Texas 2019 - 86th Regular

Texas Senate Bill SB1190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, et al. S.B. No. 1190
	1	+	By: Bettencourt S.B. No. 1190
	2	+	(In the Senate - Filed February 27, 2019; March 7, 2019,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 8, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 9, Nays 0; April 8, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1190 By: Nelson
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the residence address of a voter for purposes of a
7	14		response to a confirmation notice sent by the voter registrar.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 1.015, Election Code, is amended by
10		-	amending Subsection (b) and adding Subsection (f) to read as
11		-	follows:
12		-	(b) A person may not establish residence for the purpose of
13		-	influencing the outcome of a certain election [Residence shall be
14		-	determined in accordance with the common-law rules, as enunciated
15		-	by the courts of this state, except as otherwise provided by this
16		-	code].
17		-	(f) A person may not establish a residence at any place the
18		-	person has not inhabited. A person may not designate a previous
19		-	residence as a home and fixed place of habitation unless the person
20		-	inhabits the place at the time of designation and intends to remain.
21		-	SECTION 2. Section 15.052(b), Election Code, is amended to
	16	+	SECTION 1. Section 15.052(b), Election Code, is amended to
22	17		read as follows:
23	18		(b) The official confirmation notice response form must:
24	19		(1) provide spaces for the voter to include all of the
25	20		information that a person must include in an application to
26	21		register to vote under Section 13.002; [and]
27	22		(2) describe the requirements of Section 15.054,
28	23		provide a space for the voter to indicate if the voter is exempt
29	24		from those requirements, and provide a space to indicate the reason
30		-	for an exemption, if any;
31		-	(3) provide the definition of residence under Section
32		-	1.015; and
33		-	(4) be postage prepaid and preaddressed for delivery
	25	+	for an exemption, if any; and
	26	+	(3) be postage prepaid and preaddressed for delivery
34	27		to the registrar.
35		-	SECTION 3. Section 15.053(a), Election Code, is amended to
	28	+	SECTION 2. Section 15.053(a), Election Code, is amended to
36	29		read as follows:
37	30		(a) Not later than the 30th day after the date a
38	31		confirmation notice is mailed, the voter shall submit to the
39	32		registrar a written, signed response to the notice that confirms
40	33		the voter's current residence. The response must contain:
41	34		(1) all of the information that a person must include
42		-	in an application to register to vote under Section 13.002;
43		-	(2) a sworn affirmation of the voter's current
44		-	residence as defined by Section 1.015; and
45		-	(3) evidence of the voter's residence address as
46		-	required by Section 15.054 or an indication that the voter is exempt
47		-	from those requirements.
48		-	SECTION 4. Subchapter C, Chapter 15, Election Code, is
	35	+	in an application to register to vote under Section 13.002; and
	36	+	(2) evidence that the voter's residence address is
	37	+	established in compliance with Section 15.054 or an indication that
	38	+	the voter is exempt from those requirements.
	39	+	SECTION 3. Subchapter C, Chapter 15, Election Code, is
49	40		amended by adding Section 15.054 to read as follows:
50		-	Sec. 15.054. DOCUMENTATION OF RESIDENCE FOR PURPOSES OF
51		-	CONFIRMATION NOTICE RESPONSE. (a) For purposes of Section 15.053,
52		-	a voter's residence may be documented by providing a photocopy of
53		-	the first document, beginning with Subdivision (1) and continuing
54		-	through Subdivision (6), in the following list that corresponds to
55		-	the voter's residence under Section 1.015:
56		-	(1) a driver's license issued to the voter by the
57		-	Department of Public Safety that has not expired or, if the voter
58		-	has notified the department of a change of address under Section
59		-	521.054, Transportation Code, an affidavit from the voter stating
60		-	the new address contained in the notification;
61		-	(2) a personal identification card issued to the voter
62		-	by the Department of Public Safety that has not expired or, if the
63		-	voter has notified the department of a change of address under
64		-	Section 521.054, Transportation Code, an affidavit from the voter
65		-	stating the new address contained in the notification;
66		-	(3) a license to carry a concealed handgun issued to
	41	+	Sec. 15.054. RESIDENCE FOR PURPOSES OF CONFIRMATION NOTICE
	42	+	RESPONSE. (a) For purposes of Section 15.053, a voter's residence
	43	+	is established at the first residence address, beginning with
	44	+	Subdivision (1) and continuing through Subdivision (6), in the
	45	+	following list that is applicable to the voter:
	46	+	(1) the address stated on a driver's license issued to
67	47		the voter by the Department of Public Safety that has not expired
68	48		or, if the voter has notified the department of a change of address
69		-	under Section 411.181, Government Code, an affidavit from the voter
70		-	stating the new address contained in the notification;
71		-	(4) an appraisal district document showing the address
72		-	the voter claims as a homestead in this state;
73		-	(5) a utility bill addressed to the voter's residence
74		-	address; or
75		-	(6) an official tax document or Texas Department of
76		-	Motor Vehicles document showing the registration address of a
77		-	vehicle the voter owns.
	49	+	under Section 521.054, Transportation Code, the new address
	50	+	contained in the notification;
	51	+	(2) the address stated on a personal identification
	52	+	card issued to the voter by the Department of Public Safety that has
	53	+	not expired or, if the voter has notified the department of a change
	54	+	of address under Section 521.054, Transportation Code, the new
	55	+	address contained in the notification;
	56	+	(3) the address stated on a license to carry a handgun
	57	+	issued to the voter by the Department of Public Safety that has not
	58	+	expired or, if the voter has notified the department of a change of
	59	+	address under Section 411.181, Government Code, the new address
	60	+	contained in the notification;
	61	+	(4) an address corresponding to a residence at which
	62	+	the voter receives mail;
	63	+	(5) the address the voter claims as a homestead in this
	64	+	state; or
	65	+	(6) the registration address of a vehicle the voter
	66	+	owns.
78	67		(b) A voter whose residence in this state has no address may
79		-	~~document~~ residence under this section by executing an affidavit
	68	+	establish residence under this section by executing an affidavit
80	69		stating that the voter's residence in this state has no address,
81	70		providing a concise description of the location of the voter's
82	71		residence, and delivering the affidavit to the registrar with the
83	72		voter's response to the confirmation notice.
84	73		(c) The address described by Subsection (a)(4) may not be a
85	74		commercial post office box or similar location that does not
86	75		correspond to a residence.
87	76		(d) This section does not apply to:
88	77		(1) a voter who is a member of the armed forces of the
89	78		United States or the spouse or a dependent of a member;
90		-	(2) a voter enrolled as a full-time student ~~who lives~~
91		-	~~on campus at an~~ institution of higher education;
	79	+	(2) a voter enrolled as a full-time student at an
	80	+	institution of higher education;
92	81		(3) a voter whose address is confidential under
93	82		Subchapter C, Chapter 56, Code of Criminal Procedure;
94	83		(4) a federal judge, state judge, or spouse of a
95	84		federal or state judge whose driver's license includes the street
96	85		address of a courthouse under Section 521.121, Transportation Code;
97	86		or
98	87		(5) a peace officer whose driver's license omits the
99	88		officer's actual residence address under Section 521.1211,
100	89		Transportation Code.
101	90		(e) Subsection (a)(1) does not apply to a voter who holds a
102	91		commercial driver's license under Subchapter C, Chapter 522,
103	92		Transportation Code.
104	93		(f) Notwithstanding the other provisions of this section, a
105		-	voter enrolled as a full-time student ~~who lives on campus~~ at an
106		-	~~institution of higher~~ education may use the address of a post office
107		-	~~box located on the~~ campus of the institution or in a dormitory owned
108		-	~~or operated by the~~ institution to confirm the voter's residence.
	94	+	voter enrolled as a full-time student at an institution of higher
	95	+	education may use the address of a post office box located on the
	96	+	campus of the institution or in a dormitory owned or operated by the
	97	+	institution to confirm the voter's residence.
109	98		(g) The secretary of state shall adopt rules as necessary to
110	99		implement this section.
111		-	SECTION 5. This Act takes effect September 1, 2019.
	100	+	SECTION 4. This Act takes effect September 1, 2019.
	101	+	* * * * *