H.B. No. 3920
AN ACT
relating to an application to vote early by mail on the grounds of
disability or confinement for childbirth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 82.002, Election Code, is
amended to read as follows:
Sec. 82.002. DISABILITY OR CONFINEMENT FOR CHILDBIRTH.
SECTION 2. Section 82.002, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsection (c) to read
as follows:
(a) A qualified voter is eligible for early voting by mail
if the voter:
(1) has a sickness or physical condition that prevents
the voter from appearing at the polling place on election day
without a likelihood of needing personal assistance or of injuring
the voter's health; or
(2) is expecting to give birth within three weeks
before or after election day.
(b) The following do not constitute [Expected or likely
confinement for childbirth on election day is] sufficient cause to
entitle a voter to vote under Subsection (a):
(1) a lack of transportation;
(2) a sickness that does not prevent the voter from
appearing at the polling place on election day without a likelihood
of needing personal assistance or of injuring the voter's health;
or
(3) a requirement to appear at the voter's place of
employment on election day.
(c) To be eligible for an early voting ballot by mail under
Subsection (a)(1), an applicant must affirmatively indicate that he
or she agrees with the statement prescribed by Section 84.002(c).
SECTION 3. Section 84.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) An application for a ballot to be voted by mail on the
ground of disability must require the applicant to affirmatively
indicate that the applicant agrees with the statement, "I have a
sickness or physical condition that prevents me from appearing at
the polling place on election day without a likelihood of needing
personal assistance or injuring my health," as prescribed by
Section 82.002(a).
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3920 was passed by the House on May
14, 2021, by the following vote: Yeas 99, Nays 44, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3920 was passed by the Senate on May
25, 2021, by the following vote: Yeas 18, Nays 13.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor