Texas 2021 - 87th Regular

Texas House Bill HB335 Compare Versions

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

Old	New	Differences
1	1	87R491 ADM-D
2	2	By: Cain H.B. No. 335
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cancellation of a person's voter registration on
8	8	notice that the person has acknowledged that the person is not a
9	9	citizen; providing a civil penalty; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 16.031(a), Election Code, is amended to
12	12	read as follows:
13	13	(a) The registrar shall cancel a voter's registration
14	14	immediately on receipt of:
15	15	(1) notice under Section 13.072(b) or 15.021 or a
16	16	response under Section 15.053 that the voter's residence is outside
17	17	the county;
18	18	(2) an abstract of the voter's death certificate under
19	19	Section 16.001(a) or an abstract of an application indicating that
20	20	the voter is deceased under Section 16.001(b);
21	21	(3) an abstract of a final judgment of the voter's
22	22	total mental incapacity, partial mental incapacity without the
23	23	right to vote, conviction of a felony, or disqualification under
24	24	Section 16.002, 16.003, or 16.004;
25	25	(4) notice under Section 112.012 that the voter has
26	26	applied for a limited ballot in another county;
27	27	(5) notice from a voter registration official in
28	28	another state that the voter has registered to vote outside this
29	29	state;
30	30	(6) notice from the early voting clerk under Section
31	31	101.053 that a federal postcard application submitted by an
32	32	applicant states a voting residence address located outside the
33	33	registrar's county; [or]
34	34	(7) notice from the secretary of state that the voter
35	35	has registered to vote in another county, as determined by the
36	36	voter's driver's license number or personal identification card
37	37	number issued by the Department of Public Safety or social security
38	38	number; or
39	39	(8) a list under Section 18.068 of this code or Section
40	40	62.113, Government Code, of persons excused or disqualified from
41	41	jury service because of citizenship status that includes the voter,
42	42	or other notice from any governmental agency that the voter has
43	43	acknowledged that the voter is not a citizen of the United States.
44	44	SECTION 2. Section 16.036(a), Election Code, is amended to
45	45	read as follows:
46	46	(a) Immediately after, but not later than the 30th day after
47	47	the date a voter's registration is canceled under Section
48	48	16.031(a)(3) or (8), 16.033, or 16.0331, [or 16.0332,] the
49	49	registrar shall deliver written notice of the cancellation to the
50	50	voter.
51	51	SECTION 3. Chapter 16, Election Code, is amended by adding
52	52	Subchapter B-1 to read as follows:
53	53	SUBCHAPTER B-1. VOTER REGISTRAR WHO FAILS TO CANCEL REGISTRATION
54	54	OF NONCITIZEN
55	55	Sec. 16.051. CIVIL PENALTY. (a) A voter registrar who
56	56	intentionally violates Section 16.031(a)(8) is subject to a civil
57	57	penalty in an amount:
58	58	(1) not less than $1,000 and not more than $1,500 for
59	59	the first violation; and
60	60	(2) not less than $25,000 and not more than $25,500 for
61	61	each subsequent violation.
62	62	(b) Sovereign immunity of this state and governmental
63	63	immunity of a county and municipality to suit is waived and
64	64	abolished to the extent of liability created by this section.
65	65	Sec. 16.052. REMOVAL OF REGISTRAR. (a) For purposes of
66	66	Section 66.001, Civil Practice and Remedies Code, a voter registrar
67	67	holding a public office does an act that causes the forfeiture of
68	68	the person's office if the person violates Section 16.031(a)(8).
69	69	The attorney general shall file a petition under Section 66.002,
70	70	Civil Practice and Remedies Code, against the registrar if
71	71	presented with evidence, including evidence of a statement by the
72	72	registrar, establishing probable grounds that the registrar
73	73	engaged in conduct described by this subsection. The court in which
74	74	the petition is filed shall give precedence to proceedings relating
75	75	to the petition in the same manner as provided for the priority of
76	76	an election contest under Section 23.101, Government Code. If the
77	77	registrar is found guilty as charged, the court shall enter
78	78	judgment removing the registrar from office.
79	79	(b) The employment of a county elections administrator who
80	80	violates Section 16.031(a)(8) shall be terminated.
81	81	Sec. 16.053. CRIMINAL PENALTY. (a) A voter registrar
82	82	commits an offense if the registrar knowingly fails to comply with
83	83	Section 16.031(a)(8).
84	84	(b) An offense under this section is a Class A misdemeanor.
85	85	(c) It is an exception to the application of this section
86	86	that the person whose voter registration was required to be
87	87	canceled under Section 16.031(a)(8) had provided proof to the voter
88	88	registrar that the person is a citizen of the United States.
89	89	SECTION 4. Section 18.068(a), Election Code, is amended to
90	90	read as follows:
91	91	(a) The secretary of state shall quarterly compare the
92	92	information received under Section 16.001 of this code and Section
93	93	62.113, Government Code, to the statewide computerized voter
94	94	registration list. If the secretary determines that a voter on the
95	95	registration list is deceased or has been excused or disqualified
96	96	from jury service because the voter is not a citizen, the secretary
97	97	shall send notice of the determination to:
98	98	(1) the voter registrar of the counties considered
99	99	appropriate by the secretary; and
100	100	(2) the attorney general, who shall quarterly review
101	101	the information to investigate whether a person has committed an
102	102	offense under Section 13.007 or other law.
103	103	SECTION 5. Section 19.001(a), Election Code, is amended to
104	104	read as follows:
105	105	(a) Before May 15 of each year, the registrar shall prepare
106	106	and submit to the secretary of state a statement containing:
107	107	(1) the total number of initial registrations for the
108	108	previous voting year;
109	109	(2) the total number of registrations canceled under
110	110	Sections 16.031(a)(1) and (8) and Section[,] 16.033[, and 16.0332]
111	111	for the previous voting year; and
112	112	(3) the total number of registrations for which
113	113	information was updated for the previous voting year.
114	114	SECTION 6. Sections 62.113(b) and (c), Government Code, are
115	115	amended to read as follows:
116	116	(b) On the third business day of each month, the clerk shall
117	117	send a copy of the list of persons excused or disqualified because
118	118	of citizenship in the previous month to:
119	119	(1) the voter registrar of the county;
120	120	(2) the county official responsible for administering
121	121	elections;
122	122	(3) the secretary of state; and
123	123	(4) [(3)] the county or district attorney, as
124	124	applicable, or attorney general for an investigation of whether the
125	125	person committed an offense under Section 13.007 or 64.012,
126	126	Election Code, or other law.
127	127	(c) A list compiled under this section may not be used for a
128	128	purpose other than a purpose described by Subsection (b) or Section
129	129	16.031(a)(8) [16.0332] or 18.068, Election Code.
130	130	SECTION 7. Section 16.0332, Election Code, is repealed.
131	131	SECTION 8. This Act takes effect September 1, 2021.