Texas 2021 - 87th Regular

Texas House Bill HB483 Compare Versions

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11 87R1851 TSS-F
22 By: González of Dallas H.B. No. 483
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to voter registration.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Sections 13.004(a) and (d), Election Code, are
1010 amended to read as follows:
1111 (a) The registrar may not transcribe, copy, or otherwise
1212 record a telephone number or e-mail address furnished on a
1313 registration application.
1414 (d) The voter registrar or other county official who has
1515 access to the information furnished on a registration application
1616 may not post the following information on a website:
1717 (1) a telephone number or e-mail address;
1818 (2) a social security number;
1919 (3) a driver's license number or a number of a personal
2020 identification card;
2121 (4) a date of birth; or
2222 (5) the residence address of a voter who submits
2323 documentation under Subsection (c)(6), (7), (8), or (9) [(c)(5),
2424 (6), (7), or (8)] to the voter registrar or regarding whom the
2525 registrar has received notification under Section 15.0215.
2626 SECTION 2. Section 13.004(c), Election Code, as amended by
2727 Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
2828 Acts of the 86th Legislature, Regular Session, 2019, is reenacted
2929 and amended to read as follows:
3030 (c) The following information furnished on a registration
3131 application is confidential and does not constitute public
3232 information for purposes of Chapter 552, Government Code:
3333 (1) a social security number;
3434 (2) a Texas driver's license number;
3535 (3) a number of a personal identification card issued
3636 by the Department of Public Safety;
3737 (4) an indication that an applicant is interested in
3838 working as an election judge;
3939 (5) a telephone number or e-mail address;
4040 (6) the residence address of the applicant, if the
4141 applicant is a federal judge or state judge, the spouse of a federal
4242 judge or state judge, the spouse of a peace officer as defined by
4343 Article 2.12, Code of Criminal Procedure, or an individual to whom
4444 Section 552.1175, Government Code, or Section 521.1211,
4545 Transportation Code, applies and the applicant:
4646 (A) included an affidavit with the registration
4747 application describing the applicant's status under this
4848 subdivision, if the applicant is a federal judge or state judge or
4949 the spouse of a federal judge or state judge;
5050 (B) provided the registrar with an affidavit
5151 describing the applicant's status under this subdivision, if the
5252 applicant is a federal judge or state judge or the spouse of a
5353 federal judge or state judge; or
5454 (C) provided the registrar with a completed form
5555 approved by the secretary of state for the purpose of notifying the
5656 registrar of the applicant's status under this subdivision;
5757 (7) [(6)] the residence address of the applicant, if
5858 the applicant, the applicant's child, or another person in the
5959 applicant's household is a victim of family violence as defined by
6060 Section 71.004, Family Code, who provided the registrar with:
6161 (A) a copy of a protective order issued under
6262 Chapter 85, Family Code, or a magistrate's order for emergency
6363 protection issued under Article 17.292, Code of Criminal Procedure;
6464 or
6565 (B) other independent documentary evidence
6666 necessary to show that the applicant, the applicant's child, or
6767 another person in the applicant's household is a victim of family
6868 violence;
6969 (8) [(7)] the residence address of the applicant, if
7070 the applicant, the applicant's child, or another person in the
7171 applicant's household is a victim of sexual assault or abuse,
7272 stalking, or trafficking of persons who provided the registrar
7373 with:
7474 (A) a copy of a protective order issued under
7575 Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
7676 magistrate's order for emergency protection issued under Article
7777 17.292, Code of Criminal Procedure; or
7878 (B) other independent documentary evidence
7979 necessary to show that the applicant, the applicant's child, or
8080 another person in the applicant's household is a victim of sexual
8181 assault or abuse, stalking, or trafficking of persons;
8282 (9) [(8)] the residence address of the applicant, if
8383 the applicant:
8484 (A) is a participant in the address
8585 confidentiality program administered by the attorney general under
8686 Subchapter B, Chapter 58, Code of Criminal Procedure; and
8787 (B) provided the registrar with proof of
8888 certification under Article 58.059, Code of Criminal Procedure; or
8989 (10) [(9)] the telephone number of any applicant
9090 submitting documentation under Subdivision (6), (7), (8), or (9)
9191 [(5), (6), (7), or (8)].
9292 SECTION 3. Subchapter A, Chapter 84, Election Code, is
9393 amended by adding Section 84.0022 to read as follows:
9494 Sec. 84.0022. CONFIDENTIALITY AND USE OF CERTAIN
9595 INFORMATION. Information included on an application for a ballot
9696 to be voted by mail is subject to Section 13.004 in the same manner
9797 as that section applies to an application to register to vote.
9898 SECTION 4. Subchapter A, Chapter 84, Election Code, is
9999 amended by adding Section 84.0075 to read as follows:
100100 Sec. 84.0075. SUBMITTING APPLICATION FOR BALLOT VOTED BY
101101 MAIL TO VOTER REGISTRAR. (a) Notwithstanding the other provisions
102102 of this subchapter, an applicant for a ballot to be voted by mail
103103 who is not registered to vote may submit an application for a ballot
104104 to be voted by mail and an application for voter registration to the
105105 voter registrar.
106106 (b) If the registrar approves the application for voter
107107 registration under Title 2, the registrar shall forward the
108108 application for a ballot to be voted by mail to the early voting
109109 clerk.
110110 (c) For the purposes of this section, a deputy registrar
111111 must deliver an application for a ballot to be voted by mail to the
112112 registrar in the same manner as an application for voter
113113 registration.
114114 SECTION 5. Section 84.011(a), Election Code, is amended to
115115 read as follows:
116116 (a) The officially prescribed application form for an early
117117 voting ballot may combine the contents required under Section
118118 84.002 for an early voting ballot application with an officially
119119 prescribed voter registration application form and must include:
120120 (1) immediately preceding the signature space the
121121 statement: "I certify that the information given in this
122122 application is true, and I understand that giving false information
123123 in this application is a crime.";
124124 (2) a statement informing the applicant of the
125125 offenses prescribed by Sections 84.003 and 84.004;
126126 (3) spaces for entering an applicant's information to
127127 register to vote or voter registration number and county election
128128 precinct of registration, as applicable, with a statement informing
129129 the applicant that failure to furnish that information does not
130130 invalidate the application; and
131131 (4) on an application for a ballot to be voted by mail:
132132 (A) a space for an applicant applying on the
133133 ground of absence from the county of residence to indicate the date
134134 on or after which the applicant can receive mail at the address
135135 outside the county;
136136 (B) a space for indicating the fact that an
137137 applicant whose application is signed by a witness cannot make the
138138 applicant's mark and a space for indicating the relationship or
139139 lack of relationship of the witness to the applicant;
140140 (C) a space for entering an applicant's telephone
141141 number and e-mail address, with a statement informing the applicant
142142 that failure to furnish that information does not invalidate the
143143 application;
144144 (D) a space or box for an applicant applying on
145145 the ground of age or disability to indicate that the address to
146146 which the ballot is to be mailed is the address of a facility or
147147 relative described by Section 84.002(a)(3), if applicable;
148148 (E) a space or box for an applicant applying on
149149 the ground of confinement in jail to indicate that the address to
150150 which the ballot is to be mailed is the address of a relative
151151 described by Section 84.002(a)(4), if applicable;
152152 (F) a space for an applicant applying on the
153153 ground of age or disability to indicate if the application is an
154154 application under Section 86.0015;
155155 (G) spaces for entering the signature, printed
156156 name, and residence address of any person assisting the applicant;
157157 (H) a statement informing the applicant of the
158158 condition prescribed by Section 81.005; and
159159 (I) a statement informing the applicant of the
160160 requirement prescribed by Section 86.003(c).
161161 SECTION 6. Section 84.014, Election Code, is amended to
162162 read as follows:
163163 Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
164164 APPLICATIONS. (a) If an applicant provides a date of birth,
165165 driver's license number, [or] social security number, or other
166166 information required for registration under Title 2 on the
167167 applicant's application for an early voting ballot to be voted by
168168 mail that is different from or in addition to the information
169169 maintained by the voter registrar in accordance with that title
170170 [Title 2], the early voting clerk shall notify the voter
171171 registrar. The voter registrar shall update the voter's record
172172 with the information provided by the applicant.
173173 (b) The submission of an application for an early voting
174174 ballot to be voted by mail by an unregistered applicant that
175175 complies with the applicable requirements and contains the
176176 information required for registration under Title 2 constitutes
177177 registration by the applicant.
178178 SECTION 7. Section 86.001(e), Election Code, is amended to
179179 read as follows:
180180 (e) If the applicant does not have an effective voter
181181 registration for the election, the clerk shall reject the
182182 application unless:
183183 (1) the clerk can determine from the voter registrar
184184 that the applicant has submitted a voter registration application
185185 and the registration will be effective on election day; or
186186 (2) the application contains the information that is
187187 required for registration under Title 2 and the registration will
188188 be effective on election day.
189189 SECTION 8. The changes in law made by this Act apply to an
190190 application for a ballot to be voted by mail submitted for an
191191 election ordered on or after the effective date of this Act. An
192192 application for a ballot to be voted by mail submitted for an
193193 election ordered before the effective date of this Act is governed
194194 by the law in effect when the election was ordered, and the former
195195 law is continued in effect for that purpose.
196196 SECTION 9. To the extent of any conflict, this Act prevails
197197 over another Act of the 87th Legislature, Regular Session, 2021,
198198 relating to nonsubstantive additions to and corrections in enacted
199199 codes.
200200 SECTION 10. This Act takes effect September 1, 2021.