85S11057 JRJ-D
By: Fallon H.B. No. 289
A BILL TO BE ENTITLED
AN ACT
relating to the verification of citizenship of an applicant for
voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(a), Election Code, is amended to
read as follows:
(a) A person desiring to register to vote must submit an
application to the registrar of the county in which the person
resides. Except as provided by Subsection (e), an application must
be submitted by personal delivery, by mail, or by telephonic
facsimile machine in accordance with Section 13.143(d-2) [Sections
13.143(d) and (d-2)].
SECTION 2. Section 13.046(f), Election Code, is amended to
read as follows:
(f) Except as provided by this subsection, Sections
13.039[, 13.041,] and 13.042 apply to the submission and delivery
of registration applications under this section, and for that
purpose, "volunteer deputy registrar" in those sections includes a
high school deputy registrar. A high school deputy registrar may
review an application for completeness out of the applicant's
presence. A deputy may deliver a group of applications to the
registrar by mail in an envelope or package, and, for the purpose of
determining compliance with the delivery deadline, an application
delivered by mail is considered to be delivered at the time of its
receipt by the registrar.
SECTION 3. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
shall review each submitted application for registration to
determine whether it complies with Section 13.002 and indicates
that the applicant is a United States citizen eligible for
registration.
(b) If the application is submitted to the Department of
Public Safety in person with the proof of citizenship required by
Section 20.063(e), the [The] registrar shall make the determination
not later than the seventh day after the date the application is
submitted to the registrar.
(c) If the application is submitted in a manner other than
the manner described by Subsection (b), the registrar shall forward
the information relating to the applicant to the secretary of state
for determining citizenship as provided by Section 13.0721.
SECTION 4. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0721 to read as follows:
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
section does not apply to an application for registration submitted
to the Department of Public Safety in person with the proof of
citizenship required by Section 20.063(e).
(b) The secretary of state shall verify with the Department
of Public Safety the citizenship status of each applicant for voter
registration whose information is forwarded to the secretary of
state as provided by Section 13.071(c). If the department verifies
the applicant's citizenship status, the secretary of state shall
notify the registrar. If the department does not have information
regarding the citizenship status of the applicant or has
information indicating that the applicant is not a citizen, the
registrar and the applicant shall be notified as provided by
secretary of state rule.
(c) An applicant for voter registration who receives notice
under Subsection (b) must provide proof of citizenship to the
registrar not later than the 60th day after the date of receipt.
Except as provided by Subsection (d), this proof must be presented
in person. The following is acceptable as proof of citizenship
under this section:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity, presented with
a government-issued identification that contains the person's
photograph; or
(3) United States citizenship papers issued to the
person, presented with a government-issued identification that
contains the person's photograph.
(d) An applicant may mail a certified copy of a document
described by Subsection (c)(2) or (3) with a copy of the person's
government-issued photo identification to the registrar.
(e) If an applicant does not provide proof of citizenship as
required, the registrar shall reject the application and notify the
secretary of state. The secretary of state shall keep a list of
applicants of which the secretary receives notice under this
section.
(f) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 5. Section 13.143(a), Election Code, is amended to
read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
SECTION 6. Section 20.063, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A person who submits a voter registration application to
the department in person shall at the time of submission present as
proof of citizenship:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity; or
(3) United States citizenship papers issued to the
person.
SECTION 7. Sections 13.041 and 13.143(d) and (e), Election
Code, are repealed.
SECTION 8. The changes in law made by this Act apply only to
an application to register to vote submitted on or after the
effective date of this Act.
SECTION 9. This Act takes effect December 1, 2017.