Texas 2019 - 86th Regular

Texas House Bill HB1464 Compare Versions

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

Old	New	Differences
1	1	86R4740 JRJ-F
2	2	By: González of Dallas H.B. No. 1464
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voter registration.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 13.004(a), (c), and (d), Election Code,
10	10	are amended to read as follows:
11	11	(a) The registrar may not transcribe, copy, or otherwise
12	12	record a telephone number or e-mail address furnished on a
13	13	registration application.
14	14	(c) The following information furnished on a registration
15	15	application is confidential and does not constitute public
16	16	information for purposes of Chapter 552, Government Code:
17	17	(1) a social security number;
18	18	(2) a Texas driver's license number;
19	19	(3) a number of a personal identification card issued
20	20	by the Department of Public Safety;
21	21	(4) an indication that an applicant is interested in
22	22	working as an election judge;
23	23	(5) a telephone number or e-mail address;
24	24	(6) the residence address of the applicant, if the
25	25	applicant is a federal judge or state judge, as defined by Section
26	26	13.0021, the spouse of a federal judge or state judge, or an
27	27	individual to whom Section 552.1175, Government Code, applies and
28	28	the applicant:
29	29	(A) included an affidavit with the registration
30	30	application describing the applicant's status under this
31	31	subdivision, including an affidavit under Section 13.0021 if the
32	32	applicant is a federal judge or state judge or the spouse of a
33	33	federal judge or state judge;
34	34	(B) provided the registrar with an affidavit
35	35	describing the applicant's status under this subdivision,
36	36	including an affidavit under Section 15.0215 if the applicant is a
37	37	federal judge or state judge or the spouse of a federal judge or
38	38	state judge; or
39	39	(C) provided the registrar with a completed form
40	40	approved by the secretary of state for the purpose of notifying the
41	41	registrar of the applicant's status under this subdivision;
42	42	(7) [(6)] the residence address of the applicant, if
43	43	the applicant, the applicant's child, or another person in the
44	44	applicant's household is a victim of family violence as defined by
45	45	Section 71.004, Family Code, who provided the registrar with:
46	46	(A) a copy of a protective order issued under
47	47	Chapter 85, Family Code, or a magistrate's order for emergency
48	48	protection issued under Article 17.292, Code of Criminal Procedure;
49	49	or
50	50	(B) other independent documentary evidence
51	51	necessary to show that the applicant, the applicant's child, or
52	52	another person in the applicant's household is a victim of family
53	53	violence;
54	54	(8) [(7)] the residence address of the applicant, if
55	55	the applicant, the applicant's child, or another person in the
56	56	applicant's household is a victim of sexual assault or abuse,
57	57	stalking, or trafficking of persons who provided the registrar
58	58	with:
59	59	(A) a copy of a protective order issued under
60	60	Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
61	61	magistrate's order for emergency protection issued under Article
62	62	17.292, Code of Criminal Procedure; or
63	63	(B) other independent documentary evidence
64	64	necessary to show that the applicant, the applicant's child, or
65	65	another person in the applicant's household is a victim of sexual
66	66	assault or abuse, stalking, or trafficking of persons; or
67	67	(9) [(8)] the residence address of the applicant, if
68	68	the applicant:
69	69	(A) is a participant in the address
70	70	confidentiality program administered by the attorney general under
71	71	Subchapter C, Chapter 56, Code of Criminal Procedure; and
72	72	(B) provided the registrar with proof of
73	73	certification under Article 56.84, Code of Criminal Procedure.
74	74	(d) The voter registrar or other county official who has
75	75	access to the information furnished on a registration application
76	76	may not post the following information on a website:
77	77	(1) a telephone number or e-mail address;
78	78	(2) a social security number;
79	79	(3) a driver's license number or a number of a personal
80	80	identification card;
81	81	(4) a date of birth; or
82	82	(5) the residence address of a voter who is a federal
83	83	judge or state judge, as defined by Section 13.0021, or the spouse
84	84	of a federal judge or state judge, if the voter included an
85	85	affidavit with the application under Section 13.0021 or the
86	86	registrar has received an affidavit submitted under Section
87	87	15.0215.
88	88	SECTION 2. Subchapter A, Chapter 84, Election Code, is
89	89	amended by adding Section 84.0022 to read as follows:
90	90	Sec. 84.0022. CONFIDENTIALITY AND USE OF CERTAIN
91	91	INFORMATION. Information included on an application for a ballot
92	92	to be voted by mail is subject to Section 13.004 in the same manner
93	93	as that section applies to an application to register to vote.
94	94	SECTION 3. Section 84.011(a), Election Code, is amended to
95	95	read as follows:
96	96	(a) The officially prescribed application form for an early
97	97	voting ballot must combine the contents required under Section
98	98	84.002 for an early voting ballot application with an officially
99	99	prescribed voter registration application form and include:
100	100	(1) immediately preceding the signature space the
101	101	statement: "I certify that the information given in this
102	102	application is true, and I understand that giving false information
103	103	in this application is a crime.";
104	104	(2) a statement informing the applicant of the
105	105	offenses prescribed by Sections 84.003 and 84.004;
106	106	(3) spaces for entering an applicant's information to
107	107	register to vote or voter registration number and county election
108	108	precinct of registration, as applicable, with a statement informing
109	109	the applicant that failure to furnish that information does not
110	110	invalidate the application; and
111	111	(4) on an application for a ballot to be voted by mail:
112	112	(A) a space for an applicant applying on the
113	113	ground of absence from the county of residence to indicate the date
114	114	on or after which the applicant can receive mail at the address
115	115	outside the county;
116	116	(B) a space for indicating the fact that an
117	117	applicant whose application is signed by a witness cannot make the
118	118	applicant's mark and a space for indicating the relationship or
119	119	lack of relationship of the witness to the applicant;
120	120	(C) a space for entering an applicant's telephone
121	121	number and e-mail address, with a statement informing the applicant
122	122	that failure to furnish that information does not invalidate the
123	123	application;
124	124	(D) a space or box for an applicant applying on
125	125	the ground of age or disability to indicate that the address to
126	126	which the ballot is to be mailed is the address of a facility or
127	127	relative described by Section 84.002(a)(3), if applicable;
128	128	(E) a space or box for an applicant applying on
129	129	the ground of confinement in jail to indicate that the address to
130	130	which the ballot is to be mailed is the address of a relative
131	131	described by Section 84.002(a)(4), if applicable;
132	132	(F) a space for an applicant applying on the
133	133	ground of age or disability to indicate if the application is an
134	134	application under Section 86.0015;
135	135	(G) spaces for entering the signature, printed
136	136	name, and residence address of any person assisting the applicant;
137	137	(H) a statement informing the applicant of the
138	138	condition prescribed by Section 81.005; and
139	139	(I) a statement informing the applicant of the
140	140	requirement prescribed by Section 86.003(c).
141	141	SECTION 4. Section 84.014, Election Code, is amended to
142	142	read as follows:
143	143	Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
144	144	APPLICATIONS. (a) If an applicant provides a date of birth,
145	145	driver's license number, [or] social security number, or other
146	146	information required for registration under Title 2 on the
147	147	applicant's application for an early voting ballot to be voted by
148	148	mail that is different from or in addition to the information
149	149	maintained by the voter registrar in accordance with that title
150	150	[Title 2], the early voting clerk shall notify the voter
151	151	registrar. The voter registrar shall update the voter's record
152	152	with the information provided by the applicant.
153	153	(b) The submission of an application for an early voting
154	154	ballot to be voted by mail by an unregistered applicant that
155	155	complies with the applicable requirements and contains the
156	156	information required for registration under Title 2 constitutes
157	157	registration by the applicant.
158	158	SECTION 5. Section 86.001(e), Election Code, is amended to
159	159	read as follows:
160	160	(e) If the applicant does not have an effective voter
161	161	registration for the election, the clerk shall reject the
162	162	application unless:
163	163	(1) the clerk can determine from the voter registrar
164	164	that the applicant has submitted a voter registration application
165	165	and the registration will be effective on election day; or
166	166	(2) the application contains the information that is
167	167	required for registration under Title 2 and the registration will
168	168	be effective on election day.
169	169	SECTION 6. The changes in law made by this Act apply to an
170	170	application for a ballot to be voted by mail submitted for an
171	171	election ordered on or after the effective date of this Act. An
172	172	application for a ballot to be voted by mail submitted for an
173	173	election ordered before the effective date of this Act is governed
174	174	by the law in effect when the election was ordered, and the former
175	175	law is continued in effect for that purpose.
176	176	SECTION 7. This Act takes effect September 1, 2019.