in the declaration is true, that the
65	65	person described in the declaration is the same person appearing at
66	66	the polling place to sign the declaration, and that the voter faces
67	67	a reasonable impediment to procuring the identification prescribed
68	68	by Subsection (b)(1);
69	69	(3) a place for the voter to indicate one of the
70	70	following impediments:
71	71	(A) lack of transportation;
72	72	(B) lack of birth certificate or other documents
73	73	needed to obtain the identification prescribed by Subsection
74	74	(b)(1);
75	75	(C) work schedule;
76	76	(D) lost or stolen identification;
77	77	(E) disability or illness;
78	78	(F) family responsibilities; and
79	79	(G) the identification prescribed by Subsection
80	80	(b)(1) has been applied for but not received;
81	81	(4) a place for the voter to sign and date the
82	82	declaration;
83	83	(5) a place for the election judge to sign and date the
84	84	declaration;
85	85	(6) a place to note the polling place at which the
86	86	declaration is signed; and
87	87	(7) a place for the election judge to note which form
88	88	of identification prescribed by Subsection (b)(2) the voter
89	89	presented.
90	90	SECTION 3. Chapter 63, Election Code, is amended by adding
91	91	Section 63.0013 to read as follows:
92	92	Sec. 63.0013. FALSE STATEMENT ON DECLARATION OF REASONABLE
93	93	IMPEDIMENT. (a) A person commits an offense if the person
94	94	knowingly makes a false statement or provides false information on
95	95	a declaration executed under Section 63.001(i).
96	96	(b) An offense under this section is a felony of the third
97	97	degree.
98	98	SECTION 4. Section 63.0101, Election Code, is amended to
99	99	read as follows:
100	100	Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
101	101	(a) The following documentation is an acceptable form of photo
102	102	identification under this chapter:
103	103	(1) a driver's license, election identification
104	104	certificate, or personal identification card issued to the person
105	105	by the Department of Public Safety that has not expired or that
106	106	expired no earlier than 60 days before the date of presentation;
107	107	(2) a United States military identification card that
108	108	contains the person's photograph that has not expired or that
109	109	expired no earlier than 60 days before the date of presentation;
110	110	(3) a United States citizenship certificate issued to
111	111	the person that contains the person's photograph;
112	112	(4) a United States passport issued to the person that
113	113	has not expired or that expired no earlier than 60 days before the
114	114	date of presentation; or
115	115	(5) a license to carry a handgun issued to the person
116	116	by the Department of Public Safety that has not expired or that
117	117	expired no earlier than 60 days before the date of presentation.
118	118	(b) The following documentation is acceptable as proof of
119	119	identification under this chapter:
120	120	(1) a government document that shows the name and
121	121	address of the voter, including the voter's voter registration
122	122	certificate;
123	123	(2) one of the following documents that shows the name
124	124	and address of the voter:
125	125	(A) a copy of a current utility bill;
126	126	(B) a bank statement;
127	127	(C) a government check; or
128	128	(D) a paycheck; or
129	129	(3) a certified copy of a domestic birth certificate
130	130	or other document confirming birth that is admissible in a court of
131	131	law and establishes the person's identity.
132	132	(c) A person 70 years of age or older may use a form of
133	133	identification listed in Subsection (a) that has expired for the
134	134	purposes of voting if the identification is otherwise valid.
135	135	SECTION 5. Section 272.011(b), Election Code, is amended to
136	136	read as follows:
137	137	(b) The secretary of state shall prepare the translation for
138	138	election materials required to be provided in a language other than
139	139	English or Spanish for the following state prescribed voter forms:
140	140	(1) voter registration application form required by
141	141	Section 13.002;
142	142	(2) the confirmation form required by Section 15.051;
143	143	(3) the voting instruction poster required by Section
144	144	62.011;
145	145	(4) the reasonable impediment declaration required by
146	146	Section 63.001(b);
147	147	(5) the statement of residence form required by
148	148	Section 63.0011;
149	149	(6) [(5)] the provisional ballot affidavit required
150	150	by Section 63.011;
151	151	(7) [(6)] the application for a ballot by mail
152	152	required by Section 84.011;
153	153	(8) [(7)] the carrier envelope and voting
154	154	instructions required by Section 86.013; and
155	155	(9) [(8)] any other voter forms that the secretary of
156	156	state identifies as frequently used and for which state resources
157	157	are otherwise available.
158	158	SECTION 6. Section 521A.001(a), Transportation Code, is
159	159	amended to read as follows:
160	160	(a) The department shall issue an election identification
161	161	certificate to a person who states that the person is obtaining the
162	162	certificate for the purpose of satisfying Section 63.001(b),
163	163	Election Code, and does not have another form of identification
164	164	described by Section 63.0101(a) [63.0101], Election Code, and:
165	165	(1) who is a registered voter in this state and
166	166	presents a valid voter registration certificate; or
167	167	(2) who is eligible for registration under Section
168	168	13.001, Election Code, and submits a registration application to
169	169	the department.
170	170	SECTION 7. This Act takes effect January 1, 2018.