87R5109 MLH-D
By: Paul, et al. H.B. No. 3974
A BILL TO BE ENTITLED
AN ACT
relating to the residence address of a voter for purposes of a
response to a confirmation notice sent by the voter registrar.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.015, Election Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) A person may not establish residence for the purpose of
influencing the outcome of a certain election [Residence shall be
determined in accordance with the common-law rules, as enunciated
by the courts of this state, except as otherwise provided by this
code].
(f) A person may not establish a residence at any place the
person has not inhabited. A person may not designate a previous
residence as a home and fixed place of habitation unless the person
inhabits the place at the time of designation and intends to remain.
SECTION 2. Section 15.052(b), Election Code, is amended to
read as follows:
(b) The official confirmation notice response form must:
(1) provide spaces for the voter to include all of the
information that a person must include in an application to
register to vote under Section 13.002; [and]
(2) describe the requirements of Section 15.054,
provide a space for the voter to indicate if the voter is exempt
from those requirements, and provide a space to indicate the reason
for an exemption, if any;
(3) provide the definition of residence under Section
1.015; and
(4) be postage prepaid and preaddressed for delivery
to the registrar.
SECTION 3. Section 15.053(a), Election Code, is amended to
read as follows:
(a) Not later than the 30th day after the date a
confirmation notice is mailed, the voter shall submit to the
registrar a written, signed response to the notice that confirms
the voter's current residence. The response must contain:
(1) all of the information that a person must include
in an application to register to vote under Section 13.002;
(2) a sworn affirmation of the voter's current
residence as defined by Section 1.015; and
(3) evidence of the voter's residence address as
required by Section 15.054 or an indication that the voter is exempt
from those requirements.
SECTION 4. Subchapter C, Chapter 15, Election Code, is
amended by adding Section 15.054 to read as follows:
Sec. 15.054. DOCUMENTATION OF RESIDENCE FOR PURPOSES OF
CONFIRMATION NOTICE RESPONSE. (a) For purposes of Section 15.053,
a voter's residence may be documented by providing a photocopy of
the first document, beginning with Subdivision (1) and continuing
through Subdivision (6), in the following list that corresponds to
the voter's residence under Section 1.015:
(1) a driver's license issued to the voter by the
Department of Public Safety that has not expired or, if the voter
has notified the department of a change of address under Section
521.054, Transportation Code, an affidavit from the voter stating
the new address contained in the notification;
(2) a personal identification card issued to the voter
by the Department of Public Safety that has not expired or, if the
voter has notified the department of a change of address under
Section 521.054, Transportation Code, an affidavit from the voter
stating the new address contained in the notification;
(3) a license to carry a concealed handgun issued to
the voter by the Department of Public Safety that has not expired
or, if the voter has notified the department of a change of address
under Section 411.181, Government Code, an affidavit from the voter
stating the new address contained in the notification;
(4) an appraisal district document showing the address
the voter claims as a homestead in this state;
(5) a utility bill addressed to the voter's residence
address; or
(6) an official tax document or Texas Department of
Motor Vehicles document showing the registration address of a
vehicle the voter owns.
(b) A voter whose residence in this state has no address may
document residence under this section by executing an affidavit
stating that the voter's residence in this state has no address,
providing a concise description of the location of the voter's
residence, and delivering the affidavit to the registrar with the
voter's response to the confirmation notice.
(c) The address described by Subsection (a)(4) may not be a
commercial post office box or similar location that does not
correspond to a residence.
(d) This section does not apply to:
(1) a voter who is a member of the armed forces of the
United States or the spouse or a dependent of a member;
(2) a voter enrolled as a full-time student who lives
on campus at an institution of higher education;
(3) a voter whose address is confidential under
Subchapter C, Chapter 56, Code of Criminal Procedure;
(4) a federal judge, state judge, or spouse of a
federal or state judge whose driver's license includes the street
address of a courthouse under Section 521.121, Transportation Code;
or
(5) a peace officer whose driver's license omits the
officer's actual residence address under Section 521.1211,
Transportation Code.
(e) Subsection (a)(1) does not apply to a voter who holds a
commercial driver's license under Subchapter C, Chapter 522,
Transportation Code.
(f) Notwithstanding the other provisions of this section, a
voter enrolled as a full-time student who lives on campus at an
institution of higher education may use the address of a post office
box located on the campus of the institution or in a dormitory owned
or operated by the institution to confirm the voter's residence.
(g) The secretary of state shall adopt rules as necessary to
implement this section.
SECTION 5. This Act takes effect September 1, 2021.