Texas 2019 - 86th Regular

Texas Senate Bill SB231 Compare Versions

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

Old	New	Differences
1	1	86R3519 GRM-D
2	2	By: Menéndez S.B. No. 231
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	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13.002(i), Election Code, is amended to
10	10	read as follows:
11	11	(i) An applicant who wishes to receive an exemption from the
12	12	requirements of Section 63.001(b) on the basis of disability must
13	13	include with the person's application:
14	14	(1) written documentation:
15	15	(A) from the United States Social Security
16	16	Administration evidencing the applicant has been determined to have
17	17	a disability; or
18	18	(B) from the United States Department of Veterans
19	19	Affairs evidencing the applicant has a disability rating of at
20	20	least 50 percent; and
21	21	(2) a statement in a form prescribed by the secretary
22	22	of state that the applicant does not have [a form of] identification
23	23	required by Section 63.001(b) in a form described by [acceptable
24	24	under] Section 63.0101.
25	25	SECTION 2. Sections 63.001(b) and (i), Election Code, are
26	26	amended to read as follows:
27	27	(b) Except as provided by Subsection (h), on offering to
28	28	vote, a voter must present to an election officer at the polling
29	29	place:
30	30	(1) one form of photo identification listed in Section
31	31	63.0101(a); [or]
32	32	(2) one form of identification listed in Section
33	33	63.0101(b) accompanied by the declaration described by Subsection
34	34	(i);
35	35	(3) two forms of identification listed under Section
36	36	63.0101(b), including one form that contains the voter's current
37	37	address; or
38	38	(4) two forms of identification listed under Section
39	39	63.0101(b)(4) accompanied by the declaration described by
40	40	Subsection (i) of this section.
41	41	(i) If the requirement for identification prescribed by
42	42	Subsection (b)(1) or (3) is not met, an election officer shall
43	43	notify the voter that the voter may be accepted for voting if the
44	44	voter meets the requirement for identification prescribed by
45	45	Subsection (b)(2) or (4) and executes a declaration declaring the
46	46	voter has a reasonable impediment to meeting the requirement for
47	47	identification prescribed by Subsection (b)(1) or (3). A person is
48	48	subject to prosecution for perjury under Chapter 37, Penal Code, or
49	49	Section 63.0013 for a false statement or false information on the
50	50	declaration. The secretary of state shall prescribe the form of the
51	51	declaration. The form shall include:
52	52	(1) a notice that a person is subject to prosecution
53	53	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
54	54	false statement or false information on the declaration;
55	55	(2) a statement that the voter swears or affirms that
56	56	the information contained in the declaration is true, that the
57	57	person described in the declaration is the same person appearing at
58	58	the polling place to sign the declaration, and that the voter faces
59	59	a reasonable impediment to procuring the identification prescribed
60	60	by Subsection (b)(1) or (3);
61	61	(3) a place for the voter to indicate one of the
62	62	following impediments:
63	63	(A) lack of transportation;
64	64	(B) lack of birth certificate or other documents
65	65	needed to obtain the identification prescribed by Subsection
66	66	(b)(1);
67	67	(C) work schedule;
68	68	(D) lost or stolen identification;
69	69	(E) disability or illness;
70	70	(F) family responsibilities; and
71	71	(G) the identification prescribed by Subsection
72	72	(b)(1) or (3) has been applied for but not received;
73	73	(4) a place for the voter to sign and date the
74	74	declaration;
75	75	(5) a place for the election judge to sign and date the
76	76	declaration;
77	77	(6) a place to note the polling place at which the
78	78	declaration is signed; and
79	79	(7) a place for the election judge to note which form
80	80	of identification prescribed by Subsection (b)(2) or (4) the voter
81	81	presented.
82	82	SECTION 3. Sections 63.0101(a) and (b), Election Code, are
83	83	amended to read as follows:
84	84	(a) The following documentation is an acceptable form of
85	85	photo identification under this chapter:
86	86	(1) a driver's license, election identification
87	87	certificate, or personal identification card issued to the voter
88	88	[person] by the Department of Public Safety that has not expired or
89	89	that expired no earlier than four years before the date of
90	90	presentation;
91	91	(2) a United States military identification card that
92	92	contains the voter's [person's] photograph that has not expired or
93	93	that expired no earlier than four years before the date of
94	94	presentation;
95	95	(3) a United States citizenship certificate issued to
96	96	the voter [person] that contains the voter's [person's] photograph;
97	97	(4) a United States passport book or card issued to the
98	98	voter [person] that has not expired or that expired no earlier than
99	99	four years before the date of presentation; [or]
100	100	(5) a license to carry a handgun issued to the voter
101	101	[person] by the Department of Public Safety that has not expired or
102	102	that expired no earlier than four years before the date of
103	103	presentation;
104	104	(6) an official Native American tribal document that:
105	105	(A) contains the voter's photograph and address;
106	106	and
107	107	(B) is issued by a tribe that is federally
108	108	recognized and located in this state; or
109	109	(7) any other official government document issued to
110	110	the voter and containing the voter's name, address, and photograph.
111	111	(b) The following documentation is acceptable as proof of
112	112	identification under this chapter:
113	113	(1) a government document that shows the name and
114	114	address of the voter, including the voter's voter registration
115	115	certificate;
116	116	(2) one of the following documents that shows the name
117	117	and address of the voter:
118	118	(A) a copy of a current utility bill;
119	119	(B) a bank or credit union statement;
120	120	(C) a government check; or
121	121	(D) a paycheck or pension plan statement; [or]
122	122	(3) a certified copy of a domestic birth certificate
123	123	or other document confirming birth that is admissible in a court of
124	124	law and establishes the person's identity; or
125	125	(4) two of the following documents issued or delivered
126	126	to the voter, one of which must contain the name and address of the
127	127	voter:
128	128	(A) a Medicare, Medicaid, or Department of
129	129	Veterans Affairs identification card or other health insurance
130	130	identification card;
131	131	(B) a Department of Defense identification card;
132	132	(C) a social security identification card;
133	133	(D) a label on a prescription drug container;
134	134	(E) an identity bracelet issued by a hospital or
135	135	long-term care facility;
136	136	(F) a credit or debit card;
137	137	(G) an identification card issued by an employer;
138	138	(H) a student identification card issued by a
139	139	public or private high school or institution of higher education;
140	140	(I) a library card;
141	141	(J) a Texas Department of Criminal Justice
142	142	document indicating release or parole;
143	143	(K) a fishing or hunting license;
144	144	(L) a lease or mortgage for real property;
145	145	(M) a motor vehicle title;
146	146	(N) an insurance certificate, policy
147	147	declaration, or other document demonstrating proof of insurance;
148	148	(O) a letter from a public or private school or
149	149	institution of higher education;
150	150	(P) a personal check;
151	151	(Q) an official Native American tribal document
152	152	that is issued by a tribe that is federally recognized and located
153	153	in this state;
154	154	(R) a blood donor card;
155	155	(S) a public transportation card;
156	156	(T) a property tax assessment;
157	157	(U) a form prescribed by the Internal Revenue
158	158	Service;
159	159	(V) a letter from a public conservator,
160	160	court-appointed guardian, or trustee;
161	161	(W) a letter of confirmation of residence, letter
162	162	of stay, admission form, or statement of benefits from:
163	163	(i) a student residence;
164	164	(ii) a nursing home or other long-term care
165	165	facility or a retirement center;
166	166	(iii) a shelter; or
167	167	(iv) a soup kitchen;
168	168	(X) a document listed in Subdivision (1), (2), or
169	169	(3); or
170	170	(Y) another government document containing the
171	171	person's name.
172	172	SECTION 4. Section 63.011(b), Election Code, is amended to
173	173	read as follows:
174	174	(b) A form for an affidavit required by this section must be
175	175	printed on an envelope in which the provisional ballot voted by the
176	176	person may be placed and must include:
177	177	(1) a space for entering the identification number of
178	178	the provisional ballot voted by the person; and
179	179	(2) a space for an election officer to indicate
180	180	whether the person presented [a form of] identification required by
181	181	Section 63.001(b) in a form described by Section 63.0101.
182	182	SECTION 5. Section 65.0541(a), Election Code, is amended to
183	183	read as follows:
184	184	(a) A voter who is accepted for provisional voting under
185	185	Section 63.011 because the voter does not meet the identification
186	186	requirements of Section 63.001(b) may, not later than the sixth day
187	187	after the date of the election:
188	188	(1) present [a form of] identification required by
189	189	Section 63.001(b) in a form described by Section 63.0101 to the
190	190	voter registrar for examination; or
191	191	(2) execute an affidavit described by Section
192	192	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
193	193	SECTION 6. Section 86.006(a-1), Election Code, is amended
194	194	to read as follows:
195	195	(a-1) The voter may deliver a marked ballot in person to the
196	196	early voting clerk's office only while the polls are open on
197	197	election day. A voter who delivers a marked ballot in person must
198	198	present identification required by Section 63.001(b) in a [an
199	199	acceptable] form [of identification] described by Section 63.0101.
200	200	SECTION 7. This Act takes effect September 1, 2019.