Texas 2021 - 87th Regular

Texas House Bill HB3974 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5109 MLH-D
2		-	By: Paul~~, et al.~~ H.B. No. 3974
	2	+	By: Paul H.B. No. 3974
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the residence address of a voter for purposes of a
8	8		response to a confirmation notice sent by the voter registrar.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Section 1.015, Election Code, is amended by
11	11		amending Subsection (b) and adding Subsection (f) to read as
12	12		follows:
13	13		(b) A person may not establish residence for the purpose of
14	14		influencing the outcome of a certain election [Residence shall be
15	15		determined in accordance with the common-law rules, as enunciated
16	16		by the courts of this state, except as otherwise provided by this
17	17		code].
18	18		(f) A person may not establish a residence at any place the
19	19		person has not inhabited. A person may not designate a previous
20	20		residence as a home and fixed place of habitation unless the person
21	21		inhabits the place at the time of designation and intends to remain.
22	22		SECTION 2. Section 15.052(b), Election Code, is amended to
23	23		read as follows:
24	24		(b) The official confirmation notice response form must:
25	25		(1) provide spaces for the voter to include all of the
26	26		information that a person must include in an application to
27	27		register to vote under Section 13.002; [and]
28	28		(2) describe the requirements of Section 15.054,
29	29		provide a space for the voter to indicate if the voter is exempt
30	30		from those requirements, and provide a space to indicate the reason
31	31		for an exemption, if any;
32	32		(3) provide the definition of residence under Section
33	33		1.015; and
34	34		(4) be postage prepaid and preaddressed for delivery
35	35		to the registrar.
36	36		SECTION 3. Section 15.053(a), Election Code, is amended to
37	37		read as follows:
38	38		(a) Not later than the 30th day after the date a
39	39		confirmation notice is mailed, the voter shall submit to the
40	40		registrar a written, signed response to the notice that confirms
41	41		the voter's current residence. The response must contain:
42	42		(1) all of the information that a person must include
43	43		in an application to register to vote under Section 13.002;
44	44		(2) a sworn affirmation of the voter's current
45	45		residence as defined by Section 1.015; and
46	46		(3) evidence of the voter's residence address as
47	47		required by Section 15.054 or an indication that the voter is exempt
48	48		from those requirements.
49	49		SECTION 4. Subchapter C, Chapter 15, Election Code, is
50	50		amended by adding Section 15.054 to read as follows:
51	51		Sec. 15.054. DOCUMENTATION OF RESIDENCE FOR PURPOSES OF
52	52		CONFIRMATION NOTICE RESPONSE. (a) For purposes of Section 15.053,
53	53		a voter's residence may be documented by providing a photocopy of
54	54		the first document, beginning with Subdivision (1) and continuing
55	55		through Subdivision (6), in the following list that corresponds to
56	56		the voter's residence under Section 1.015:
57	57		(1) a driver's license issued to the voter by the
58	58		Department of Public Safety that has not expired or, if the voter
59	59		has notified the department of a change of address under Section
60	60		521.054, Transportation Code, an affidavit from the voter stating
61	61		the new address contained in the notification;
62	62		(2) a personal identification card issued to the voter
63	63		by the Department of Public Safety that has not expired or, if the
64	64		voter has notified the department of a change of address under
65	65		Section 521.054, Transportation Code, an affidavit from the voter
66	66		stating the new address contained in the notification;
67	67		(3) a license to carry a concealed handgun issued to
68	68		the voter by the Department of Public Safety that has not expired
69	69		or, if the voter has notified the department of a change of address
70	70		under Section 411.181, Government Code, an affidavit from the voter
71	71		stating the new address contained in the notification;
72	72		(4) an appraisal district document showing the address
73	73		the voter claims as a homestead in this state;
74	74		(5) a utility bill addressed to the voter's residence
75	75		address; or
76	76		(6) an official tax document or Texas Department of
77	77		Motor Vehicles document showing the registration address of a
78	78		vehicle the voter owns.
79	79		(b) A voter whose residence in this state has no address may
80	80		document residence under this section by executing an affidavit
81	81		stating that the voter's residence in this state has no address,
82	82		providing a concise description of the location of the voter's
83	83		residence, and delivering the affidavit to the registrar with the
84	84		voter's response to the confirmation notice.
85	85		(c) The address described by Subsection (a)(4) may not be a
86	86		commercial post office box or similar location that does not
87	87		correspond to a residence.
88	88		(d) This section does not apply to:
89	89		(1) a voter who is a member of the armed forces of the
90	90		United States or the spouse or a dependent of a member;
91	91		(2) a voter enrolled as a full-time student who lives
92	92		on campus at an institution of higher education;
93	93		(3) a voter whose address is confidential under
94	94		Subchapter C, Chapter 56, Code of Criminal Procedure;
95	95		(4) a federal judge, state judge, or spouse of a
96	96		federal or state judge whose driver's license includes the street
97	97		address of a courthouse under Section 521.121, Transportation Code;
98	98		or
99	99		(5) a peace officer whose driver's license omits the
100	100		officer's actual residence address under Section 521.1211,
101	101		Transportation Code.
102	102		(e) Subsection (a)(1) does not apply to a voter who holds a
103	103		commercial driver's license under Subchapter C, Chapter 522,
104	104		Transportation Code.
105	105		(f) Notwithstanding the other provisions of this section, a
106	106		voter enrolled as a full-time student who lives on campus at an
107	107		institution of higher education may use the address of a post office
108	108		box located on the campus of the institution or in a dormitory owned
109	109		or operated by the institution to confirm the voter's residence.
110	110		(g) The secretary of state shall adopt rules as necessary to
111	111		implement this section.
112	112		SECTION 5. This Act takes effect September 1, 2021.