Texas 2017 - 85th Regular

Texas Senate Bill SB147 Compare Versions

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11 85R1138 JRJ-D
22 By: Garcia S.B. No. 147
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 [registrar of the county in
6363 which the person resides]. Except as provided by Subsection (e), an
6464 application must be submitted by personal delivery, by mail, or by
6565 telephonic facsimile machine in accordance with Sections 13.143(d)
6666 and (d-2).
6767 (j) Nothing in this section shall prevent a person from
6868 becoming registered to vote as provided by Section 13.009.
6969 SECTION 1.06. Section 13.0021, Election Code, is amended by
7070 adding Subsection (c) to read as follows:
7171 (c) A federal judge or state judge or the spouse of a federal
7272 judge or state judge who is automatically registered to vote under
7373 Section 13.009 and seeks to have a residence address omitted from
7474 the registration list shall submit an affidavit to the secretary of
7575 state stating that the individual is a federal judge or state judge
7676 or the spouse of a federal judge or state judge.
7777 SECTION 1.07. Section 13.004, Election Code, is amended to
7878 read as follows:
7979 Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN
8080 INFORMATION [BY REGISTRAR]. (a) The secretary of state
8181 [registrar] may not transcribe, copy, or otherwise record a
8282 telephone number furnished on a registration application.
8383 (b) The secretary of state [registrar] may transcribe,
8484 copy, or otherwise record a social security number furnished on a
8585 registration application only in maintaining the accuracy of the
8686 registration records.
8787 (c) The following information furnished on a registration
8888 application is confidential and does not constitute public
8989 information for purposes of Chapter 552, Government Code:
9090 (1) a social security number;
9191 (2) a Texas driver's license number;
9292 (3) a number of a personal identification card issued
9393 by the Department of Public Safety;
9494 (4) an indication that an applicant is interested in
9595 working as an election judge; or
9696 (5) the residence address of the applicant, if the
9797 applicant is a federal judge or state judge, as defined by Section
9898 13.0021, the spouse of a federal judge or state judge, or an
9999 individual to whom Section 552.1175, Government Code, applies and
100100 the applicant:
101101 (A) included an affidavit with the registration
102102 application describing the applicant's status under this
103103 subdivision, including an affidavit under Section 13.0021 if the
104104 applicant is a federal judge or state judge or the spouse of a
105105 federal judge or state judge; or
106106 (B) provided the secretary of state [registrar]
107107 with an affidavit describing the applicant's status under this
108108 subdivision, including an affidavit under Section 13.0021 or
109109 15.0215 if the applicant is a federal judge or state judge or the
110110 spouse of a federal judge or state judge[; or
111111 [(C) provided the registrar with a completed form
112112 approved by the secretary of state for the purpose of notifying the
113113 registrar of the applicant's status under this subdivision].
114114 (c-1) The secretary of state and the registrar shall ensure
115115 that the information listed in Subsection (c) is excluded from
116116 disclosure.
117117 (d) The secretary of state, voter registrar, or other county
118118 official who has access to the information furnished on a
119119 registration application may not post the following information on
120120 a website:
121121 (1) a telephone number;
122122 (2) a social security number;
123123 (3) a driver's license number or a number of a personal
124124 identification card;
125125 (4) a date of birth; or
126126 (5) the residence address of a voter who is a federal
127127 judge or state judge, as defined by Section 13.0021, or the spouse
128128 of a federal judge or state judge, if the voter included an
129129 affidavit with the application under Section 13.0021 or the
130130 secretary of state [registrar] has received an affidavit submitted
131131 under Section 13.0021(c) or 15.0215.
132132 SECTION 1.08. Subchapter A, Chapter 13, Election Code, is
133133 amended by adding Sections 13.009 and 13.010 to read as follows:
134134 Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
135135 PUBLIC SAFETY. (a) The secretary of state shall automatically
136136 register any individual who is eligible to vote as provided by
137137 Section 13.001 and:
138138 (1) is issued a Texas driver's license or a personal
139139 identification card by the Department of Public Safety; or
140140 (2) makes a change to a Texas driver's license or
141141 personal identification card issued by the Department of Public
142142 Safety.
143143 (b) A driver's license or personal identification card
144144 transaction with an indication provided by Section 20.062(b) or
145145 20.063(c) that the transaction is not for voter registration
146146 purposes is not subject to this section.
147147 Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The
148148 secretary of state shall post on its Internet website voter
149149 registration application forms that may be printed and submitted to
150150 the secretary of state in:
151151 (1) English; and
152152 (2) any language other than English for which over
153153 five percent of the total voting age citizens of a political
154154 subdivision in this state are members of that single minority
155155 language group.
156156 SECTION 1.09. Section 13.071, Election Code, is amended to
157157 read as follows:
158158 Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
159159 state [registrar] shall review each submitted application for
160160 registration to determine whether it complies with Section 13.002
161161 and indicates that the applicant is eligible for registration.
162162 (b) The secretary of state [registrar] shall make the
163163 determination not later than the seventh day after the date the
164164 application is submitted to the secretary of state [registrar].
165165 SECTION 1.10. Sections 13.072(a), (b), and (c), Election
166166 Code, are amended to read as follows:
167167 (a) The secretary of state [Unless the registrar challenges
168168 the applicant, the registrar] shall approve the application if:
169169 (1) the secretary of state [registrar] determines that
170170 an application complies with Section 13.002 and indicates that the
171171 applicant is eligible for registration; and
172172 (2) for an applicant who has not included a statement
173173 described by Section 13.002(c)(8)(C) or for an applicant who does
174174 not register under Section 13.009, the [registrar verifies with
175175 the] secretary of state verifies:
176176 (A) the applicant's Texas driver's license number
177177 or number of a personal identification card issued by the
178178 Department of Public Safety; or
179179 (B) the last four digits of the applicant's
180180 social security number.
181181 (b) After approval of an application by an applicant who was
182182 registered in another county at the time of application, the
183183 secretary of state [registrar] shall update the statewide voter
184184 registration list to reflect [deliver written notice of the
185185 applicant's change of residence to the other county's registrar and
186186 include in the notice] the applicant's change in county of [name,
187187 former] residence [address, and former registration number, if
188188 known].
189189 (c) If [Except as provided by Subsection (d), if] the
190190 secretary of state [registrar] determines that an application does
191191 not comply with Section 13.002 or does not indicate that the
192192 applicant is eligible for registration, the secretary of state
193193 [registrar] shall reject the application.
194194 SECTION 1.11. Subchapter C, Chapter 13, Election Code, is
195195 amended by adding Section 13.0725 to read as follows:
196196 Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS
197197 DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED
198198 PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The
199199 secretary of state shall adopt rules establishing standards used
200200 for the verification of information on a voter registration
201201 application submitted under Section 13.072(a)(2)(A). The rules
202202 shall provide a process by which the secretary of state verifies an
203203 applicant's Texas driver's license number or Department of Public
204204 Safety issued personal identification card number if, based on the
205205 available information, a minor correction in the applicant's last
206206 name or date of birth would lead a reasonable person to conclude
207207 that the number submitted is the correct number for that applicant.
208208 (b) If available, the secretary of state shall review the
209209 name and date of birth maintained by the Department of Public Safety
210210 or other agency used in the verification process for a submitted
211211 application that corresponds to the Texas driver's license number,
212212 Department of Public Safety issued personal identification card
213213 number, or social security number submitted by the applicant if:
214214 (1) the secretary of state cannot verify the accuracy
215215 of an applicant's Texas driver's license number, Department of
216216 Public Safety issued personal identification card number, or social
217217 security number as submitted by the applicant; or
218218 (2) the secretary of state verifies the accuracy of
219219 the number provided, but it is not a perfect match with the personal
220220 information provided by the applicant.
221221 (c) If the application was not otherwise verified under this
222222 section and the secretary of state determines that a governmental
223223 clerical error was made in processing or submitting the
224224 application, the secretary of state shall correct the registration
225225 record and submit the corrected record for verification under
226226 Section 13.072(a)(2).
227227 SECTION 1.12. Section 13.073, Election Code, is amended to
228228 read as follows:
229229 Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided by
230230 Subsection (b), the secretary of state [registrar] shall deliver
231231 written notice of the reason for the rejection of an application to
232232 the applicant not later than the second day after the date of
233233 rejection. If an application is rejected because it was not
234234 verified under Section 13.072, the notice shall indicate whether
235235 the last name, date of birth, Texas driver's license number,
236236 Department of Public Safety issued personal identification card
237237 number, or social security number was the reason for the failure to
238238 verify, if that information is provided to the secretary of state
239239 under Section 13.0725.
240240 (b) If the secretary of state [registrar] rejects an
241241 application in the applicant's presence, at that time the secretary
242242 of state [registrar] shall orally inform the applicant of the
243243 reason for the rejection. If the rejection is for incompleteness,
244244 the secretary of state [registrar] shall return the application to
245245 the applicant for completion and resubmission.
246246 (c) If the secretary of state [registrar] rejects an
247247 application for incompleteness but receives a completed
248248 application not later than the 10th day after the date the notice is
249249 delivered under Subsection (a) or the date the incomplete
250250 application is returned under Subsection (b), as applicable, the
251251 original date of submission of the incomplete application is
252252 considered to be the date of submission to the secretary of state
253253 [registrar] for the purpose of determining the effective date of
254254 registration.
255255 SECTION 1.13. Sections 13.074(a) and (b), Election Code,
256256 are amended to read as follows:
257257 (a) If after the secretary of state determines
258258 [determining] that an application complies with Section 13.002 and
259259 indicates that the applicant is eligible for registration, the
260260 registrar has reason to believe the applicant is not eligible for
261261 registration or the application was submitted in an unauthorized
262262 manner, the registrar shall challenge the applicant.
263263 (b) The registrar shall indicate on the statewide
264264 computerized voter registration list [application of a challenged
265265 applicant] that the applicant's eligibility or the manner of
266266 submission of the application has been challenged and the date of
267267 the challenge.
268268 SECTION 1.14. Section 13.080, Election Code, is amended to
269269 read as follows:
270270 Sec. 13.080. RECORDING REJECTION. On rejection of an
271271 applicant's registration application by a registrar under Section
272272 13.079, the registrar shall inform the secretary of state and the
273273 secretary of state shall enter the date of and reason for the
274274 rejection on the application.
275275 SECTION 1.15. Sections 13.101(a) and (b), Election Code,
276276 are amended to read as follows:
277277 (a) The secretary of state [registrar] shall maintain a file
278278 containing the approved registration applications of the
279279 registered voters of the state [county].
280280 (b) The secretary of state [registrar] shall maintain the
281281 file in alphabetical order by voter name on a county by county
282282 [countywide] basis. However, the secretary of state [registrar]
283283 may maintain the file in numerical order by registration number if
284284 the secretary of state [registrar] regularly maintains a list of
285285 registered voters in alphabetical order by voter name on a county by
286286 county [countywide] basis.
287287 SECTION 1.16. Sections 13.102(a), (b), and (c), Election
288288 Code, are amended to read as follows:
289289 (a) The secretary of state [registrar] shall maintain a file
290290 containing the rejected applications of applicants for
291291 registration.
292292 (b) The secretary of state [registrar] shall maintain a
293293 file, separate from the file maintained under Subsection (a),
294294 containing the applications of the voters whose registrations have
295295 been canceled.
296296 (c) The secretary of state [registrar] shall maintain each
297297 file in alphabetical order by applicant or voter name on a county by
298298 county [countywide] basis.
299299 SECTION 1.17. Section 13.103, Election Code, is amended to
300300 read as follows:
301301 Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The
302302 registration application files maintained under this subchapter
303303 shall be kept in the secretary of state's [registrar's] office at
304304 all times in a place and manner ensuring their security.
305305 (b) Applications may be removed from the secretary of
306306 state's [registrar's] office temporarily, in a manner ensuring
307307 their security, for use in preparing registration certificates,
308308 lists of registered voters, and other registration documents by
309309 electronic data-processing methods.
310310 SECTION 1.18. Section 13.104(a), Election Code, is amended
311311 to read as follows:
312312 (a) Instead of keeping the original registration
313313 applications and supporting documentation as required by this
314314 title, the secretary of state [registrar] may record the
315315 applications and documentation on an optical disk or other computer
316316 storage medium [approved by the secretary of state].
317317 SECTION 1.19. Section 13.142(a), Election Code, is amended
318318 to read as follows:
319319 (a) The secretary of state shall notify the registrar of a
320320 voter's registration as soon as practicable. After notification of
321321 registration of a voter by the secretary of state under Section
322322 13.009, or approval of a registration application by the secretary
323323 of state, the registrar shall:
324324 (1) prepare a voter registration certificate in
325325 duplicate and issue the original certificate to the applicant; and
326326 (2) enter the applicant's county election precinct
327327 number and registration number on the applicant's registration
328328 application.
329329 SECTION 1.20. Sections 13.143(a), (d), (d-2), and (e),
330330 Election Code, are amended to read as follows:
331331 (a) Except as provided by Subsections (b) and (e), if an
332332 applicant's registration application is approved, the registration
333333 becomes effective on the 30th day after the date the application is
334334 submitted to the secretary of state [registrar] or on the date the
335335 applicant becomes 18 years of age, whichever is later.
336336 (d) For purposes of determining the effective date of a
337337 registration, an application submitted by:
338338 (1) mail is considered to be submitted to the
339339 secretary of state [registrar] on the date it is placed with postage
340340 prepaid and properly addressed in the United States mail; or
341341 (2) telephonic facsimile machine is considered to be
342342 submitted to the secretary of state [registrar] on the date the
343343 transmission is received by the secretary of state [registrar],
344344 subject to Subsection (d-2).
345345 (d-2) For a registration application submitted by
346346 telephonic facsimile machine to be effective, a copy of the
347347 registration application must be submitted by mail and be received
348348 by the secretary of state [registrar] not later than the fourth
349349 business day after the transmission by telephonic facsimile machine
350350 is received.
351351 (e) If the 30th day before the date of an election is a
352352 Saturday, Sunday, or legal state or national holiday, an
353353 application is considered to be timely if it is submitted to the
354354 secretary of state [registrar] on or before the next regular
355355 business day.
356356 SECTION 1.21. Sections 13.144(a) and (b), Election Code,
357357 are amended to read as follows:
358358 (a) Not later than the 30th day after the date the registrar
359359 receives notice from the secretary of state that an individual has
360360 registered to vote [the application], the registrar shall deliver
361361 the original of an initial certificate:
362362 (1) in person to the applicant or the applicant's agent
363363 appointed under Section 13.003; or
364364 (2) by mail to the applicant.
365365 (b) If delivery is by mail, the registrar shall send the
366366 certificate to the mailing address provided for the individual in
367367 the statewide computerized voter [on the applicant's] registration
368368 list [application].
369369 SECTION 1.22. Section 14.002(a), Election Code, is amended
370370 to read as follows:
371371 (a) Except as provided by Subsection (d), the registrar
372372 shall deliver a voter's renewal certificate by mail to the mailing
373373 address provided for the individual in the statewide computerized
374374 voter [on the voter's] registration list [application].
375375 SECTION 1.23. Section 15.021(c), Election Code, is amended
376376 to read as follows:
377377 (c) The registrar shall retain the notice on file [with the
378378 voter's registration application]. If the correction is a change
379379 of the voter's name, the registrar shall file the notice
380380 [application] under the new name.
381381 SECTION 1.24. Section 15.0215(b), Election Code, is amended
382382 to read as follows:
383383 (b) A federal judge, a state judge, or the spouse of a
384384 federal judge or state judge who is registered to vote may at any
385385 time submit to the secretary of state [registrar of the county in
386386 which the judge resides] an affidavit stating that the voter is a
387387 federal judge or state judge or the spouse of a federal judge or
388388 state judge.
389389 SECTION 1.25. Section 15.053(c), Election Code, is amended
390390 to read as follows:
391391 (c) The registrar shall submit [act on] the response to the
392392 secretary of state for action in accordance with Section 13.072 and
393393 retain the response on file [with the voter's registration
394394 application].
395395 SECTION 1.26. Section 16.005, Election Code, is amended to
396396 read as follows:
397397 Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract
398398 received under this subchapter affects a registered voter of the
399399 county, the registrar shall retain a copy of the abstract on file
400400 [with the affected voter's registration application].
401401 SECTION 1.27. Section 16.031(a), Election Code, is amended
402402 to read as follows:
403403 (a) The registrar shall cancel a voter's registration
404404 immediately on receipt of:
405405 (1) notice under Section [13.072(b) or] 15.021 or a
406406 response under Section 15.053 that the voter's residence is outside
407407 the county;
408408 (2) an abstract of the voter's death certificate under
409409 Section 16.001(a) or an abstract of an application indicating that
410410 the voter is deceased under Section 16.001(b);
411411 (3) an abstract of a final judgment of the voter's
412412 total mental incapacity, partial mental incapacity without the
413413 right to vote, conviction of a felony, or disqualification under
414414 Section 16.002, 16.003, or 16.004;
415415 (4) notice under Section 112.012 that the voter has
416416 applied for a limited ballot in another county;
417417 (5) notice from a voter registration official in
418418 another state that the voter has registered to vote outside this
419419 state;
420420 (6) notice from the early voting clerk under Section
421421 101.053 [101.0041] that a federal postcard application submitted by
422422 an applicant states a voting residence address located outside the
423423 registrar's county; or
424424 (7) notice from the secretary of state that the voter
425425 has registered to vote in another county, as determined by the
426426 voter's driver's license number or personal identification card
427427 number issued by the Department of Public Safety or social security
428428 number.
429429 SECTION 1.28. Section 16.033(f), Election Code, is amended
430430 to read as follows:
431431 (f) The registrar shall retain a copy of the notice mailed
432432 to a voter under this section on file [with the voter's registration
433433 application]. If the voter's reply to the notice is in writing, the
434434 registrar shall also retain the reply on file [with the
435435 application]. If the reply is oral, the registrar shall prepare a
436436 memorandum of the reply, indicating the substance and date of the
437437 reply, and shall retain the memorandum on file [with the
438438 application].
439439 SECTION 1.29. Section 16.0331(c), Election Code, is amended
440440 to read as follows:
441441 (c) The registrar shall retain the request on file [with the
442442 voter's registration application].
443443 SECTION 1.30. Section 16.034, Election Code, is amended to
444444 read as follows:
445445 Sec. 16.034. RECORDING CANCELLATION. On cancellation of a
446446 voter's registration, the registrar shall notify the secretary of
447447 state of [enter] the date of and reason for the cancellation and the
448448 secretary of state shall record the information on the voter's
449449 registration application and duplicate registration certificate
450450 and make any other appropriate corrections in the registration
451451 records.
452452 SECTION 1.31. Section 16.037(c), Election Code, is amended
453453 to read as follows:
454454 (c) On reinstatement of a registration, the registrar shall
455455 notify the secretary of state of [enter] the date of and reason for
456456 the reinstatement and the secretary of state shall record the
457457 information on the voter's registration application and duplicate
458458 registration certificate, make any appropriate corrections in the
459459 registration records, and take any other action necessary to give
460460 effect to the reinstatement.
461461 SECTION 1.32. Section 31.040(b), Election Code, is amended
462462 to read as follows:
463463 (b) The commissioners court or the administrator may
464464 require any or all of the administrator's deputies[, other than
465465 unpaid volunteer deputy registrars,] to give a bond similar to that
466466 required of the administrator in an amount not exceeding the amount
467467 of the administrator's bond.
468468 SECTION 1.33. Section 31.161(b), Election Code, is amended
469469 to read as follows:
470470 (b) The joint elections commission or the joint elections
471471 administrator may require any or all of the administrator's
472472 deputies[, other than unpaid volunteer deputy registrars,] to give
473473 a bond similar to that required of the administrator in an amount
474474 not exceeding the amount of the administrator's bond.
475475 SECTION 1.34. Section 31.170(b), Election Code, is amended
476476 to read as follows:
477477 (b) After the effective date of an order abolishing the
478478 position of joint elections administrator, the county tax
479479 assessor-collector is the voter registrar of the county, and the
480480 duties and functions of the officer of a participating entity that
481481 were performed by the administrator revert to the officer, unless a
482482 transfer of duties and functions occurs under Section [12.031 or]
483483 31.071.
484484 ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
485485 SECTION 2.01. Section 18.005(c), Election Code, is amended
486486 to read as follows:
487487 (c) The original or supplemental list of registered voters
488488 may not contain the residence address of a voter who is a federal
489489 judge, a state judge, or the spouse of a federal judge or state
490490 judge, if the voter included an affidavit with the voter's
491491 registration application under Section 13.0021 or the secretary of
492492 state [registrar] received an affidavit submitted under Section
493493 15.0215 before the list was prepared. In this subsection, "federal
494494 judge" and "state judge" have the meanings assigned by Section
495495 13.0021.
496496 SECTION 2.02. Section 18.006, Election Code, is amended to
497497 read as follows:
498498 Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.
499499 The registrar shall deliver the lists furnished under this
500500 subchapter, including the lists furnished under Section 18.007, to
501501 the appropriate authority as soon as practicable after the request
502502 but in every case in time for receipt before the beginning of early
503503 voting by mail for the election in which the lists are to be used.
504504 If those lists do not contain the names of all voters who will be
505505 eligible to vote as of the beginning of early voting by personal
506506 appearance, another set of the appropriate lists shall be delivered
507507 before the beginning of early voting by personal appearance. If
508508 those lists do not contain the names of all voters whose
509509 registrations will be effective on election day, another set of the
510510 appropriate lists shall be delivered as soon as practicable after
511511 the secretary of state [registrar] has processed the remaining
512512 applications.
513513 SECTION 2.03. Sections 18.043(a) and (c), Election Code,
514514 are amended to read as follows:
515515 (a) The [At the times prescribed by the] secretary of
516516 state[, the registrar] shall produce [deliver to the secretary] a
517517 statement containing the voter registration information determined
518518 [by the secretary] to be necessary to comply with reporting
519519 requirements prescribed under federal law.
520520 (c) The secretary of state [registrar] shall maintain the
521521 information required for the statements in accordance with
522522 procedures prescribed by this section [the secretary of state].
523523 SECTION 2.04. Section 18.061(c), Election Code, is amended
524524 to read as follows:
525525 (c) Under procedures prescribed by the secretary of state,
526526 the Department of Public Safety and each voter registrar shall
527527 provide to the secretary of state on an expedited basis the
528528 information necessary to maintain the registration list
529529 established under Subsection (a). The procedures shall provide for
530530 the electronic submission of the information.
531531 SECTION 2.05. Section 18.066(b), Election Code, is amended
532532 to read as follows:
533533 (b) Information furnished under this section may not
534534 include:
535535 (1) a voter's social security number; or
536536 (2) the residence address of a voter who is a federal
537537 judge or state judge, as defined by Section 13.0021, or the spouse
538538 of a federal judge or state judge, if the voter included an
539539 affidavit with the voter's registration application under Section
540540 13.0021 or the secretary of state [applicable registrar] has
541541 received an affidavit submitted under Section 15.0215.
542542 SECTION 2.06. Section 63.0011(e), Election Code, is amended
543543 to read as follows:
544544 (e) The voter registrar shall retain each statement of
545545 residence on file [with the voter's voter registration
546546 application].
547547 SECTION 2.07. Section 101.055(c), Election Code, is amended
548548 to read as follows:
549549 (c) Under procedures prescribed by the secretary of state,
550550 the secretary of state [The registrar] shall register the person at
551551 the address provided under Subsection (b) unless that address no
552552 longer is recognized as a residential address, in which event the
553553 secretary of state [registrar] shall assign the person to an
554554 address [under procedures prescribed by the secretary of state].
555555 SECTION 2.08. Section 112.012, Election Code, is amended to
556556 read as follows:
557557 Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
558558 REGISTRAR]. Not later than the 30th day after receipt of an
559559 application for a limited ballot, the early voting clerk shall
560560 notify the secretary of state [voter registrar for the voter's
561561 former county of residence] that the voter has applied for a limited
562562 ballot.
563563 ARTICLE 3. VOTER REGISTRATION AGENCIES
564564 SECTION 3.01. Section 20.008, Election Code, is amended to
565565 read as follows:
566566 Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
567567 REGISTRAR]. If a question arises concerning voter registration
568568 that an agency employee cannot answer, the employee shall provide
569569 the person[:
570570 [(1)] the toll-free telephone number of the Elections
571571 Division of the Office of the Secretary of State[; and
572572 [(2) the telephone number of the voter registrar to
573573 whom registration applications are submitted].
574574 SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election
575575 Code, are amended to read as follows:
576576 Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
577577 EMPLOYEE. The date of submission of a completed registration
578578 application to the agency employee is considered to be the date of
579579 submission to the secretary of state [voter registrar] for the
580580 purpose of determining the effective date of registration only.
581581 Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
582582 applicant may keep the registration application form or the
583583 completed application to submit the application personally to the
584584 secretary of state [voter registrar].
585585 (b) The agency employee shall enter on the declination of
586586 registration form a notation that after being given the opportunity
587587 to register, the applicant kept the application or application form
588588 for personal submission of the application to the secretary of
589589 state [registrar].
590590 Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
591591 [REGISTRAR]. (a) The agency shall deliver to the secretary of
592592 state [voter registrar of the county in which the agency office is
593593 located] each completed registration application submitted to an
594594 agency employee.
595595 (b) An application shall be delivered to the secretary of
596596 state [registrar] not later than the fifth day after the date the
597597 application is submitted to the employee.
598598 SECTION 3.03. Section 20.037(c), Election Code, is amended
599599 to read as follows:
600600 (c) An application form delivered by mail must be
601601 accompanied by a notice informing the applicant that the
602602 application may be submitted in person or by mail to the secretary
603603 of state [voter registrar of the county in which the applicant
604604 resides or in person to a volunteer deputy registrar for delivery to
605605 the voter registrar of the county in which the applicant resides].
606606 SECTION 3.04. Section 20.061, Election Code, is amended to
607607 read as follows:
608608 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
609609 provisions of this chapter apply to the Department of Public Safety
610610 except provisions that conflict with this subchapter or Section
611611 13.009.
612612 SECTION 3.05. Section 20.062(b), Election Code, is amended
613613 to read as follows:
614614 (b) The department shall prescribe and use a change of
615615 address form and procedure that combines department and voter
616616 registration functions. The form must allow a licensee or
617617 cardholder to indicate that [whether] the change of address is not
618618 [also to be used] for voter registration purposes.
619619 SECTION 3.06. Section 20.063, Election Code, is amended to
620620 read as follows:
621621 Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
622622 of Public Safety shall consider an application made in person, by
623623 mail, or online at the department's Internet website [provide to
624624 each person who applies in person at the department's offices] for
625625 an original or renewal of a driver's license, a personal
626626 identification card, or a duplicate or corrected license or card by
627627 a person who is eligible to vote as provided by Section 13.001 an
628628 application for [opportunity to complete a] voter registration.
629629 The date of application is considered to be the date of submission
630630 to the secretary of state for the purpose of determining the
631631 effective date of registration [application form].
632632 (b) The Department of Public Safety shall consider a change
633633 of address that relates to [When the department processes] a
634634 license or card and that is submitted to [for renewal by mail,] the
635635 department [shall deliver to the applicant by mail a voter
636636 registration application form.
637637 [(c) A change of address that relates to a license or card
638638 and that is submitted to the department] in person, [or] by mail, or
639639 online at the department's Internet website [serves] as a change in
640640 [of address for] voter registration [unless the licensee or
641641 cardholder indicates that the change is not for voter registration
642642 purposes]. The date of submission of a change of address to a
643643 department employee is considered to be the date of submission to
644644 the secretary of state [voter registrar] for the purpose of
645645 determining the effective date of registration [only].
646646 (c) The registration of an eligible [(d) If a completed]
647647 voter as required by Subsections (a) and (b) is automatic unless the
648648 person indicates that the transaction is not for voter
649649 registration purposes [application submitted to a department
650650 employee does not include the applicant's correct driver's license
651651 number or personal identification card number, a department
652652 employee shall enter the appropriate information on the
653653 application. If a completed application does not include the
654654 applicant's correct residence address or mailing address, a
655655 department employee shall obtain the appropriate information from
656656 the applicant and enter the information on the application].
657657 SECTION 3.07. Section 20.065(b), Election Code, is amended
658658 to read as follows:
659659 (b) Each weekday the department is regularly open for
660660 business, the department shall electronically transfer to the
661661 secretary of state the name and information designated by the
662662 secretary of state for [of each person who completes a] voter
663663 registration for each individual who is eligible to vote as
664664 provided by Section 13.001 and applies in person, by mail, or online
665665 at the department's Internet website for an original or renewal of a
666666 driver's license, a personal identification card, or a duplicate or
667667 corrected license or card [application submitted to the
668668 department]. The secretary shall prescribe procedures necessary to
669669 implement this subsection.
670670 SECTION 3.08. Subchapter C, Chapter 20, Election Code, is
671671 amended by adding Section 20.067 to read as follows:
672672 Sec. 20.067. PUBLIC ANNOUNCEMENT. The Department of Public
673673 Safety and the secretary of state shall develop printed materials
674674 and a public service announcement to inform the public about
675675 automatic voter registration.
676676 SECTION 3.09. Section 20.122(c), Election Code, is amended
677677 to read as follows:
678678 (c) The application forms must be accompanied by a notice
679679 informing the licensees that the applications may be submitted in
680680 person or by mail to the secretary of state [voter registrar of the
681681 county in which they reside or in person to a volunteer deputy
682682 registrar for delivery to the voter registrar of the county in which
683683 they reside].
684684 ARTICLE 4. PERSONAL IDENTIFICATION CERTIFICATES
685685 SECTION 4.01. Section 521.101, Transportation Code, is
686686 amended by adding Subsection (m) to read as follows:
687687 (m) The department shall indicate "VOTER" on the face of a
688688 personal identification certificate issued to a person
689689 automatically registered to vote under Section 20.063, Election
690690 Code, and "NONVOTER" on a personal identification certificate
691691 issued to a person who declines to be registered to vote under
692692 Section 20.063, Election Code, or is ineligible for voter
693693 registration.
694694 SECTION 4.02. Subchapter F, Chapter 521, Transportation
695695 Code, is amended by adding Section 521.127 to read as follows:
696696 Sec. 521.127. VOTER REGISTRATION REQUIRED TO BE INDICATED
697697 ON LICENSE. The department shall indicate "VOTER" on the face of
698698 each driver's license issued to a person automatically registered
699699 to vote under Section 20.063, Election Code, and "NONVOTER" on each
700700 driver's license issued to a person who declines to be registered to
701701 vote under Section 20.063, Election Code, or is ineligible for
702702 voter registration.
703703 SECTION 4.03. Section 521.422(a), Transportation Code, is
704704 amended to read as follows:
705705 (a) The fee for a personal identification certificate is:
706706 (1) waived for an individual eligible to register to
707707 vote under Section 13.001, Election Code;
708708 (2) $15 for a person under 60 years of age;
709709 (3) [(2)] $5 for a person 60 years of age or older; and
710710 (4) [(3)] $20 for a person subject to the registration
711711 requirements under Chapter 62, Code of Criminal Procedure.
712712 ARTICLE 5. REPEALER; EFFECTIVE DATE
713713 SECTION 5.01. The following provisions of the Election Code
714714 are repealed:
715715 (1) Section 12.002;
716716 (2) Section 12.005;
717717 (3) Section 12.006;
718718 (4) Subchapter B, Chapter 12;
719719 (5) Subchapter B, Chapter 13;
720720 (6) Section 13.072(d);
721721 (7) Section 13.121(c); and
722722 (8) Sections 20.065(a) and (c).
723723 SECTION 5.02. This Act takes effect September 1, 2017.