Texas 2019 - 86th Regular

Texas Senate Bill SB903 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hughes, Creighton S.B. No. 903
2		-	Hall
	1	+	By: Hughes S.B. No. 903
	2	+	(In the Senate - Filed March 8, 2019; March 11, 2019, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 8, 2019, reported favorably by the following vote: Yeas 7,
	5	+	Nays 2; April 8, 2019, sent to printer.)
	6	+	Click here to see the committee vote
3	7
4	8
5	9		A BILL TO BE ENTITLED
6	10		AN ACT
7	11		relating to the integrity of elections in this state; imposing a
8	12		civil penalty; increasing a criminal penalty.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Article 42.03, Code of Criminal Procedure, is
11	15		amended by adding Section 6 to read as follows:
12	16		Sec. 6. The court, after pronouncing the sentence of a
13	17		defendant adjudged guilty of a felony, shall inform the defendant
14	18		of the full impact of the conviction on the defendant's voting
15	19		rights in this state under Section 11.002(a)(4), Election Code.
16	20		SECTION 2. Section 13.074(c), Election Code, is amended to
17	21		read as follows:
18	22		(c) The registrar may not challenge an applicant later than:
19	23		(1) the fifth [second] day after the date the
20	24		application is determined to comply with Section 13.002 and
21	25		indicate that the applicant is eligible for registration, if the
22	26		application was submitted less than 60 days before the next
23	27		election in which the applicant would be eligible to vote; or
24	28		(2) the 30th day after the date the application is
25	29		determined to comply with Section 13.002 and indicate that the
26	30		applicant is eligible for registration, if the application was
27	31		submitted more than 60 days before the next election in which the
28	32		applicant would be eligible to vote.
29	33		SECTION 3. Section 15.028, Election Code, is amended to
30	34		read as follows:
31	35		Sec. 15.028. NOTICE OF UNLAWFUL VOTING OR REGISTRATION [TO
32	36		PROSECUTOR]. [(a)] If the registrar determines that a person who
33	37		is not eligible to vote may have registered to vote or [a registered
34	38		voter] voted in an election, the registrar shall execute and
35	39		deliver to the attorney general, the secretary of state, and the
36	40		county or district attorney having jurisdiction in the territory
37	41		covered by the election an affidavit stating the relevant facts.
38	42		[(b) If the election covers territory in more than one
39	43		county, the registrar shall also deliver an affidavit to the
40	44		attorney general.]
41	45		SECTION 4. Section 16.001(d), Election Code, is amended to
42	46		read as follows:
43	47		(d) With the cooperation of the secretary of state, the
44	48		Department of Public Safety shall, in accordance with federal law,
45	49		enter into an agreement with the commissioner of social security to
46	50		verify on a quarterly basis the information of voter registration
47	51		records containing a social security number. At a minimum, the
48	52		department shall verify if:
49	53		(1) the name, date of birth, and social security
50	54		number listed in the commissioner's records match those on record
51	55		with the department; and
52	56		(2) the commissioner's records show the person to be
53	57		deceased. [The secretary of state shall quarterly obtain from the
54	58		United States Social Security Administration available information
55	59		specified by the secretary relating to deceased residents of the
56	60		state.]
57	61		SECTION 5. Section 16.0332(a), Election Code, is amended to
58	62		read as follows:
59	63		(a) After the registrar receives a list under Section 18.068
60	64		of this code or Section 62.113, Government Code, of persons excused
61	65		or disqualified from jury service or otherwise determined to be
62	66		ineligible to vote because of citizenship status, the registrar
63	67		shall deliver to each registered voter whose name appears on the
64	68		list a written notice requiring the voter to submit to the registrar
65	69		proof of United States citizenship in the form of a certified copy
66	70		of the voter's birth certificate, United States passport, or
67	71		certificate of naturalization or any other form prescribed by the
68	72		secretary of state. The notice shall be delivered by forwardable
69	73		mail to the mailing address on the voter's registration application
70	74		and to any new address of the voter known to the registrar.
71	75		SECTION 6. Section 18.065, Election Code, is amended by
72	76		amending Subsection (a) and adding Subsections (e), (f), and (g) to
73	77		read as follows:
74	78		(a) The secretary of state shall monitor each registrar for
75	79		substantial compliance with Sections 15.083, 16.032, 16.0332, and
76	80		18.061 and with rules implementing the statewide computerized voter
77	81		registration list.
78	82		(e) If a registrar fails to correct a violation within 30
79	83		days of a notice under Subsection (b), the secretary of state shall
80	84		correct the violation on behalf of the registrar.
81	85		(f) A registrar is liable to this state for a civil penalty
82	86		of $100 for each violation corrected by the registrar under
83	87		Subsection (e). The attorney general may bring an action to recover
84	88		a civil penalty imposed under this section.
85	89		(g) A civil penalty collected by the attorney general under
86	90		this section shall be deposited in the state treasury to the credit
87	91		of the general revenue fund.
88	92		SECTION 7. Section 18.068, Election Code, is amended to
89	93		read as follows:
90	94		Sec. 18.068. COMPARISON OF INFORMATION REGARDING
91	95		INELIGIBILITY. (a) The secretary of state shall quarterly compare
92	96		the information received under Section 16.001 of this code and
93	97		Section 62.113, Government Code, to the statewide computerized
94	98		voter registration list.
95	99		(a-1) The secretary of state shall enter into an agreement
96	100		with the Department of Public Safety under which information in the
97	101		statewide computerized voter registration list is compared against
98	102		information in the database of the Department of Public Safety on a
99	103		monthly basis to verify the accuracy of information provided on
100	104		voter registration applications. The information compared must
101	105		include, at a minimum, a voter's:
102	106		(1) full legal name;
103	107		(2) former name, if applicable;
104	108		(3) date of birth;
105	109		(4) residence address;
106	110		(5) driver's license or state identification card
107	111		number;
108	112		(6) signature;
109	113		(7) social security number;
110	114		(8) documentation of lawful presence in this state;
111	115		and
112	116		(9) citizenship status.
113	117		(a-2) If the secretary determines from information received
114	118		under Subsection (a) or (a-1) that a voter on the registration list
115	119		may be ineligible to vote [is deceased or has been excused or
116	120		disqualified from jury service because the voter is not a citizen],
117	121		the secretary shall send notice of the determination to the voter
118	122		registrar of the counties considered appropriate by the secretary.
119	123		(b) The secretary of state shall by rule determine what
120	124		information combinations identified as common to a voter and to an
121	125		individual who is deceased or ineligible to vote constitute a weak
122	126		match or a strong match in order to:
123	127		(1) produce the least possible impact on Texas voters;
124	128		and
125	129		(2) fulfill its responsibility to manage the voter
126	130		rolls.
127	131		(c) The secretary of state may not determine that a voter is
128	132		deceased or ineligible to vote based on a weak match. The secretary
129	133		of state may inform the county of the voter's residence that a weak
130	134		match exists.
131	135		(d) On receiving notification from the secretary of state
132	136		under Subsection (c) that a weak match of identifying information
133	137		exists for a county voter and an individual who is deceased or
134	138		ineligible to vote, the county shall investigate whether the voter
135	139		is that [the] individual [who is deceased].
136	140		(e) The secretary of state may determine that a voter is
137	141		deceased or ineligible to vote based on a strong match.
138	142		(f) The secretary of state may obtain, for purposes of
139	143		determining whether a voter is deceased or ineligible to vote,
140	144		information from other state agency databases relating to a voter
141	145		that is the same type of information that the secretary of state or
142	146		a voter registrar collects or stores for voter registration
143	147		purposes.
144	148		(g) Not later than December 31 of each year, the secretary
145	149		of state shall provide a report to the legislature of the number of
146	150		voters determined to be ineligible under this section during the
147	151		calendar year. The report must include the reason for
148	152		ineligibility for each voter.
149	153		SECTION 8. Section 18.0681(d), Election Code, is amended to
150	154		read as follows:
151	155		(d) If the secretary of state determines that a voter on the
152	156		registration list has more than one registration record on file
153	157		based on a strong match, the secretary shall send notice of the
154	158		determination to the voter registrar of each county in which the
155	159		voter is registered to vote. If the voter records identified are:
156	160		(1) located in the same county, the voter registrar
157	161		shall [may] merge the records following a determination that each
158	162		record belongs to the same voter using the procedure for the
159	163		correction of registration records under Section 15.022; or
160	164		(2) located in more than one county, the registrar of
161	165		the county with the oldest record shall [may] deliver a written
162	166		confirmation notice in accordance with Section 15.051.
163	167		SECTION 9. Subchapter C, Chapter 33, Election Code, is
164	168		amended by adding Section 33.0581 to read as follows:
165	169		Sec. 33.0581. REPORT TO ATTORNEY GENERAL. (a) A watcher
166	170		who observes a violation of Section 276.013 may report the
167	171		violation to the attorney general.
168	172		(b) The attorney general shall prescribe the form and manner
169	173		of a report under this section and may adopt rules as necessary to
170	174		implement this section.
171	175		SECTION 10. Section 87.0431(b), Election Code, is amended
172	176		to read as follows:
173	177		(b) The early voting clerk shall, not later than the 30th
174	178		day after election day, deliver notice to the attorney general,
175	179		including certified copies of the carrier envelope and
176	180		corresponding ballot application, of any ballot rejected because:
177	181		(1) the voter was deceased;
178	182		(2) the voter already voted in person in the same
179	183		election;
180	184		(3) the signatures on the carrier envelope and ballot
181	185		application were not executed by the same person;
182	186		(4) the carrier envelope certificate lacked a witness
183	187		signature; [or]
184	188		(5) the carrier envelope certificate was improperly
185	189		executed by an assistant; or
186	190		(6) any form of voter fraud was committed.
187	191		SECTION 11. Section 273.021(a), Election Code, is amended
188	192		to read as follows:
189	193		(a) The attorney general may prosecute a criminal offense
190	194		prescribed by the election laws of this state, including any
191	195		offense under state law that involves any part of the election
192	196		process.
193	197		SECTION 12. Section 276.013(b), Election Code, is amended
194	198		to read as follows:
195	199		(b) An offense under this section is a state jail felony
196	200		[Class A misdemeanor].
197	201		SECTION 13. The changes in law made by this Act apply only
198	202		to an offense committed on or after the effective date of this Act.
199	203		An offense committed before the effective date of this Act is
200	204		governed by the law in effect on the date the offense was committed,
201	205		and the former law is continued in effect for that purpose. For
202	206		purposes of this section, an offense was committed before the
203	207		effective date of this Act if any element of the offense occurred
204	208		before that date.
205	209		SECTION 14. This Act takes effect September 1, 2019.
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