| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to federal election practices and procedures. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Section 31.007, Election Code, is amended to |
|---|
| 9 | 9 | | read as follows: |
|---|
| 10 | 10 | | Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL |
|---|
| 11 | 11 | | LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law, |
|---|
| 12 | 12 | | order, regulation, or other official action any provision of |
|---|
| 13 | 13 | | federal law regarding the registration of voters or conduct of |
|---|
| 14 | 14 | | elections, including but not limited to the National Voter |
|---|
| 15 | 15 | | Registration Act of 1993 or its successors is not required to be |
|---|
| 16 | 16 | | implemented or enforced in whole or in part, an affected state law |
|---|
| 17 | 17 | | or rule is suspended to the extent that the law or rule was enacted |
|---|
| 18 | 18 | | or adopted to implement that law [Act], and it is the intent of the |
|---|
| 19 | 19 | | legislature that the applicable law in effect immediately before |
|---|
| 20 | 20 | | the enactment or adoption be reinstated and continued in effect |
|---|
| 21 | 21 | | pending enactment of corrective state legislation. |
|---|
| 22 | 22 | | (b) On a finding by the secretary of state that a suspension |
|---|
| 23 | 23 | | of a law or rule has occurred under Subsection (a), the secretary |
|---|
| 24 | 24 | | may modify applicable procedures as necessary to give effect to the |
|---|
| 25 | 25 | | suspension and to reinstatement of the procedures of the former |
|---|
| 26 | 26 | | law. |
|---|
| 27 | 27 | | (c) The secretary of state may adopt rules to implement this |
|---|
| 28 | 28 | | section as necessary. |
|---|
| 29 | 29 | | SECTION 2. Chapter 31, Election Code, is amended by adding |
|---|
| 30 | 30 | | Section 31.0075 to read as follows: |
|---|
| 31 | 31 | | Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW. |
|---|
| 32 | 32 | | (a) Pending enactment of conforming state legislation, the |
|---|
| 33 | 33 | | secretary of state shall by rule, after consulting with the chair |
|---|
| 34 | 34 | | and vice chair of the standing committees of the senate and house of |
|---|
| 35 | 35 | | representatives having jurisdiction over elections, adopt |
|---|
| 36 | 36 | | procedures to conform with federal laws enacted regarding federal |
|---|
| 37 | 37 | | elections in a manner which will not substantively modify the |
|---|
| 38 | 38 | | procedures for voter registration for or conduct of elections other |
|---|
| 39 | 39 | | than federal elections provided in this Code, except as provided by |
|---|
| 40 | 40 | | this section. |
|---|
| 41 | 41 | | (b) In compliance with Subsection (a), to the extent federal |
|---|
| 42 | 42 | | law modifies the requirements or procedures in this Code for voter |
|---|
| 43 | 43 | | registration in federal elections, the secretary of state shall by |
|---|
| 44 | 44 | | rule, establish and maintain a federal election voter registration |
|---|
| 45 | 45 | | system in compliance with federal law. Any person registered under |
|---|
| 46 | 46 | | this system shall not be eligible to vote in any election other than |
|---|
| 47 | 47 | | federal elections unless that person is qualified and registered to |
|---|
| 48 | 48 | | vote under Title 2 of this Code. Any person seeking to register to |
|---|
| 49 | 49 | | vote under the federal election voter registration system provided |
|---|
| 50 | 50 | | for under this subsection shall be notified upon registering to |
|---|
| 51 | 51 | | vote under this system that registration to vote in federal |
|---|
| 52 | 52 | | elections does not qualify a person to vote in any other election |
|---|
| 53 | 53 | | conducted in this state unless that person registers to vote as |
|---|
| 54 | 54 | | provided by Title 2 of this Code. All persons registered to vote as |
|---|
| 55 | 55 | | provided by Title 2 of this Code shall be automatically registered |
|---|
| 56 | 56 | | to vote under the federal election voter registration system |
|---|
| 57 | 57 | | provided for under this subsection. Any voter registration |
|---|
| 58 | 58 | | certificate issued or lists of registered voters produced under the |
|---|
| 59 | 59 | | federal election voter registration system provided for under this |
|---|
| 60 | 60 | | subsection shall be clearly marked "Valid for federal elections |
|---|
| 61 | 61 | | only." |
|---|
| 62 | 62 | | (c) In compliance with subsection (a), to the extent federal |
|---|
| 63 | 63 | | law modifies the conduct of elections for federal office in a manner |
|---|
| 64 | 64 | | which substantively conflicts with any provision in this Code, |
|---|
| 65 | 65 | | notwithstanding any other provision in this Code, the secretary of |
|---|
| 66 | 66 | | state shall by rule modify the uniform election dates and other |
|---|
| 67 | 67 | | associated dates and deadlines provided in this Code so that no |
|---|
| 68 | 68 | | election other than those for federal offices are held on the same |
|---|
| 69 | 69 | | date as any special election for member of congress, federal |
|---|
| 70 | 70 | | primary, federal primary runoff or general election for federal |
|---|
| 71 | 71 | | offices. |
|---|
| 72 | 72 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 73 | 73 | | an application to register to vote submitted on or after the |
|---|
| 74 | 74 | | effective date of this Act. |
|---|
| 75 | 75 | | SECTION 4. This Act takes effect September 1, 2021. |
|---|