By: Cain H.B. No. 4498
A BILL TO BE ENTITLED
AN ACT
relating to compliance with the National Voter Registration Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. VOTER REGISTRATION IN A SIMULTANEOUS
TRANSACTION FOR DRIVER'S LICENSE RENEWALS BY PERSONS ELIGIBLE. (a)
The secretary of state and the Department of Public Safety shall
jointly implement a program to allow a person who is a citizen of
the United States and has an unexpired driver's license issued in
this state to complete a voter registration application
simultaneously with the person's application for an original,
renewal, or duplicate driver's license and from the official
Internet website of this state. The Internet websites of the
secretary of state and the Department of Public Safety must also
provide a link to the location of the application on the official
Internet website of this state.
(b) An applicant for electronic voter registration must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
(2) affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes;
(3) provide the information required under Section
13.002(c); and
(4) provide the audit number and date of issuance of
the applicant's Texas driver's license issued by the Department of
Public Safety.
(c) For each application the program shall:
(1) require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety; and
(2) compare the information provided by the applicant
against Department of Public Safety records.
(d) If the information submitted by an applicant does not
match Department of Public Safety records, the program shall:
(1) notify the applicant that the application is
incomplete; and
(2) advise the applicant to correct and resubmit the
application.
(e) If the information submitted by an applicant matches
Department of Public Safety records, the program shall forward the
application to the registrar of the county in which the applicant
states that the applicant resides and to the secretary of state.
(f) An application electronically submitted under this
section is considered for all purposes as an application submitted
by mail under this title.
(g) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(h) The rules adopted under Subsection (g) must require
that:
(1) the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the website near the place where the person begins or submits the
application; and
(2) the state electronic Internet portal project be
used to authenticate the identity of a person who submits an
application electronically under this section.
SECTION 2. Section 13.071, Election Code, is amended by
adding Subsections (a-1) and (c) and amending Subsection (b) to
read as follows:
(a-1) The registrar shall send each submitted application
determined eligible for registration to the secretary of state for
verification.
SECTION 3. Sections 13.143(a) and (d-2), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection [Subsections] (b) [and
(e)], if an applicant's registration application is approved, the
registration becomes effective on the 30th day after the date the
application is approved [submitted to the registrar] or on the date
the applicant becomes 18 years of age, whichever is later.
(d-2) For a registration application not submitted by
personal delivery or mail [telephonic facsimile machine] to be
effective, a copy of the original registration application
containing the voter's original signature must be submitted by
personal delivery or mail and be received by the registrar not later
than the fourth business day after the submission [transmission by
telephonic facsimile machine] is received.
(b) If the application is submitted to the Department of
Public Safety in conjunction with an application for an original,
renewal, or duplicate driver's license the application shall be
approved, rejected, or challenged under this subchapter [The
registrar shall make the determination] not later than the seventh
day after the date it was [the application is] submitted to the
registrar.
(c) If the application is submitted in a manner other than
the manner described by Subsection (b), the registrar shall forward
the information relating to the applicant to the secretary of state
for determining correct information necessary to prevent duplicate
voter registrations and assess the eligibility of the applicant as
provided by Section 13.0721. The registrar shall not accept an
application under this subsection until the secretary of state has
notified the registrar the applicant meets the requirements of
Section 13.001. The secretary of state shall adopt rules and
prescribe procedures to implement this subsection.
SECTION 4. Section 13.072, Election Code, is amended to
read as follows:
Sec. 13.072. ACTION ON APPLICATION. (a) Unless the
registrar challenges the applicant, the registrar shall approve the
application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration under Section 13.001; and
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; or
(B) the last four digits of the applicant's
social security number.
(3) for an applicant who has included a statement
described by Section 13.002(c)(8)(C), the registrar has forwarded
the application to the secretary of state and the secretary of state
has verified the identity of the applicant. The secretary of state
shall adopt rules and prescribe procedures to implement this
subsection.
(b) After approval of an application by an applicant who was
registered in another county at the time of application, the
registrar shall deliver written notice of the applicant's change of
residence to the other county's registrar and include in the notice
the applicant's name, former residence address, and former
registration number, if known.
(c) Except as provided by Subsection (d), if the registrar
determines that an application does not comply with Section 13.002
or does not indicate that the applicant is eligible for
registration under Section 13.001, the registrar shall reject the
application.
(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received [and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received]. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
SECTION 5. Section 18.062, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) To the extent practicable, a system developed under this
section shall allow real-time verification of identity,
eligibility and residency.
SECTION 6. Section 20.062, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) The Department of Public Safety shall prescribe and use
a form and procedure that combines the department's application
form for a license or card with an officially prescribed voter
registration application form for each United States citizen who
applies in person at the department's offices or using the
procedure provided in Section 13.009.
(d) A procedure prescribed under this section must provide
for the electronic transmission of an applicant's voter
registration data by the department to the secretary of state in
accordance with Section 20.066.
SECTION 7. Sections 20.063, Election Code, is amended to
read as follows:
(a) The Department of Public Safety shall provide to each
United States Citizenperson who applies in person or using the
procedure provided in Section 13.009 [at the department's offices]
for an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card an
opportunity to complete a voter registration application in a
simultaneous transaction [form].
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
(c) A change of address that relates to a license or card and
that is submitted to the department in person, [or] by mail, or
using the procedure provided in Section 13.009 serves as a change of
address for voter registration unless the licensee or cardholder
indicates that the change is not for voter registration purposes.
The date of submission of a change of address to a department
employee is considered to be the date of submission to the voter
registrar for the purpose of determining the effective date of
registration [only].
SECTION 8. Section 20.065(b), Election Code, is amended to
read as follows:
(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or using
the procedure provided in Section 13.009 for an original or renewal
of a driver's license, [application submitted to the department].
The secretary shall prescribe procedures necessary to implement
this subsection.
SECTION 9. Sections 13.143(d) and (e), Election Code, are
repealed.
SECTION 10. The changes in law made by this Act apply only
to an application to register to vote submitted on or after the
effective date of this Act.
SECTION 11. This Act takes effect September 1, 2021.