Texas 2021 - 87th Regular

Texas House Bill HB4498 Compare Versions

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

Old	New	Differences
1	1	By: Cain H.B. No. 4498
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to compliance with the National Voter Registration Act.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 13, Election Code, is
9	9	amended by adding Section 13.009 to read as follows:
10	10	Sec. 13.009. VOTER REGISTRATION IN A SIMULTANEOUS
11	11	TRANSACTION FOR DRIVER'S LICENSE RENEWALS BY PERSONS ELIGIBLE. (a)
12	12	The secretary of state and the Department of Public Safety shall
13	13	jointly implement a program to allow a person who is a citizen of
14	14	the United States and has an unexpired driver's license issued in
15	15	this state to complete a voter registration application
16	16	simultaneously with the person's application for an original,
17	17	renewal, or duplicate driver's license and from the official
18	18	Internet website of this state. The Internet websites of the
19	19	secretary of state and the Department of Public Safety must also
20	20	provide a link to the location of the application on the official
21	21	Internet website of this state.
22	22	(b) An applicant for electronic voter registration must:
23	23	(1) attest to the truth of the information provided on
24	24	the application by affirmatively accepting the information as true;
25	25	(2) affirmatively consent to the use of the signature
26	26	on the applicant's driver's license or personal identification card
27	27	for voter registration purposes;
28	28	(3) provide the information required under Section
29	29	13.002(c); and
30	30	(4) provide the audit number and date of issuance of
31	31	the applicant's Texas driver's license issued by the Department of
32	32	Public Safety.
33	33	(c) For each application the program shall:
34	34	(1) require that a digital copy of the applicant's
35	35	signature be obtained from the Department of Public Safety; and
36	36	(2) compare the information provided by the applicant
37	37	against Department of Public Safety records.
38	38	(d) If the information submitted by an applicant does not
39	39	match Department of Public Safety records, the program shall:
40	40	(1) notify the applicant that the application is
41	41	incomplete; and
42	42	(2) advise the applicant to correct and resubmit the
43	43	application.
44	44	(e) If the information submitted by an applicant matches
45	45	Department of Public Safety records, the program shall forward the
46	46	application to the registrar of the county in which the applicant
47	47	states that the applicant resides and to the secretary of state.
48	48	(f) An application electronically submitted under this
49	49	section is considered for all purposes as an application submitted
50	50	by mail under this title.
51	51	(g) The secretary of state shall adopt rules as necessary to
52	52	implement this section, including rules to provide for additional
53	53	security measures necessary to ensure the accuracy and integrity of
54	54	applications submitted electronically.
55	55	(h) The rules adopted under Subsection (g) must require
56	56	that:
57	57	(1) the Internet website through which a person may
58	58	complete a voter registration application include a description of
59	59	the offense described by Section 13.007 in a conspicuous location
60	60	on the website near the place where the person begins or submits the
61	61	application; and
62	62	(2) the state electronic Internet portal project be
63	63	used to authenticate the identity of a person who submits an
64	64	application electronically under this section.
65	65	SECTION 2. Section 13.071, Election Code, is amended by
66	66	adding Subsections (a-1) and (c) and amending Subsection (b) to
67	67	read as follows:
68	68	(a-1) The registrar shall send each submitted application
69	69	determined eligible for registration to the secretary of state for
70	70	verification.
71	71	SECTION 3. Sections 13.143(a) and (d-2), Election Code, are
72	72	amended to read as follows:
73	73	(a) Except as provided by Subsection [Subsections] (b) [and
74	74	(e)], if an applicant's registration application is approved, the
75	75	registration becomes effective on the 30th day after the date the
76	76	application is approved [submitted to the registrar] or on the date
77	77	the applicant becomes 18 years of age, whichever is later.
78	78	(d-2) For a registration application not submitted by
79	79	personal delivery or mail [telephonic facsimile machine] to be
80	80	effective, a copy of the original registration application
81	81	containing the voter's original signature must be submitted by
82	82	personal delivery or mail and be received by the registrar not later
83	83	than the fourth business day after the submission [transmission by
84	84	telephonic facsimile machine] is received.
85	85	(b) If the application is submitted to the Department of
86	86	Public Safety in conjunction with an application for an original,
87	87	renewal, or duplicate driver's license the application shall be
88	88	approved, rejected, or challenged under this subchapter [The
89	89	registrar shall make the determination] not later than the seventh
90	90	day after the date it was [the application is] submitted to the
91	91	registrar.
92	92	(c) If the application is submitted in a manner other than
93	93	the manner described by Subsection (b), the registrar shall forward
94	94	the information relating to the applicant to the secretary of state
95	95	for determining correct information necessary to prevent duplicate
96	96	voter registrations and assess the eligibility of the applicant as
97	97	provided by Section 13.0721. The registrar shall not accept an
98	98	application under this subsection until the secretary of state has
99	99	notified the registrar the applicant meets the requirements of
100	100	Section 13.001. The secretary of state shall adopt rules and
101	101	prescribe procedures to implement this subsection.
102	102	SECTION 4. Section 13.072, Election Code, is amended to
103	103	read as follows:
104	104	Sec. 13.072. ACTION ON APPLICATION. (a) Unless the
105	105	registrar challenges the applicant, the registrar shall approve the
106	106	application if:
107	107	(1) the registrar determines that an application
108	108	complies with Section 13.002 and indicates that the applicant is
109	109	eligible for registration under Section 13.001; and
110	110	(2) for an applicant who has not included a statement
111	111	described by Section 13.002(c)(8)(C), the registrar verifies with
112	112	the secretary of state:
113	113	(A) the applicant's Texas driver's license number
114	114	or number of a personal identification card issued by the
115	115	Department of Public Safety; or
116	116	(B) the last four digits of the applicant's
117	117	social security number.
118	118	(3) for an applicant who has included a statement
119	119	described by Section 13.002(c)(8)(C), the registrar has forwarded
120	120	the application to the secretary of state and the secretary of state
121	121	has verified the identity of the applicant. The secretary of state
122	122	shall adopt rules and prescribe procedures to implement this
123	123	subsection.
124	124	(b) After approval of an application by an applicant who was
125	125	registered in another county at the time of application, the
126	126	registrar shall deliver written notice of the applicant's change of
127	127	residence to the other county's registrar and include in the notice
128	128	the applicant's name, former residence address, and former
129	129	registration number, if known.
130	130	(c) Except as provided by Subsection (d), if the registrar
131	131	determines that an application does not comply with Section 13.002
132	132	or does not indicate that the applicant is eligible for
133	133	registration under Section 13.001, the registrar shall reject the
134	134	application.
135	135	(d) If an application clearly indicates that the applicant
136	136	resides in another county, the registrar shall forward the
137	137	application to the other county's registrar not later than the
138	138	second day after the date the application is received [and, if the
139	139	other county is not contiguous, shall deliver written notice of
140	140	that action to the applicant not later than the seventh day after
141	141	the date the application is received]. The date of submission of a
142	142	completed application to the wrong registrar is considered to be
143	143	the date of submission to the proper registrar for purposes of
144	144	determining the effective date of the registration.
145	145	SECTION 5. Section 18.062, Election Code, is amended by
146	146	adding Subsection (c) to read as follows:
147	147	(c) To the extent practicable, a system developed under this
148	148	section shall allow real-time verification of identity,
149	149	eligibility and residency.
150	150	SECTION 6. Section 20.062, Election Code, is amended by
151	151	amending Subsection (a) and adding Subsection (d) to read as
152	152	follows:
153	153	(a) The Department of Public Safety shall prescribe and use
154	154	a form and procedure that combines the department's application
155	155	form for a license or card with an officially prescribed voter
156	156	registration application form for each United States citizen who
157	157	applies in person at the department's offices or using the
158	158	procedure provided in Section 13.009.
159	159	(d) A procedure prescribed under this section must provide
160	160	for the electronic transmission of an applicant's voter
161	161	registration data by the department to the secretary of state in
162	162	accordance with Section 20.066.
163	163	SECTION 7. Sections 20.063, Election Code, is amended to
164	164	read as follows:
165	165	(a) The Department of Public Safety shall provide to each
166	166	United States Citizenperson who applies in person or using the
167	167	procedure provided in Section 13.009 [at the department's offices]
168	168	for an original or renewal of a driver's license, a personal
169	169	identification card, or a duplicate or corrected license or card an
170	170	opportunity to complete a voter registration application in a
171	171	simultaneous transaction [form].
172	172	(b) The department shall prescribe and use a change of
173	173	address form and procedure that combines department and voter
174	174	registration functions. The form must allow a licensee or
175	175	cardholder to indicate that [whether] the change of address is not
176	176	[also to be used] for voter registration purposes.
177	177	(c) A change of address that relates to a license or card and
178	178	that is submitted to the department in person, [or] by mail, or
179	179	using the procedure provided in Section 13.009 serves as a change of
180	180	address for voter registration unless the licensee or cardholder
181	181	indicates that the change is not for voter registration purposes.
182	182	The date of submission of a change of address to a department
183	183	employee is considered to be the date of submission to the voter
184	184	registrar for the purpose of determining the effective date of
185	185	registration [only].
186	186	SECTION 8. Section 20.065(b), Election Code, is amended to
187	187	read as follows:
188	188	(b) Each weekday the department is regularly open for
189	189	business, the department shall electronically transfer to the
190	190	secretary of state the name and information designated by the
191	191	secretary of state for [of each person who completes a] voter
192	192	registration for each individual who is eligible to vote as
193	193	provided by Section 13.001 and applies in person, by mail, or using
194	194	the procedure provided in Section 13.009 for an original or renewal
195	195	of a driver's license, [application submitted to the department].
196	196	The secretary shall prescribe procedures necessary to implement
197	197	this subsection.
198	198	SECTION 9. Sections 13.143(d) and (e), Election Code, are
199	199	repealed.
200	200	SECTION 10. The changes in law made by this Act apply only
201	201	to an application to register to vote submitted on or after the
202	202	effective date of this Act.
203	203	SECTION 11. This Act takes effect September 1, 2021.