Texas 2021 - 87th Regular

Texas House Bill HB2484 Compare Versions

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11 87R2353 TSS-D
22 By: Herrero H.B. No. 2484
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to automatic voter registration on issuance or change of a
88 driver's license or identification card by the Department of Public
99 Safety.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION, INITIAL
1212 REGISTRATION, AND RENEWAL OF REGISTRATION
1313 SECTION 1.01. Section 12.001, Election Code, is amended to
1414 read as follows:
1515 Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. (a) Except as
1616 provided by Subsection (b), the [The] county tax assessor-collector
1717 is the voter registrar for the county unless the position of county
1818 elections administrator is created or the county clerk is
1919 designated as the voter registrar.
2020 (b) The secretary of state is the voter registrar for the
2121 purpose of the registration of voters and maintenance of the list of
2222 registered voters. The voter registrar designated under Subsection
2323 (a) is the voter registrar for all other purposes.
2424 SECTION 1.02. Section 12.004, Election Code, is amended to
2525 read as follows:
2626 Sec. 12.004. OFFICE HOURS. (a) [The registrar shall
2727 conduct voter registration activities at all times during regular
2828 office hours.
2929 [(b) The registrar may keep the office open for voter
3030 registration activities at times other than regular office hours.
3131 The registrar shall post notice of the irregular days and hours the
3232 office will be open. The notice must remain posted continuously at
3333 each entrance to the registrar's office for the period beginning
3434 not later than the third day before the day the office is to be open
3535 during irregular hours and ending after the last time specified in
3636 the notice for the office to be open.
3737 [(c)] The registrar's office shall remain open [for voter
3838 registration activities] during the hours the polls are required to
3939 be open for voting on the date of any general or primary election in
4040 which a statewide office appears on the ballot or any other election
4141 held in the county on a uniform election date.
4242 (b) [(d)] If early voting by personal appearance is
4343 required to be conducted for extended hours under Section 85.005(c)
4444 or for weekend hours under Section 85.006(e), the registrar's
4545 office shall remain open for providing voter registration
4646 information during the extended hours or weekend hours that the
4747 main early voting polling place is open for voting.
4848 SECTION 1.03. Section 13.001(b), Election Code, is amended
4949 to read as follows:
5050 (b) To be eligible to apply for registration, a person must,
5151 on the date the registration application is submitted to the
5252 secretary of state [registrar], be at least 17 years and 10 months
5353 of age and satisfy the requirements of Subsection (a) except for
5454 age.
5555 SECTION 1.04. The heading to Section 13.002, Election Code,
5656 is amended to read as follows:
5757 Sec. 13.002. OPTIONAL APPLICATION [REQUIRED].
5858 SECTION 1.05. Section 13.002, Election Code, is amended by
5959 amending Subsection (a) and adding Subsection (j) to read as
6060 follows:
6161 (a) A person desiring to register to vote may [must] submit
6262 an application to the secretary of state or to the registrar of the
6363 county in which the person resides, who must forward the
6464 application to the secretary of state not later than the fifth day
6565 after the date the application is submitted. Except as provided by
6666 Subsection (e), an application must be submitted by personal
6767 delivery, by mail, or by telephonic facsimile machine in accordance
6868 with Sections 13.143(d) and (d-2).
6969 (j) Nothing in this section shall prevent a person from
7070 becoming registered to vote as provided by Section 13.009.
7171 SECTION 1.06. Section 13.0021, Election Code, is amended by
7272 adding Subsection (c) to read as follows:
7373 (c) A federal judge or state judge or the spouse of a federal
7474 judge or state judge who is automatically registered to vote under
7575 Section 13.009 and seeks to have a residence address omitted from
7676 the registration list shall submit an affidavit to the secretary of
7777 state stating that the individual is a federal judge or state judge
7878 or the spouse of a federal judge or state judge.
7979 SECTION 1.07. The heading to Section 13.004, Election Code,
8080 is amended to read as follows:
8181 Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN
8282 INFORMATION [BY REGISTRAR].
8383 SECTION 1.08. Sections 13.004(a), (b), (c-1), and (d),
8484 Election Code, are amended to read as follows:
8585 (a) The secretary of state [registrar] may not transcribe,
8686 copy, or otherwise record a telephone number furnished on a
8787 registration application.
8888 (b) The secretary of state [registrar] may transcribe,
8989 copy, or otherwise record a social security number furnished on a
9090 registration application only in maintaining the accuracy of the
9191 registration records.
9292 (c-1) The secretary of state and the registrar shall ensure
9393 that the information listed in Subsection (c) is excluded from
9494 disclosure, except that the secretary of state [registrar] shall
9595 forward to the county chair of each county executive committee the
9696 information necessary to contact applicants who indicate interest
9797 in working as an election judge.
9898 (d) The secretary of state, voter registrar, or other county
9999 official who has access to the information furnished on a
100100 registration application may not post the following information on
101101 a website:
102102 (1) a telephone number;
103103 (2) a social security number;
104104 (3) a driver's license number or a number of a personal
105105 identification card;
106106 (4) a date of birth; or
107107 (5) the residence address of a voter who submits
108108 documentation under Subsection (c)(5), (6), (7), or (8) to the
109109 secretary of state [voter registrar] or regarding whom the
110110 registrar has received notification under Section 13.0021(c) or
111111 15.0215.
112112 SECTION 1.09. Section 13.004(c), Election Code, as amended
113113 by Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
114114 Acts of the 86th Legislature, Regular Session, 2019, is reenacted
115115 and amended to read as follows:
116116 (c) The following information furnished on a registration
117117 application is confidential and does not constitute public
118118 information for purposes of Chapter 552, Government Code:
119119 (1) a social security number;
120120 (2) a Texas driver's license number;
121121 (3) a number of a personal identification card issued
122122 by the Department of Public Safety;
123123 (4) an indication that an applicant is interested in
124124 working as an election judge;
125125 (5) the residence address of the applicant, if the
126126 applicant is a federal judge or state judge, the spouse of a federal
127127 judge or state judge, the spouse of a peace officer as defined by
128128 Article 2.12, Code of Criminal Procedure, or an individual to whom
129129 Section 552.1175, Government Code, or Section 521.1211,
130130 Transportation Code, applies and the applicant:
131131 (A) included an affidavit with the registration
132132 application describing the applicant's status under this
133133 subdivision, if the applicant is a federal judge or state judge or
134134 the spouse of a federal judge or state judge;
135135 (B) provided the secretary of state [registrar]
136136 with an affidavit describing the applicant's status under this
137137 subdivision, if the applicant is a federal judge or state judge or
138138 the spouse of a federal judge or state judge; or
139139 (C) provided the secretary of state [registrar]
140140 with a completed form approved by the secretary of state for that
141141 [the] purpose [of notifying the registrar of the applicant's status
142142 under this subdivision];
143143 (6) the residence address of the applicant, if the
144144 applicant, the applicant's child, or another person in the
145145 applicant's household is a victim of family violence as defined by
146146 Section 71.004, Family Code, who provided the secretary of state
147147 [registrar] with:
148148 (A) a copy of a protective order issued under
149149 Chapter 85, Family Code, or a magistrate's order for emergency
150150 protection issued under Article 17.292, Code of Criminal Procedure;
151151 or
152152 (B) other independent documentary evidence
153153 necessary to show that the applicant, the applicant's child, or
154154 another person in the applicant's household is a victim of family
155155 violence;
156156 (7) the residence address of the applicant, if the
157157 applicant, the applicant's child, or another person in the
158158 applicant's household is a victim of sexual assault or abuse,
159159 stalking, or trafficking of persons who provided the secretary of
160160 state [registrar] with:
161161 (A) a copy of a protective order issued under
162162 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
163163 magistrate's order for emergency protection issued under Article
164164 17.292, Code of Criminal Procedure; or
165165 (B) other independent documentary evidence
166166 necessary to show that the applicant, the applicant's child, or
167167 another person in the applicant's household is a victim of sexual
168168 assault or abuse, stalking, or trafficking of persons;
169169 (8) the residence address of the applicant, if the
170170 applicant:
171171 (A) is a participant in the address
172172 confidentiality program administered by the attorney general under
173173 Subchapter B, Chapter 58, Code of Criminal Procedure; and
174174 (B) provided the secretary of state [registrar]
175175 with proof of certification under Article 58.059, Code of Criminal
176176 Procedure; or
177177 (9) the telephone number of any applicant submitting
178178 documentation under Subdivision (5), (6), (7), or (8).
179179 SECTION 1.10. Subchapter A, Chapter 13, Election Code, is
180180 amended by adding Sections 13.009 and 13.010 to read as follows:
181181 Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
182182 PUBLIC SAFETY. (a) The secretary of state shall automatically
183183 register any individual who is eligible to vote as provided by
184184 Section 13.001 and:
185185 (1) is issued a Texas driver's license or a personal
186186 identification card by the Department of Public Safety; or
187187 (2) makes a change to a Texas driver's license or
188188 personal identification card issued by the Department of Public
189189 Safety.
190190 (b) A driver's license or personal identification card
191191 transaction with an indication provided by Section 20.062(b) or
192192 20.063(c) that the transaction is not for voter registration
193193 purposes is not subject to this section.
194194 Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The
195195 secretary of state shall post on its Internet website voter
196196 registration application forms that may be printed and submitted to
197197 the secretary of state or to the registrar of the county in which
198198 the person resides in:
199199 (1) English; and
200200 (2) any language other than English for which over
201201 five percent of the total voting age citizens of a political
202202 subdivision in this state are members of that single minority
203203 language group.
204204 SECTION 1.11. Section 13.071, Election Code, is amended to
205205 read as follows:
206206 Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
207207 state [registrar] shall review each submitted application for
208208 registration to determine whether it complies with Section 13.002
209209 and indicates that the applicant is eligible for registration.
210210 (b) The secretary of state [registrar] shall make the
211211 determination not later than the seventh day after the date the
212212 application is submitted to the secretary of state [registrar].
213213 SECTION 1.12. Sections 13.072(a), (b), and (c), Election
214214 Code, are amended to read as follows:
215215 (a) The secretary of state [Unless the registrar challenges
216216 the applicant, the registrar] shall approve the application if:
217217 (1) the secretary of state [registrar] determines that
218218 an application complies with Section 13.002 and indicates that the
219219 applicant is eligible for registration; and
220220 (2) for an applicant who has not included a statement
221221 described by Section 13.002(c)(8)(C) or for an applicant who does
222222 not register under Section 13.009, the [registrar verifies with
223223 the] secretary of state verifies:
224224 (A) the applicant's Texas driver's license number
225225 or number of a personal identification card issued by the
226226 Department of Public Safety; or
227227 (B) the last four digits of the applicant's
228228 social security number.
229229 (b) After approval of an application by an applicant who was
230230 registered in another county at the time of application, the
231231 secretary of state [registrar] shall update the statewide voter
232232 registration list to reflect [deliver written notice of the
233233 applicant's change of residence to the other county's registrar and
234234 include in the notice] the applicant's change in county of [name,
235235 former] residence [address, and former registration number, if
236236 known].
237237 (c) If [Except as provided by Subsection (d), if] the
238238 secretary of state [registrar] determines that an application does
239239 not comply with Section 13.002 or does not indicate that the
240240 applicant is eligible for registration, the secretary of state
241241 [registrar] shall reject the application.
242242 SECTION 1.13. Subchapter C, Chapter 13, Election Code, is
243243 amended by adding Section 13.0725 to read as follows:
244244 Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS
245245 DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED
246246 PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The
247247 secretary of state shall adopt rules establishing standards used
248248 for the verification of information on a voter registration
249249 application submitted under Section 13.072(a)(2)(A). The rules
250250 shall provide a process by which the secretary of state verifies an
251251 applicant's Texas driver's license number or Department of Public
252252 Safety issued personal identification card number if, based on the
253253 available information, a minor correction in the applicant's last
254254 name or date of birth would lead a reasonable person to conclude
255255 that the number submitted is the correct number for that applicant.
256256 (b) If available, the secretary of state shall review the
257257 name and date of birth maintained by the Department of Public Safety
258258 or other agency used in the verification process for a submitted
259259 application that corresponds to the Texas driver's license number,
260260 Department of Public Safety issued personal identification card
261261 number, or social security number submitted by the applicant if:
262262 (1) the secretary of state cannot verify the accuracy
263263 of an applicant's Texas driver's license number, Department of
264264 Public Safety issued personal identification card number, or social
265265 security number as submitted by the applicant; or
266266 (2) the secretary of state verifies the accuracy of
267267 the number provided, but it is not a perfect match with the personal
268268 information provided by the applicant.
269269 (c) If the application was not otherwise verified under this
270270 section and the secretary of state determines that a governmental
271271 clerical error was made in processing or submitting the
272272 application, the secretary of state shall correct the registration
273273 record and submit the corrected record for verification under
274274 Section 13.072(a)(2).
275275 SECTION 1.14. Section 13.073, Election Code, is amended to
276276 read as follows:
277277 Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided
278278 by Subsection (b), the secretary of state [registrar] shall deliver
279279 written notice of the reason for the rejection of an application to
280280 the applicant not later than the second day after the date of
281281 rejection. If an application is rejected because it was not
282282 verified under Section 13.072, the notice shall indicate whether
283283 the last name, date of birth, Texas driver's license number,
284284 Department of Public Safety issued personal identification card
285285 number, or social security number was the reason for the failure to
286286 verify, if that information is provided to the secretary of state
287287 under Section 13.0725.
288288 (b) If the secretary of state [registrar] rejects an
289289 application in the applicant's presence, at that time the secretary
290290 of state [registrar] shall orally inform the applicant of the
291291 reason for the rejection. If the rejection is for incompleteness,
292292 the secretary of state [registrar] shall return the application to
293293 the applicant for completion and resubmission.
294294 (c) If the secretary of state [registrar] rejects an
295295 application for incompleteness but receives a completed
296296 application not later than the 10th day after the date the notice is
297297 delivered under Subsection (a) or the date the incomplete
298298 application is returned under Subsection (b), as applicable, the
299299 original date of submission of the incomplete application is
300300 considered to be the date of submission to the secretary of state
301301 [registrar] for the purpose of determining the effective date of
302302 registration.
303303 SECTION 1.15. Sections 13.074(a) and (b), Election Code,
304304 are amended to read as follows:
305305 (a) If after the secretary of state determines
306306 [determining] that an application complies with Section 13.002 and
307307 indicates that the applicant is eligible for registration, the
308308 registrar has reason to believe the applicant is not eligible for
309309 registration or the application was submitted in an unauthorized
310310 manner, the registrar shall challenge the applicant.
311311 (b) The registrar shall indicate on the statewide
312312 computerized voter registration list [application of a challenged
313313 applicant] that the applicant's eligibility or the manner of
314314 submission of the application has been challenged and the date of
315315 the challenge.
316316 SECTION 1.16. Section 13.080, Election Code, is amended to
317317 read as follows:
318318 Sec. 13.080. RECORDING REJECTION. On rejection of an
319319 applicant's registration application by a registrar under Section
320320 13.079, the registrar shall inform the secretary of state and the
321321 secretary of state shall enter the date of and reason for the
322322 rejection on the application.
323323 SECTION 1.17. Sections 13.101(a) and (b), Election Code,
324324 are amended to read as follows:
325325 (a) The secretary of state [registrar] shall maintain a file
326326 containing the approved registration applications of the
327327 registered voters of the state [county].
328328 (b) The secretary of state [registrar] shall maintain the
329329 file in alphabetical order by voter name on a county by county
330330 [countywide] basis. However, the secretary of state [registrar] may
331331 maintain the file in numerical order by registration number if the
332332 secretary of state [registrar] regularly maintains a list of
333333 registered voters in alphabetical order by voter name on a county by
334334 county [countywide] basis.
335335 SECTION 1.18. Sections 13.102(a), (b), and (c), Election
336336 Code, are amended to read as follows:
337337 (a) The secretary of state [registrar] shall maintain a file
338338 containing the rejected applications of applicants for
339339 registration.
340340 (b) The secretary of state [registrar] shall maintain a
341341 file, separate from the file maintained under Subsection (a),
342342 containing the applications of the voters whose registrations have
343343 been canceled.
344344 (c) The secretary of state [registrar] shall maintain each
345345 file in alphabetical order by applicant or voter name on a county by
346346 county [countywide] basis.
347347 SECTION 1.19. Section 13.103, Election Code, is amended to
348348 read as follows:
349349 Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The
350350 registration application files maintained under this subchapter
351351 shall be kept in the secretary of state's [registrar's] office at
352352 all times in a place and manner ensuring their security.
353353 (b) Applications may be removed from the secretary of
354354 state's [registrar's] office temporarily, in a manner ensuring
355355 their security, for use in preparing registration certificates,
356356 lists of registered voters, and other registration documents by
357357 electronic data-processing methods.
358358 SECTION 1.20. Section 13.104(a), Election Code, is amended
359359 to read as follows:
360360 (a) Instead of keeping the original registration
361361 applications and supporting documentation as required by this
362362 title, the secretary of state [registrar] may record the
363363 applications and documentation on an optical disk or other computer
364364 storage medium [approved by the secretary of state].
365365 SECTION 1.21. Section 13.142(a), Election Code, is amended
366366 to read as follows:
367367 (a) The secretary of state shall notify the registrar of a
368368 voter's registration as soon as practicable. After notification of
369369 registration of a voter by the secretary of state under Section
370370 13.009, or approval of a registration application by the secretary
371371 of state, the registrar shall:
372372 (1) prepare a voter registration certificate in
373373 duplicate and issue the original certificate to the applicant; and
374374 (2) enter the applicant's county election precinct
375375 number and registration number on the applicant's registration
376376 application.
377377 SECTION 1.22. Sections 13.143(a), (d), (d-2), and (e),
378378 Election Code, are amended to read as follows:
379379 (a) Except as provided by Subsections (b) and (e), if an
380380 applicant's registration application is approved, the registration
381381 becomes effective on the 30th day after the date the application is
382382 submitted to the secretary of state [registrar] or on the date the
383383 applicant becomes 18 years of age, whichever is later.
384384 (d) For purposes of determining the effective date of a
385385 registration, an application submitted by:
386386 (1) mail is considered to be submitted to the
387387 secretary of state [registrar] on the date it is placed with postage
388388 prepaid and properly addressed in the United States mail; or
389389 (2) telephonic facsimile machine is considered to be
390390 submitted to the secretary of state [registrar] on the date the
391391 transmission is received by the secretary of state [registrar],
392392 subject to Subsection (d-2).
393393 (d-2) For a registration application submitted by
394394 telephonic facsimile machine to be effective, a copy of the
395395 registration application must be submitted by mail and be received
396396 by the secretary of state [registrar] not later than the fourth
397397 business day after the transmission by telephonic facsimile machine
398398 is received.
399399 (e) If the 30th day before the date of an election is a
400400 Saturday, Sunday, or legal state or national holiday, an
401401 application is considered to be timely if it is submitted to the
402402 secretary of state [registrar] on or before the next regular
403403 business day.
404404 SECTION 1.23. Sections 13.144(a) and (b), Election Code,
405405 are amended to read as follows:
406406 (a) Not later than the 30th day after the date the registrar
407407 receives notice from the secretary of state that an individual has
408408 registered to vote [the application], the registrar shall deliver
409409 the original of an initial certificate:
410410 (1) in person to the applicant or the applicant's agent
411411 appointed under Section 13.003; or
412412 (2) by mail to the applicant.
413413 (b) If delivery is by mail, the registrar shall send the
414414 certificate to the mailing address provided for the individual in
415415 the statewide computerized voter [on the applicant's] registration
416416 list [application].
417417 SECTION 1.24. Section 14.002(a), Election Code, is amended
418418 to read as follows:
419419 (a) Except as provided by Subsection (d), the registrar
420420 shall deliver a voter's renewal certificate by mail to the mailing
421421 address provided for the individual in the statewide computerized
422422 voter [on the voter's] registration list [application].
423423 SECTION 1.25. Section 15.021(c), Election Code, is amended
424424 to read as follows:
425425 (c) The registrar shall retain the notice on file [with the
426426 voter's registration application]. If the correction is a change
427427 of the voter's name, the registrar shall file the notice
428428 [application] under the new name.
429429 SECTION 1.26. Sections 15.0215(b) and (c), Election Code,
430430 are amended to read as follows:
431431 (b) On receiving notice from the Office of Court
432432 Administration of the Texas Judicial System of the person's
433433 qualification for office as a federal judge or state judge and of
434434 the name of the judge's spouse, if applicable, the secretary of
435435 state [registrar of the county in which the judge resides] shall:
436436 (1) omit from the statewide computerized voter
437437 registration list the residence address of the judge and the spouse
438438 of the judge; and
439439 (2) prepare a memorandum of the notice, indicating the
440440 substance and date of the notification, and retain the memorandum
441441 on file with the application.
442442 (c) A registered district voter who wishes to verify that an
443443 elected judge whose personal identifying information is
444444 confidential under Section 552.1175, Government Code, resides in
445445 the district may request in writing that the secretary of state
446446 [registrar] certify the judge lives in the district. The secretary
447447 of state [registrar] shall exercise due diligence in determining
448448 the residence of the judge and respond to the voter in writing not
449449 later than the 10th business day after the date the request is
450450 received on whether the judge resides in the district. The
451451 secretary of state [registrar] may not release the address of the
452452 judge. The secretary of state [registrar] is not required to
453453 certify the residence of the same judge more than once in a calendar
454454 year, but must provide copies of the certification to subsequent
455455 requestors.
456456 SECTION 1.27. Section 15.053(c), Election Code, is amended
457457 to read as follows:
458458 (c) The registrar shall submit [act on] the response to the
459459 secretary of state for action in accordance with Section 13.072 and
460460 retain the response on file [with the voter's registration
461461 application].
462462 SECTION 1.28. Section 16.005, Election Code, is amended to
463463 read as follows:
464464 Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract
465465 received under this subchapter affects a registered voter of the
466466 county, the registrar shall retain a copy of the abstract on file
467467 [with the affected voter's registration application].
468468 SECTION 1.29. Section 16.031(a), Election Code, is amended
469469 to read as follows:
470470 (a) The registrar shall cancel a voter's registration
471471 immediately on receipt of:
472472 (1) notice under Section [13.072(b) or] 15.021 or a
473473 response under Section 15.053 that the voter's residence is outside
474474 the county;
475475 (2) an abstract of the voter's death certificate under
476476 Section 16.001(a) or an abstract of an application indicating that
477477 the voter is deceased under Section 16.001(b);
478478 (3) an abstract of a final judgment of the voter's
479479 total mental incapacity, partial mental incapacity without the
480480 right to vote, conviction of a felony, or disqualification under
481481 Section 16.002, 16.003, or 16.004;
482482 (4) notice under Section 112.012 that the voter has
483483 applied for a limited ballot in another county;
484484 (5) notice from a voter registration official in
485485 another state that the voter has registered to vote outside this
486486 state;
487487 (6) notice from the early voting clerk under Section
488488 101.053 that a federal postcard application submitted by an
489489 applicant states a voting residence address located outside the
490490 registrar's county; or
491491 (7) notice from the secretary of state that the voter
492492 has registered to vote in another county, as determined by the
493493 voter's driver's license number or personal identification card
494494 number issued by the Department of Public Safety or social security
495495 number.
496496 SECTION 1.30. Section 16.033(f), Election Code, is amended
497497 to read as follows:
498498 (f) The registrar shall retain a copy of the notice mailed
499499 to a voter under this section on file [with the voter's registration
500500 application]. If the voter's reply to the notice is in writing, the
501501 registrar shall also retain the reply on file [with the
502502 application]. If the reply is oral, the registrar shall prepare a
503503 memorandum of the reply, indicating the substance and date of the
504504 reply, and shall retain the memorandum on file [with the
505505 application].
506506 SECTION 1.31. Section 16.0331(c), Election Code, is amended
507507 to read as follows:
508508 (c) The registrar shall retain the request on file [with the
509509 voter's registration application].
510510 SECTION 1.32. Section 16.034, Election Code, is amended to
511511 read as follows:
512512 Sec. 16.034. RECORDING CANCELLATION. On cancellation of a
513513 voter's registration, the registrar shall notify the secretary of
514514 state of [enter] the date of and reason for the cancellation and the
515515 secretary of state shall record the information on the voter's
516516 registration application and duplicate registration certificate
517517 and make any other appropriate corrections in the registration
518518 records.
519519 SECTION 1.33. Section 16.037(c), Election Code, is amended
520520 to read as follows:
521521 (c) On reinstatement of a registration, the registrar shall
522522 notify the secretary of state of [enter] the date of and reason for
523523 the reinstatement and the secretary of state shall record the
524524 information on the voter's registration application and duplicate
525525 registration certificate, make any appropriate corrections in the
526526 registration records, and take any other action necessary to give
527527 effect to the reinstatement.
528528 SECTION 1.34. Section 31.040(b), Election Code, is amended
529529 to read as follows:
530530 (b) The commissioners court or the administrator may
531531 require any or all of the administrator's deputies[, other than
532532 unpaid volunteer deputy registrars,] to give a bond similar to that
533533 required of the administrator in an amount not exceeding the amount
534534 of the administrator's bond.
535535 SECTION 1.35. Section 31.161(b), Election Code, is amended
536536 to read as follows:
537537 (b) The joint elections commission or the joint elections
538538 administrator may require any or all of the administrator's
539539 deputies[, other than unpaid volunteer deputy registrars,] to give
540540 a bond similar to that required of the administrator in an amount
541541 not exceeding the amount of the administrator's bond.
542542 SECTION 1.36. To the extent of any conflict, this article
543543 prevails over another Act of the 87th Legislature, Regular Session,
544544 2021, relating to nonsubstantive additions to and corrections in
545545 enacted codes.
546546 ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
547547 SECTION 2.01. Section 18.006, Election Code, is amended to
548548 read as follows:
549549 Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.
550550 The registrar shall deliver the lists furnished under this
551551 subchapter, including the lists furnished under Section 18.007, to
552552 the appropriate authority as soon as practicable after the request
553553 but in every case in time for receipt before the beginning of early
554554 voting by mail for the election in which the lists are to be used.
555555 If those lists do not contain the names of all voters who will be
556556 eligible to vote as of the beginning of early voting by personal
557557 appearance, another set of the appropriate lists shall be delivered
558558 before the beginning of early voting by personal appearance. If
559559 those lists do not contain the names of all voters whose
560560 registrations will be effective on election day, another set of the
561561 appropriate lists shall be delivered as soon as practicable after
562562 the secretary of state [registrar] has processed the remaining
563563 applications.
564564 SECTION 2.02. Sections 18.043(a) and (c), Election Code,
565565 are amended to read as follows:
566566 (a) The [At the times prescribed by the] secretary of
567567 state[, the registrar] shall produce [deliver to the secretary] a
568568 statement containing the voter registration information determined
569569 [by the secretary] to be necessary to comply with reporting
570570 requirements prescribed under federal law.
571571 (c) The secretary of state [registrar] shall maintain the
572572 information required for the statements in accordance with
573573 procedures prescribed by this section [the secretary of state].
574574 SECTION 2.03. Section 18.061(c), Election Code, is amended
575575 to read as follows:
576576 (c) Under procedures prescribed by the secretary of state,
577577 the Department of Public Safety and each voter registrar shall
578578 provide to the secretary of state on an expedited basis the
579579 information necessary to maintain the registration list
580580 established under Subsection (a). The procedures shall provide for
581581 the electronic submission of the information and ensure that each
582582 voter registrar collects and reports the correct month, day, and
583583 year of birth for each registered voter.
584584 SECTION 2.04. Section 63.0011(e), Election Code, is amended
585585 to read as follows:
586586 (e) The voter registrar shall retain each statement of
587587 residence on file [with the voter's voter registration
588588 application].
589589 SECTION 2.05. Section 101.055(c), Election Code, is amended
590590 to read as follows:
591591 (c) Under procedures prescribed by the secretary of state,
592592 the secretary of state [The registrar] shall register the person at
593593 the address provided under Subsection (b) unless that address no
594594 longer is recognized as a residential address, in which event the
595595 secretary of state [registrar] shall assign the person to an
596596 address [under procedures prescribed by the secretary of state].
597597 SECTION 2.06. Section 112.012, Election Code, is amended to
598598 read as follows:
599599 Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
600600 REGISTRAR]. Not later than the 30th day after receipt of an
601601 application for a limited ballot, the early voting clerk shall
602602 notify the secretary of state [voter registrar for the voter's
603603 former county of residence] that the voter has applied for a limited
604604 ballot.
605605 ARTICLE 3. VOTER REGISTRATION AGENCIES
606606 SECTION 3.01. Section 20.008, Election Code, is amended to
607607 read as follows:
608608 Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
609609 REGISTRAR]. If a question arises concerning voter registration
610610 that an agency employee cannot answer, the employee shall provide
611611 the person[:
612612 [(1)] the toll-free telephone number of the Elections
613613 Division of the Office of the Secretary of State[; and
614614 [(2) the telephone number of the voter registrar to
615615 whom registration applications are submitted].
616616 SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election
617617 Code, are amended to read as follows:
618618 Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
619619 EMPLOYEE. The date of submission of a completed registration
620620 application to the agency employee is considered to be the date of
621621 submission to the secretary of state [voter registrar] for the
622622 purpose of determining the effective date of registration only.
623623 Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
624624 applicant may keep the registration application form or the
625625 completed application to submit the application personally to the
626626 secretary of state or to the voter registrar of the county in which
627627 the applicant resides.
628628 (b) The agency employee shall enter on the declination of
629629 registration form a notation that after being given the opportunity
630630 to register, the applicant kept the application or application form
631631 for personal submission of the application to the secretary of
632632 state [registrar].
633633 Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
634634 [REGISTRAR]. (a) The agency shall deliver to the secretary of
635635 state [voter registrar of the county in which the agency office is
636636 located] each completed registration application submitted to an
637637 agency employee.
638638 (b) An application shall be delivered to the secretary of
639639 state [registrar] not later than the fifth day after the date the
640640 application is submitted to the employee.
641641 SECTION 3.03. Section 20.037(c), Election Code, is amended
642642 to read as follows:
643643 (c) An application form delivered by mail must be
644644 accompanied by a notice informing the applicant that the
645645 application may be submitted in person or by mail to the secretary
646646 of state or to the voter registrar of the county in which the
647647 applicant resides [or in person to a volunteer deputy registrar for
648648 delivery to the voter registrar of the county in which the applicant
649649 resides].
650650 SECTION 3.04. Section 20.061, Election Code, is amended to
651651 read as follows:
652652 Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
653653 provisions of this chapter apply to the Department of Public Safety
654654 except provisions that conflict with this subchapter or Section
655655 13.009.
656656 SECTION 3.05. Section 20.062(b), Election Code, is amended
657657 to read as follows:
658658 (b) The department shall prescribe and use a change of
659659 address form and procedure that combines department and voter
660660 registration functions. The form must allow a licensee or
661661 cardholder to indicate that [whether] the change of address is not
662662 [also to be used] for voter registration purposes.
663663 SECTION 3.06. Section 20.063, Election Code, is amended to
664664 read as follows:
665665 Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
666666 of Public Safety shall consider an application made in person, by
667667 mail, or online at the department's Internet website [provide to
668668 each person who applies in person at the department's offices] for
669669 an original or renewal of a driver's license, a personal
670670 identification card, or a duplicate or corrected license or card by
671671 a person who is eligible to vote as provided by Section 13.001 an
672672 application for [opportunity to complete a] voter registration.
673673 The date of application is considered to be the date of submission
674674 to the secretary of state for the purpose of determining the
675675 effective date of registration [application form].
676676 (b) The Department of Public Safety shall consider a change
677677 of address that relates to [When the department processes] a
678678 license or card and that is submitted to [for renewal by mail,] the
679679 department [shall deliver to the applicant by mail a voter
680680 registration application form.
681681 [(c) A change of address that relates to a license or card
682682 and that is submitted to the department] in person, [or] by mail, or
683683 online at the department's Internet website [serves] as a change in
684684 [of address for] voter registration [unless the licensee or
685685 cardholder indicates that the change is not for voter registration
686686 purposes]. The date of submission of a change of address to a
687687 department employee is considered to be the date of submission to
688688 the secretary of state [voter registrar] for the purpose of
689689 determining the effective date of registration [only].
690690 (c) The registration of an eligible [(d) If a completed]
691691 voter as required by Subsections (a) and (b) is automatic unless the
692692 person indicates that the transaction is not for voter
693693 registration purposes [application submitted to a department
694694 employee does not include the applicant's correct driver's license
695695 number or personal identification card number, a department
696696 employee shall enter the appropriate information on the
697697 application. If a completed application does not include the
698698 applicant's correct residence address or mailing address, a
699699 department employee shall obtain the appropriate information from
700700 the applicant and enter the information on the application].
701701 SECTION 3.07. Section 20.065(b), Election Code, is amended
702702 to read as follows:
703703 (b) Each weekday the department is regularly open for
704704 business, the department shall electronically transfer to the
705705 secretary of state the name and information designated by the
706706 secretary of state for [of each person who completes a] voter
707707 registration for each individual who is eligible to vote as
708708 provided by Section 13.001 and applies in person, by mail, or online
709709 at the department's Internet website for an original or renewal of a
710710 driver's license, a personal identification card, or a duplicate or
711711 corrected license or card [application submitted to the
712712 department]. The secretary shall prescribe procedures necessary to
713713 implement this subsection.
714714 SECTION 3.08. Subchapter C, Chapter 20, Election Code, is
715715 amended by adding Sections 20.067 and 20.068 to read as follows:
716716 Sec. 20.067. AUTOMATIC REGISTRATION BEFORE TIME FOR RENEWAL
717717 OR CHANGE OF ADDRESS. (a) Except as provided by Subsection (b),
718718 not later than March 15 of each odd-numbered year, the Department of
719719 Public Safety shall submit a voter registration application to the
720720 secretary of state on behalf of a current holder of a driver's
721721 license or personal identification card who is eligible to vote as
722722 provided by Section 13.001 but who did not register to vote at the
723723 time the person submitted an application form for a license or card
724724 and who submitted an application form for a license or card on or
725725 after January 1, 2019.
726726 (b) Not later than January 1 of each odd-numbered year, the
727727 department must notify each person described by Subsection (a) that
728728 the department will submit the person's voter registration
729729 application to the secretary of state. The notice must include a
730730 declination of registration form prepared so that it may be mailed
731731 free of United States postage and indicate that the form must be
732732 received by the department on or before March 1 of the year in which
733733 the notice is delivered or the department will submit the person's
734734 application for voter registration to the secretary of state.
735735 Sec. 20.068. PUBLIC ANNOUNCEMENT. The Department of Public
736736 Safety and the secretary of state shall develop printed materials
737737 and a public service announcement to inform the public about
738738 automatic voter registration.
739739 SECTION 3.09. Section 20.122(c), Election Code, is amended
740740 to read as follows:
741741 (c) The application forms must be accompanied by a notice
742742 informing the licensees that the applications may be submitted in
743743 person or by mail to the secretary of state or to the voter
744744 registrar of the county in which they reside [or in person to a
745745 volunteer deputy registrar for delivery to the voter registrar of
746746 the county in which they reside].
747747 ARTICLE 4. PERSONAL IDENTIFICATION CERTIFICATES
748748 SECTION 4.01. Section 521.422(a), Transportation Code, is
749749 amended to read as follows:
750750 (a) The fee for a personal identification certificate is:
751751 (1) waived for an individual eligible to register to
752752 vote under Section 13.001, Election Code;
753753 (2) $15 for a person under 60 years of age;
754754 (3) [(2)] $5 for a person 60 years of age or older; and
755755 (4) [(3)] $20 for a person subject to the registration
756756 requirements under Chapter 62, Code of Criminal Procedure.
757757 ARTICLE 5. REPEALER; EFFECTIVE DATE
758758 SECTION 5.01. The following provisions of the Election Code
759759 are repealed:
760760 (1) Section 12.002;
761761 (2) Section 12.005;
762762 (3) Section 12.006;
763763 (4) Subchapter B, Chapter 13;
764764 (5) Section 13.072(d);
765765 (6) Section 13.121(c);
766766 (7) Section 20.064; and
767767 (8) Sections 20.065(a) and (c).
768768 SECTION 5.02. This Act takes effect September 1, 2021.