Texas 2021 - 87th Regular

Texas Senate Bill SB1111 Compare Versions

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1-S.B. No. 1111
1+By: Bettencourt, et al. S.B. No. 1111
2+ (Paul)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the residence address of a voter for purposes of a
68 response to a confirmation notice sent by the voter registrar.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Section 1.015, Election Code, is amended by
911 amending Subsection (b) and adding Subsection (f) to read as
1012 follows:
1113 (b) A person may not establish residence for the purpose of
1214 influencing the outcome of a certain election [Residence shall be
1315 determined in accordance with the common-law rules, as enunciated
1416 by the courts of this state, except as otherwise provided by this
1517 code].
1618 (f) A person may not establish a residence at any place the
1719 person has not inhabited. A person may not designate a previous
1820 residence as a home and fixed place of habitation unless the person
1921 inhabits the place at the time of designation and intends to remain.
2022 SECTION 2. Section 15.051(a), Election Code, is amended to
2123 read as follows:
2224 (a) If the registrar has reason to believe that a voter's
2325 current residence is different from that indicated on the
2426 registration records, or that the voter's residence address is a
2527 commercial post office box or similar location that does not
2628 correspond to a residence, the registrar shall deliver to the voter
2729 a written confirmation notice requesting confirmation of the
2830 voter's current residence.
2931 SECTION 3. Section 15.052(b), Election Code, is amended to
3032 read as follows:
3133 (b) The official confirmation notice response form must:
3234 (1) provide spaces for the voter to include all of the
3335 information that a person must include in an application to
3436 register to vote under Section 13.002; [and]
3537 (2) describe the requirements of Section 15.054,
3638 provide a space for the voter to indicate if the voter is exempt
3739 from those requirements, and provide a space to indicate the reason
3840 for an exemption, if any;
3941 (3) provide the definition of residence under Section
4042 1.015; and
4143 (4) be postage prepaid and preaddressed for delivery
4244 to the registrar.
4345 SECTION 4. Section 15.053(a), Election Code, is amended to
4446 read as follows:
4547 (a) Not later than the 30th day after the date a
4648 confirmation notice is mailed, the voter shall submit to the
4749 registrar a written, signed response to the notice that confirms
4850 the voter's current residence. The response must contain:
4951 (1) all of the information that a person must include
5052 in an application to register to vote under Section 13.002;
5153 (2) a sworn affirmation of the voter's current
5254 residence as defined by Section 1.015; and
5355 (3) if the voter's residence address is a commercial
5456 post office box or similar location that does not correspond to a
5557 residence, evidence of the voter's residence address as required by
5658 Section 15.054 or an indication that the voter is exempt from those
5759 requirements.
5860 SECTION 5. Subchapter C, Chapter 15, Election Code, is
5961 amended by adding Section 15.054 to read as follows:
6062 Sec. 15.054. DOCUMENTATION OF RESIDENCE FOR PURPOSES OF
6163 CONFIRMATION NOTICE RESPONSE. (a) For purposes of Section 15.053,
6264 a voter's residence may be documented by providing a photocopy of
6365 the first document, beginning with Subdivision (1) and continuing
6466 through Subdivision (6), in the following list that corresponds to
6567 the voter's residence under Section 1.015:
6668 (1) a driver's license issued to the voter by the
6769 Department of Public Safety that has not expired or, if the voter
6870 has notified the department of a change of address under Section
6971 521.054, Transportation Code, an affidavit from the voter stating
7072 the new address contained in the notification;
7173 (2) a personal identification card issued to the voter
7274 by the Department of Public Safety that has not expired or, if the
7375 voter has notified the department of a change of address under
7476 Section 521.054, Transportation Code, an affidavit from the voter
7577 stating the new address contained in the notification;
7678 (3) a license to carry a concealed handgun issued to
7779 the voter by the Department of Public Safety that has not expired
7880 or, if the voter has notified the department of a change of address
7981 under Section 411.181, Government Code, an affidavit from the voter
8082 stating the new address contained in the notification;
8183 (4) an appraisal district document showing the address
8284 the voter claims as a homestead in this state;
8385 (5) a utility bill addressed to the voter's residence
8486 address; or
8587 (6) an official tax document or Texas Department of
8688 Motor Vehicles document showing the registration address of a
8789 vehicle the voter owns.
8890 (b) A voter whose residence in this state has no address may
8991 document residence under this section by executing an affidavit
9092 stating that the voter's residence in this state has no address,
9193 providing a concise description of the location of the voter's
9294 residence, and delivering the affidavit to the registrar with the
9395 voter's response to the confirmation notice.
9496 (c) The address described by Subsection (a)(4) may not be a
9597 commercial post office box or similar location that does not
9698 correspond to a residence.
9799 (d) This section does not apply to:
98100 (1) a voter who is a member of the armed forces of the
99101 United States or the spouse or a dependent of a member;
100102 (2) a voter enrolled as a full-time student who lives
101103 on campus at an institution of higher education;
102104 (3) a voter whose address is confidential under
103105 Subchapter C, Chapter 56, Code of Criminal Procedure;
104106 (4) a federal judge, state judge, or spouse of a
105107 federal or state judge whose driver's license includes the street
106108 address of a courthouse under Section 521.121, Transportation Code;
107109 or
108110 (5) a peace officer whose driver's license omits the
109111 officer's actual residence address under Section 521.1211,
110112 Transportation Code.
111113 (e) Subsection (a)(1) does not apply to a voter who holds a
112114 commercial driver's license under Subchapter C, Chapter 522,
113115 Transportation Code.
114116 (f) Notwithstanding the other provisions of this section, a
115117 voter enrolled as a full-time student who lives on campus at an
116118 institution of higher education may use the address of a post office
117119 box located on the campus of the institution or in a dormitory owned
118120 or operated by the institution to confirm the voter's residence.
119121 (g) The secretary of state shall adopt rules as necessary to
120122 implement this section.
121123 SECTION 6. This Act takes effect September 1, 2021.
122- ______________________________ ______________________________
123- President of the Senate Speaker of the House
124- I hereby certify that S.B. No. 1111 passed the Senate on
125- April 28, 2021, by the following vote: Yeas 18, Nays 13.
126- ______________________________
127- Secretary of the Senate
128- I hereby certify that S.B. No. 1111 passed the House on
129- May 25, 2021, by the following vote: Yeas 81, Nays 65, one
130- present not voting.
131- ______________________________
132- Chief Clerk of the House
133- Approved:
134- ______________________________
135- Date
136- ______________________________
137- Governor