Texas 2021 - 87th Regular

Texas Senate Bill SB1340 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Buckingham S.B. No. 1340
	2	+	(In the Senate - Filed March 10, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	April 7, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 6, Nays 3; April 7, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1340 By: Hughes
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to voter qualification and registration.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Article 42.03, Code of Criminal Procedure, is
9	16		amended by adding Section 6 to read as follows:
10	17		Sec. 6. The court, after pronouncing the sentence of a
11	18		defendant adjudged guilty of a felony, shall notify the defendant
12	19		in writing of the nature and expected duration of the impact on the
13	20		defendant's voting rights in this state under Section 11.002(a)(4),
14	21		Election Code, resulting from the conviction.
15	22		SECTION 2. Chapter 11, Election Code, is amended by adding
16	23		Section 11.0021 to read as follows:
17	24		Sec. 11.0021. MEASURES TO PREVENT NONCITIZEN VOTER
18		-	REGISTRATION AND VOTING. ~~(a)~~ Notwithstanding any other law ~~and~~
19		-	~~subject to Subsections (c), (d), and (e), to ensure~~ a person who is
20		-	~~not a citizen of the United States may not register~~ to vote or vote:
	25	+	REGISTRATION AND VOTING. Notwithstanding any other law, to ensure
	26	+	a person who is not a citizen of the United States may not register
	27	+	to vote or vote:
21	28		(1) at least twice each year, the secretary of state
22	29		shall use the United States Department of Homeland Security
23	30		database of noncitizens living in Texas to identify noncitizens
24	31		whose voter registrations should be canceled and shall take all
25	32		appropriate actions; and
26	33		(2) the Department of Public Safety shall forward to
27	34		the secretary of state the file of a person who applies for a Texas
28	35		driver's license or identification card and provides on the
29	36		application form that the person is not a citizen of the United
30	37		States.
31		-	(b) The secretary of state shall by rule determine what
32		-	information combinations identified as common to a voter and to an
33		-	individual who is not a citizen of the United States constitute a
34		-	weak match or a strong match in order to:
35		-	(1) produce the least possible impact on Texas voters;
36		-	and
37		-	(2) fulfill its responsibility to manage the voter
38		-	rolls.
39		-	(c) The secretary of state may not determine that a voter is
40		-	ineligible to register to vote or vote based on a weak match. The
41		-	secretary may inform the county of the voter's residence that a weak
42		-	match exists.
43		-	(d) On receiving notification from the secretary of state
44		-	under Subsection (c) that a weak match of identifying information
45		-	exists for an applicant for voter registration or a voter in the
46		-	county and an individual who is a noncitizen, the county shall
47		-	investigate whether the applicant or voter is a citizen.
48		-	(e) The secretary of state may determine a voter is
49		-	ineligible to register to vote or vote based on a strong match.
50	38		SECTION 3. Section 12.001, Election Code, is amended to
51	39		read as follows:
52	40		Sec. 12.001. DESIGNATION OF SECRETARY OF STATE AS VOTER
53	41		REGISTRAR. (a) The secretary of state is the chief voter registrar
54	42		of the state and shall maintain the list of registered voters. The
55	43		voter registrar designated under Subsection (b) is the voter
56	44		registrar for all other purposes and shall assist the secretary of
57	45		state in the registration of voters at the direction of the
58	46		secretary of state.
59	47		(b) Except as provided by Subsection (a), the [The] county
60	48		tax assessor-collector is the voter registrar for the county unless
61	49		the position of county elections administrator is created or the
62	50		county clerk is designated as the county voter registrar.
63	51		(c) Unless otherwise provided by a rule adopted under
64	52		Section 12.0011, a reference in this code to the voter registrar, as
65	53		related to voter registration duties, means the county voter
66	54		registrar.
67	55		(d) The secretary of state shall adopt rules necessary to
68	56		implement this section.
69	57		SECTION 4. Subchapter A, Chapter 12, Election Code, is
70	58		amended by adding Section 12.0011 to read as follows:
71	59		Sec. 12.0011. CLASSIFICATION OF VOTER REGISTRATION DUTIES.
72	60		(a) The secretary of state shall adopt rules consistent with
73	61		Section 12.001 that classify the duties and functions placed on a
74	62		voter registrar under this code or another provision of law
75	63		according to whether they are to be performed by the voter registrar
76	64		or by the secretary of state.
77	65		(b) If a voter registrar is uncertain as to which person
78	66		should perform a specific duty or function that the secretary of
79	67		state has not classified, the person shall request the secretary to
80	68		classify that duty or function, and the secretary shall comply with
81	69		the request as soon as practicable.
82	70		(c) The secretary of state shall deliver a copy of each rule
83	71		proposed under this section to each voter registrar in the state not
84	72		later than the fifth day after the date notice of the proposal is
85	73		published in the Texas Register and shall deliver a copy of each
86	74		adopted rule to those persons not later than the fifth day after the
87	75		date the certified copy of the rule is filed in the secretary's
88	76		office. Failure to comply with this subsection does not affect the
89	77		validity of a rule.
90	78		(d) The secretary of state may, on 30 days' notice, adopt a
91	79		rule classifying a duty or function if the rule is needed in a
92	80		shorter time than provided by the regular rulemaking process. The
93	81		rule is considered an emergency rule for purposes of Chapter 2001,
94	82		Government Code. The secretary is not required to give notice of
95	83		the proposed rule under Subsection (c), but the secretary must give
96	84		notice of the rule's adoption under that subsection.
97	85		(e) Not later than January 1 of each odd-numbered year, the
98	86		secretary of state shall submit a report to the committees of the
99	87		senate and house of representatives with primary jurisdiction over
100	88		elections a report on the implementation of this section and the
101	89		secretary of state's maintenance of the list of registered voters
102	90		under Section 12.001.
103	91		SECTION 5. Sections 13.002(a) and (i), Election Code, are
104	92		amended to read as follows:
105	93		(a) A person desiring to register to vote must submit an
106	94		application to the registrar of the county in which the person
107	95		resides. Except as provided by Subsection (e) or Subchapter C,
108	96		Chapter 20, an application must be submitted by personal delivery,
109	97		by mail, or by telephonic facsimile machine in accordance with
110	98		Section 13.143(d-2) [Sections 13.143(d) and (d-2)].
111	99		(i) An applicant who wishes to receive an exemption from the
112	100		requirements of Section 63.001(b) on the basis of disability must
113	101		submit [include with the person's application]:
114	102		(1) written documentation:
115	103		(A) from the United States Social Security
116	104		Administration evidencing the applicant has been determined to have
117	105		a disability; or
118	106		(B) from the United States Department of Veterans
119	107		Affairs evidencing the applicant has a disability rating of at
120	108		least 50 percent; and
121	109		(2) a statement in a form prescribed by the secretary
122	110		of state that the applicant does not have a form of identification
123	111		acceptable under Section 63.0101.
124	112		SECTION 6. Subchapter A, Chapter 13, Election Code, is
125	113		amended by adding Section 13.009 to read as follows:
126	114		Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
127	115		secretary of state and the Department of Public Safety shall
128	116		jointly implement a program to allow a person who is a citizen of
129	117		the United States and has an unexpired driver's license issued in
130	118		this state to complete a voter registration application
131	119		simultaneously with the person's application for an original,
132	120		renewal, or duplicate driver's license and from the official
133	121		Internet website of this state. The Internet websites of the
134	122		secretary of state and the Department of Public Safety must also
135	123		provide a link to the location of the application on the official
136	124		Internet website of this state.
137	125		(b) An applicant for electronic voter registration must:
138	126		(1) attest to the truth of the information provided on
139	127		the application by affirmatively accepting the information as true;
140	128		(2) affirmatively consent to the use of the signature
141	129		on the applicant's driver's license or personal identification card
142	130		for voter registration purposes;
143	131		(3) provide the information required under Section
144	132		13.002(c); and
145	133		(4) provide the audit number and date of issuance of
146	134		the applicant's Texas driver's license issued by the Department of
147	135		Public Safety.
148	136		(c) For each application the program shall:
149	137		(1) require that a digital copy of the applicant's
150	138		signature be obtained from the Department of Public Safety; and
151	139		(2) compare the information provided by the applicant
152	140		against Department of Public Safety records.
153	141		(d) If the information submitted by an applicant does not
154	142		match Department of Public Safety records, the program shall:
155	143		(1) notify the applicant that the application is
156	144		incomplete; and
157	145		(2) advise the applicant to correct and resubmit the
158	146		application.
159	147		(e) If the information submitted by an applicant matches
160	148		Department of Public Safety records, the program shall forward the
161	149		application to the registrar of the county in which the applicant
162	150		states that the applicant resides and to the secretary of state.
163	151		(f) An application electronically submitted under this
164	152		section is considered for all purposes as an application submitted
165	153		by mail under this title.
166	154		(g) The secretary of state shall adopt rules as necessary to
167	155		implement this section, including rules to provide for additional
168	156		security measures necessary to ensure the accuracy and integrity of
169	157		applications submitted electronically.
170	158		(h) The rules adopted under Subsection (g) must require
171	159		that:
172	160		(1) the Internet website through which a person may
173	161		complete a voter registration application include a description of
174	162		the offense described by Section 13.007 in a conspicuous location
175	163		on the website near the place where the person begins or submits the
176	164		application; and
177	165		(2) the state electronic Internet portal project be
178	166		used to authenticate the identity of a person who submits an
179	167		application electronically under this section.
180	168		SECTION 7. Section 13.046(f), Election Code, is amended to
181	169		read as follows:
182	170		(f) Except as provided by this subsection, Sections
183	171		13.039[, 13.041,] and 13.042 apply to the submission and delivery
184	172		of registration applications under this section, and for that
185	173		purpose, "volunteer deputy registrar" in those sections includes a
186	174		high school deputy registrar. A high school deputy registrar may
187	175		review an application for completeness out of the applicant's
188	176		presence. A deputy may deliver a group of applications to the
189	177		registrar by mail in an envelope or package, and, for the purpose of
190	178		determining compliance with the delivery deadline, an application
191	179		delivered by mail is considered to be delivered at the time of its
192	180		receipt by the registrar.
193	181		SECTION 8. Section 13.071, Election Code, is amended to
194	182		read as follows:
195	183		Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
196	184		shall review each submitted application for registration to
197	185		determine whether it complies with Section 13.002 and indicates
198	186		that the applicant is eligible for registration under Section
199	187		13.001.
200	188		(b) If the application is submitted to the Department of
201	189		Public Safety in conjunction with an application for an original,
202	190		renewal, or duplicate driver's license or personal identification
203	191		card, the [The] registrar shall make the determination not later
204	192		than the seventh day after the date the application is delivered
205	193		[submitted] to the registrar.
206	194		(c) If the application is submitted in a manner other than
207	195		the manner described by Subsection (b), the registrar shall forward
208	196		the information relating to the applicant to the secretary of state
209	197		to ensure the voter is not already registered and for determining
210	198		the voter's eligibility under Section 13.001 and citizenship status
211	199		as provided by Section 13.0721.
212	200		(d) In making a determination under this section, the
213	201		registrar must compare the applicant to the lists maintained under
214	202		Sections 16.002 and 16.003.
215	203		(e) Notwithstanding a rule adopted under Section 12.0011,
216	204		the secretary of state is the final arbiter of whether an applicant
217	205		for voter registration is eligible for registration.
218	206		SECTION 9. Section 13.072, Election Code, is amended by
219	207		amending Subsections (a), (c), and (d) and adding Subsections (a-1)
220	208		and (e) to read as follows:
221	209		(a) Unless the registrar challenges the applicant, the
222	210		registrar shall approve the application if:
223	211		(1) the registrar determines that an application
224	212		complies with Section 13.002 and indicates that the applicant is
225	213		eligible for registration under Section 13.001; and
226	214		(2) [for an applicant who has not included a statement
227	215		described by Section 13.002(c)(8)(C),] the registrar verifies with
228	216		the secretary of state:
229	217		(A) the applicant's Texas driver's license number
230	218		or number of a personal identification card issued by the
231	219		Department of Public Safety; [or]
232	220		(B) the last four digits of the applicant's
233	221		social security number; or
234	222		(C) if the applicant included a statement
235	223		described by Section 13.002(c)(8)(C), the identity of the applicant
236	224		through other means.
237	225		(a-1) For an applicant whose information was forwarded to
238	226		the secretary of state under Section 13.071, the registrar may not
239	227		make a determination under Subsection (a)(1) without confirmation
240	228		from the secretary of state that the voter is not already registered
241	229		and is eligible under Section 13.001.
242	230		(c) Except as provided by Subsection (d), if the registrar
243	231		determines that an application does not comply with Section 13.002
244	232		or does not indicate that the applicant is eligible for
245	233		registration under Section 13.001, the registrar shall reject the
246	234		application.
247	235		(d) If an application clearly indicates that the applicant
248	236		resides in another county, the registrar shall forward the
249	237		application to the other county's registrar not later than the
250	238		second day after the date the application is received [and, if the
251	239		other county is not contiguous, shall deliver written notice of
252	240		that action to the applicant not later than the seventh day after
253	241		the date the application is received]. The date of submission of a
254	242		completed application to the wrong registrar is considered to be
255	243		the date of submission to the proper registrar for purposes of
256	244		determining the effective date of the registration.
257	245		(e) The secretary of state shall adopt rules necessary to
258	246		implement this section.
259	247		SECTION 10. Subchapter C, Chapter 13, Election Code, is
260	248		amended by adding Section 13.0721 to read as follows:
261	249		Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
262	250		section does not apply to an application for registration submitted
263	251		to the Department of Public Safety in conjunction with an
264	252		application for an original, renewal, or duplicate driver's
265	253		license.
266	254		(b) The secretary of state shall verify with the Department
267	255		of Public Safety the citizenship status of each applicant for voter
268	256		registration whose information is forwarded to the secretary of
269	257		state as provided by Section 13.071(c). If the department verifies
270	258		the applicant's citizenship status, the secretary of state shall
271	259		notify the registrar.
272	260		(c) If the applicant included a statement under Section
273	261		13.002(c)(8)(C) or the secretary of state cannot verify the
274	262		citizenship status of the applicant under Subsection (b), the
275	263		registrar and the applicant shall be notified as provided by
276	264		secretary of state rule.
277	265		(d) An applicant for voter registration who receives notice
278	266		under Subsection (c) must provide proof of citizenship to the
279	267		registrar not later than the 60th day after the date of receipt.
280	268		Except as provided by Subsection (e), this proof must be presented
281	269		in person. The following is acceptable as proof of citizenship
282	270		under this section:
283	271		(1) an unexpired passport issued to the person;
284	272		(2) a certified copy of a birth certificate or other
285	273		document confirming the person's birth that is admissible in a
286	274		court of law and establishes the person's identity, presented with
287	275		a government-issued identification that contains the person's
288	276		photograph; or
289	277		(3) United States citizenship papers issued to the
290	278		person, presented with a government-issued identification that
291	279		contains the person's photograph.
292	280		(e) An applicant may mail a certified copy of a document
293	281		described by Subsection (d)(2) or (3) with a copy of the person's
294	282		government-issued photo identification to the registrar.
295	283		(f) If an applicant does not provide proof of citizenship as
296	284		required, the registrar shall reject the application and notify the
297	285		secretary of state. The secretary of state shall keep a list of
298	286		applicants of whom the secretary receives notice under this
299	287		section.
300	288		(g) The secretary of state shall adopt rules and prescribe
301	289		procedures to implement this section.
302	290		SECTION 11. Section 13.076(a), Election Code, is amended to
303	291		read as follows:
304	292		(a) To [Except as provided by Subsection (b), to] be
305	293		entitled to a hearing on a challenge, the applicant must file a
306	294		written, signed request for a hearing with the secretary of state
307	295		[registrar] not later than the 10th day after the date of the
308	296		challenge.
309	297		SECTION 12. Sections 13.077(a), (b), and (c), Election
310	298		Code, are amended to read as follows:
311	299		(a) On the timely filing or making of a hearing request, the
312	300		secretary of state [registrar] shall schedule a hearing on the
313	301		challenge.
314	302		(b) The secretary of state [registrar] shall conduct the
315	303		hearing not later than the 10th day after the date the request is
316	304		filed or made or at a later date on the applicant's request.
317	305		(c) The applicant may appear personally at the hearing to
318	306		offer evidence or argument. The applicant may offer evidence or
319	307		argument by affidavit without personally appearing if the applicant
320	308		submits the affidavit to the secretary of state [registrar] before
321	309		the hearing begins.
322	310		SECTION 13. Section 13.078(a), Election Code, is amended to
323	311		read as follows:
324	312		(a) The secretary of state [registrar] shall deliver to a
325	313		challenged applicant written notice of the date, hour, and place
326	314		set for the hearing on the challenge not later than the second day
327	315		after the date the hearing request is filed or made.
328	316		SECTION 14. Section 13.079, Election Code, is amended to
329	317		read as follows:
330	318		Sec. 13.079. DETERMINATION OF CHALLENGE. (a) After
331	319		hearing and considering the evidence or argument, the secretary of
332	320		state [registrar] shall promptly determine the challenge and issue
333	321		a decision in writing.
334	322		(b) If the secretary of state [registrar] determines that
335	323		the applicant is eligible for registration or that the manner of
336	324		submission of the application was authorized, the secretary of
337	325		state [registrar] shall approve the application.
338	326		(c) If the secretary of state [registrar] determines that
339	327		the applicant is not eligible for registration or that the manner of
340	328		submission of the application was unauthorized, the secretary of
341	329		state [registrar] shall reject the application.
342	330		(d) The secretary of state [registrar] shall retain a copy
343	331		of the decision on file with the applicant's registration
344	332		application and shall deliver a copy to the applicant.
345	333		SECTION 15. Section 13.142(a), Election Code, is amended to
346	334		read as follows:
347	335		(a) After approval of a registration application, the
348	336		registrar shall:
349	337		(1) prepare a voter registration certificate [in
350	338		duplicate] and issue the original certificate to the applicant; and
351	339		(2) enter the applicant's county election precinct
352	340		number and registration number on the applicant's registration
353	341		application.
354	342		SECTION 16. Sections 13.143(a) and (d-2), Election Code,
355	343		are amended to read as follows:
356	344		(a) Except as provided by Subsection [Subsections] (b) [and
357	345		(e)], if an applicant's registration application is approved, the
358	346		registration becomes effective on the 30th day after the date the
359	347		application is approved [submitted to the registrar] or on the date
360	348		the applicant becomes 18 years of age, whichever is later.
361	349		(d-2) For a registration application not submitted by
362	350		personal delivery or mail [telephonic facsimile machine] to be
363	351		effective, a copy of the original registration application
364	352		containing the voter's original signature must be submitted by
365	353		personal delivery or mail and be received by the registrar not later
366	354		than the fourth business day after the submission [transmission by
367	355		telephonic facsimile machine] is received.
368	356		SECTION 17. Section 15.022(a), Election Code, is amended to
369	357		read as follows:
370	358		(a) The registrar shall make the appropriate corrections in
371	359		the registration records, including, if necessary, deleting a
372	360		voter's name from the suspense list:
373	361		(1) after receipt of a notice of a change in
374	362		registration information under Section 15.021;
375	363		(2) after receipt of a voter's reply to a notice of
376	364		investigation given under Section 16.033;
377	365		(3) after receipt of any affidavits executed under
378	366		Section 63.006, following an election;
379	367		(4) after receipt of a voter's statement of residence
380	368		executed under Section 63.0011;
381	369		(5) before the effective date of the abolishment of a
382	370		county election precinct or a change in its boundary;
383	371		(6) after receipt of United States Postal Service
384	372		information indicating an address reclassification;
385	373		(7) after receipt of a voter's response under Section
386	374		15.053; [or]
387	375		(8) after receipt of a registration application or
388	376		change of address under Chapter 20; or
389	377		(9) after determining a data entry error has occurred.
390	378		SECTION 18. Section 15.023, Election Code, is amended to
391	379		read as follows:
392	380		Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
393	381		If the name of a voter [whose residence is changed] on the list of
394	382		registered voters [registration records to another county election
395	383		precinct in the same county] appears on the suspense list, the
396	384		voter's name shall be deleted from the list on the date the voter
397	385		provides a completed application to register to vote in accordance
398	386		with Section 13.002 [voter's registration in the precinct of new
399	387		residence becomes effective].
400	388		SECTION 19. Section 15.028, Election Code, is amended to
401	389		read as follows:
402	390		Sec. 15.028. NOTICE OF UNLAWFUL REGISTRATION OR VOTING [TO
403	391		PROSECUTOR]. [(a)] If the registrar determines that a person who
404	392		is not eligible to vote may have registered to vote or [a registered
405	393		voter] voted in an election, the registrar shall execute and
406	394		deliver to the secretary of state and the county or district
407	395		attorney having jurisdiction in the territory covered by the
408	396		election an affidavit stating the relevant facts.
409	397		[(b) If the election covers territory in more than one
410	398		county, the registrar shall also deliver an affidavit to the
411	399		attorney general.]
412	400		SECTION 20. Section 15.051(d), Election Code, is amended to
413	401		read as follows:
414	402		(d) The registrar shall maintain with the voter's record an
415	403		indication that a confirmation notice was sent to the voter [a list
416	404		of the confirmation notices mailed to voters, which for each notice
417	405		must include the voter's name and the date the notice is mailed.
418	406		The registrar shall maintain and retain the list in accordance with
419	407		rules prescribed by the secretary of state].
420	408		SECTION 21. Subchapter C, Chapter 15, Election Code, is
421	409		amended by adding Section 15.054 to read as follows:
422	410		Sec. 15.054. CONFIRMATION NOTICE AFTER EVIDENCE OF CHANGE
423	411		OF RESIDENCE. (a) As frequently as possible, the secretary of
424	412		state shall:
425	413		(1) request from the United States Postal Service
426	414		information from the National Change of Address database indicating
427	415		address reclassifications or changes of address affecting the
428	416		registered voters of the state;
429	417		(2) examine any information obtained from the
430	418		interstate voter registration crosscheck program under Section
431	419		18.062, indicating address reclassifications or changes of address
432	420		affecting the registered voters of the state; and
433	421		(3) identify each voter in the state who fails to vote
434	422		in any election, submit an application for a ballot to be voted by
435	423		mail under Chapter 84 or 101, or submit a change in voter
436	424		registration under Chapter 13 or 15 for two years from the date of a
437	425		general election for state and county officers.
438	426		(b) If information obtained under Subsection (a) gives the
439	427		secretary of state reason to believe a voter has changed the voter's
440	428		residence to a location outside of the county in which the voter is
441	429		registered to vote, the secretary of state shall forward the
442	430		information to the voter registrar for the county in which the voter
443	431		is registered.
444	432		(c) After receiving information on a voter under Subsection
445	433		(b), the registrar shall deliver a confirmation notice to the voter
446	434		in accordance with Section 15.051.
447	435		SECTION 22. Section 15.082(b), Election Code, is amended to
448	436		read as follows:
449	437		(b) The [fee for each] list shall be provided in accordance
450	438		with Chapter 552, Government Code [or portion of a list furnished
451	439		under this section may not exceed the actual expense incurred in
452	440		reproducing the list or portion for the person requesting it and
453	441		shall be uniform for each type of copy furnished. The registrar
454	442		shall make reasonable efforts to minimize the reproduction
455	443		expenses].
456	444		SECTION 23. Section 16.001(d), Election Code, is amended to
457	445		read as follows:
458	446		(d) With the cooperation of the secretary of state, the
459	447		Department of Public Safety shall, in accordance with federal law,
460	448		enter into an agreement with the commissioner of social security to
461	449		verify on a quarterly basis the information of voter registration
462	450		records containing a social security number. At a minimum, the
463	451		department shall verify if:
464	452		(1) the name, date of birth, and social security
465	453		number listed in the commissioner's records match those on record
466	454		with the department; and
467	455		(2) the commissioner's records show the person to be
468	456		deceased. [The secretary of state shall quarterly obtain from the
469	457		United States Social Security Administration available information
470	458		specified by the secretary relating to deceased residents of the
471	459		state.]
472	460		SECTION 24. Section 16.002, Election Code, is amended by
473	461		amending Subsection (b) and adding Subsections (c) and (d) to read
474	462		as follows:
475	463		(b) The clerk shall file each abstract with the secretary of
476	464		state and the voter registrar of the person's county of residence
477	465		not later than the 10th day of the month following the month in
478	466		which the abstract is prepared.
479	467		(c) The registrar shall maintain a list containing the name
480	468		of each person for whom the registrar receives an abstract under
481	469		Subsection (a)(1).
482	470		(d) The registrar shall remove from the list maintained
483	471		under Subsection (c) the name of a person on the date the registrar
484	472		receives an abstract under Subsection (a)(2) or (3) regarding the
485	473		person.
486	474		SECTION 25. Section 16.003, Election Code, is amended to
487	475		read as follows:
488	476		Sec. 16.003. FELONY CONVICTION. (a) Each weekday the
489	477		Department of Public Safety is regularly open for business, the
490	478		department shall file with the secretary of state and the voter
491	479		registrar of the person's county of residence an abstract:
492	480		(1) [prepare an abstract] of each final judgment
493	481		received by the department convicting a person 18 years of age or
494	482		older who is a resident of the state of a felony, including:
495	483		(A) the date of conviction;
496	484		(B) the duration of a defendant's sentence or
497	485		term of community supervision, as applicable; and
498	486		(C) the date on which the defendant is expected
499	487		to become eligible to vote under Section 11.002; and
500	488		(2) of each order received by the department pardoning
501	489		a person described by Subdivision (1) or that would otherwise
502	490		release the person from a disability to vote caused by felony
503	491		conviction [file each abstract with the secretary of state].
504	492		(b) The registrar shall maintain a list containing the name
505	493		of each person for whom the registrar receives an abstract under
506	494		Subsection (a)(1).
507	495		(c) The registrar shall remove from the list maintained
508	496		under Subsection (b) the name of a person:
509	497		(1) on the date on which the defendant is expected to
510	498		become eligible to vote as indicated on the abstract received under
511	499		Subsection (a)(1); or
512	500		(2) on the date the registrar receives an abstract
513	501		under Subsection (a)(2) indicating that the person has become
514	502		eligible to vote.
515	503		SECTION 26. Section 16.005, Election Code, is amended to
516	504		read as follows:
517	505		Sec. 16.005. PRESERVATION OF ABSTRACT OR ORDER. If an
518	506		abstract or order received under this subchapter affects a
519	507		registered voter of the county, the registrar shall retain a copy of
520	508		the abstract or order on file with the affected voter's
521	509		registration application.
522	510		SECTION 27. Section 16.032, Election Code, is amended to
523	511		read as follows:
524	512		Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
525	513		PERIOD. If on November 30 following the second general election for
526	514		state and county officers that occurs after the date the voter's
527	515		name is entered on the suspense list a registered voter's name
528	516		appears on the suspense list, the registrar shall cancel the
529	517		voter's registration unless the name is to be deleted from the list
530	518		under Section 15.022 or 15.023.
531	519		SECTION 28. Section 16.0332(a), Election Code, is amended
532	520		to read as follows:
533	521		(a) After the registrar receives notification [a list]
534	522		under Section 18.068 of this code or Section 62.113, Government
535	523		Code, of persons excused or disqualified from jury service or
536	524		otherwise determined to be ineligible to vote because of
537	525		citizenship status, the registrar shall deliver to each registered
538	526		voter whose name appears in the notification [on the list] a written
539	527		notice requiring the voter to submit to the registrar proof of
540	528		United States citizenship in the form of a certified copy of the
541	529		voter's birth certificate, United States passport, or certificate
542	530		of naturalization or any other form prescribed by the secretary of
543	531		state. The notice must [shall] be delivered by forwardable mail to
544	532		the mailing address on the voter's registration application and to
545	533		any new address of the voter known to the registrar.
546	534		SECTION 29. Section 16.036(a), Election Code, is amended to
547	535		read as follows:
548	536		(a) Immediately after, but not later than the 30th day after
549	537		the date a voter's registration is canceled under Section
550	538		16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar
551	539		shall deliver written notice of the cancellation to the voter.
552	540		SECTION 30. Subchapter C, Chapter 16, Election Code, is
553	541		amended to read as follows:
554	542		SUBCHAPTER C. CHALLENGE OF CANCELLATION
555	543		Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person
556	544		whose voter registration is canceled may challenge the cancellation
557	545		at a hearing before the secretary of state [registrar].
558	546		Sec. 16.062. REQUEST FOR HEARING ON CHALLENGE. A person
559	547		desiring to challenge the cancellation of the person's registration
560	548		must file with the secretary of state [registrar] a written, signed
561	549		request for a hearing on the challenge.
562	550		Sec. 16.063. REINSTATEMENT PENDING CHALLENGE. (a) On the
563	551		filing of a hearing request under Section 16.062, the secretary of
564	552		state [registrar] shall reinstate the challenging voter's
565	553		registration pending determination of the challenge.
566	554		(b) Sections 16.037(c) and (d) apply to a reinstatement
567	555		under this section.
568	556		Sec. 16.064. HEARING ON CHALLENGE. (a) On the filing of a
569	557		hearing request, the secretary of state [registrar] shall schedule
570	558		a hearing on the challenge.
571	559		(b) The secretary of state [registrar] shall conduct the
572	560		hearing not later than the 10th day after the date the request is
573	561		filed or on a later date at the request of the challenging voter.
574	562		(c) The voter may appear personally at the hearing to offer
575	563		evidence or argument. The voter may offer evidence or argument by
576	564		affidavit without personally appearing if the voter submits the
577	565		affidavit to the secretary of state [registrar] before the hearing
578	566		begins.
579	567		Sec. 16.065. NOTICE OF HEARING. The secretary of state
580	568		[registrar] shall deliver written notice of the date, hour, and
581	569		place set for the hearing on the challenge to the challenging voter
582	570		not later than the second day after the date the hearing request is
583	571		filed.
584	572		Sec. 16.066. DETERMINATION OF CHALLENGE. (a) After
585	573		hearing and considering the evidence or argument, the secretary of
586	574		state [registrar] shall promptly determine the challenge and issue
587	575		a decision in writing.
588	576		(b) If the secretary of state [registrar] determines that
589	577		the registration should not have been canceled, the registration
590	578		continues in effect.
591	579		(c) If the secretary of state [registrar] determines that
592	580		the cancellation of the registration was proper, the secretary of
593	581		state [registrar] shall cancel the registration on the 31st day
594	582		after the date the secretary of state's [registrar's] decision is
595	583		issued.
596	584		(d) The secretary of state [registrar] shall retain a copy
597	585		of the decision on file with the duplicate registration certificate
598	586		of the challenging voter and shall deliver a copy to the voter.
599	587		SECTION 31. Subchapter D, Chapter 16, Election Code, is
600	588		amended to read as follows:
601	589		SUBCHAPTER D. CHALLENGE OF REGISTRATION
602	590		Sec. 16.091. RIGHT TO CHALLENGE REGISTRATION. Except as
603	591		otherwise provided by this subchapter, a registered voter may
604	592		challenge the registration of another voter [of the same county] at
605	593		a hearing before the secretary of state [registrar].
606	594		Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to
607	595		challenge a registration must file with the secretary of state
608	596		[registrar] a sworn statement of the grounds for the challenge
609	597		that:
610	598		(1) identifies the voter whose registration is being
611	599		challenged; and
612	600		(2) states a specific qualification for registration
613	601		that the challenged voter has not met based on the personal
614	602		knowledge of the voter desiring to challenge the registration or on
615	603		a public record.
616	604		Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
617	605		RESIDENCE. (a) Except as provided by Subsection (c), on the filing
618	606		of a sworn statement under Section 16.092 alleging a ground based on
619	607		residence, the secretary of state shall promptly forward a copy of
620	608		the sworn statement to the voter registrar who shall promptly
621	609		deliver to the voter whose registration is challenged a
622	610		confirmation notice in accordance with Section 15.051.
623	611		(b) If the voter fails to submit a response to the registrar
624	612		in accordance with Section 15.053, the registrar shall enter the
625	613		voter's name on the suspense list.
626	614		(c) The registrar may not deliver a confirmation notice
627	615		resulting from a sworn statement under Section 16.092 alleging a
628	616		ground based on residence filed after the 75th day before the date
629	617		of the general election for state and county officers until after
630	618		the date of that election. This subsection does not apply to a
631	619		person who submits a registration application after the 75th day
632	620		and prior to the 30th day before the general election for state and
633	621		county officers.
634	622		Sec. 16.093. HEARING ON CHALLENGE. (a) On the filing of a
635	623		sworn statement under Section 16.092 alleging a ground other than
636	624		residence, the secretary of state [registrar] shall schedule a
637	625		hearing on the challenge. The hearing procedure does not apply to
638	626		an allegation of a ground based on residence.
639	627		(b) The secretary of state [registrar] shall conduct the
640	628		hearing not later than the 20th day after the date the statement is
641	629		filed or on a later date requested by either party and agreed to by
642	630		both parties.
643	631		(c) A party may appear personally at the hearing to offer
644	632		evidence or argument. A party may offer evidence or argument by
645	633		affidavit without personally appearing if the party submits the
646	634		affidavit to the secretary of state [registrar] before the hearing
647	635		begins.
648	636		Sec. 16.094. NOTICE OF HEARING. (a) The secretary of state
649	637		[registrar] shall deliver written notice of the hearing on the
650	638		challenge to each party to the controversy not later than the 15th
651	639		day before the date of the hearing.
652	640		(b) The notice must include:
653	641		(1) the date, hour, and place set for the hearing; and
654	642		(2) a brief explanation of the right to appeal the
655	643		secretary of state's [registrar's] decision.
656	644		(c) The notice delivered to the voter whose registration is
657	645		challenged must be accompanied by a copy of the sworn statement of
658	646		the grounds for the challenge.
659	647		Sec. 16.095. DETERMINATION OF CHALLENGE. (a) After
660	648		hearing and considering the evidence or argument, the secretary of
661	649		state [registrar] shall promptly determine the challenge and issue
662	650		a decision in writing.
663	651		(b) If the secretary of state [registrar] determines that
664	652		the voter's registration should not be canceled, the registration
665	653		continues in effect.
666	654		(c) If the secretary of state [registrar] determines that
667	655		the voter's registration should be canceled, the secretary of state
668	656		[registrar] shall cancel the registration on the 31st day after the
669	657		date the secretary of state's [registrar's] decision is issued.
670	658		(d) The secretary of state [registrar] shall retain a copy
671	659		of the decision on file [with the duplicate registration
672	660		certificate of the voter whose registration was challenged] and
673	661		shall deliver a copy to each party to the challenge.
674	662		SECTION 32. Section 17.001, Election Code, is amended to
675	663		read as follows:
676	664		Sec. 17.001. RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION.
677	665		An applicant for voter registration is entitled to appeal an
678	666		adverse decision issued by the secretary of state [registrar] under
679	667		Section 13.079.
680	668		SECTION 33. Section 17.002, Election Code, is amended to
681	669		read as follows:
682	670		Sec. 17.002. RIGHT OF APPEAL BY REGISTERED VOTER. A party
683	671		to a challenge under Subchapter C or D of Chapter 16 is entitled to
684	672		appeal an adverse decision issued by the secretary of state
685	673		[registrar].
686	674		SECTION 34. Section 17.004, Election Code, is amended to
687	675		read as follows:
688	676		Sec. 17.004. COPY FILED WITH SECRETARY OF STATE
689	677		[REGISTRAR]. (a) Not later than the deadline for filing a petition
690	678		for review, the petitioner must deliver a copy of the petition to
691	679		the secretary of state [registrar who issued the adverse decision].
692	680		(b) A petition delivered by mail is considered to be
693	681		delivered at the time of its receipt by the secretary of state
694	682		[registrar].
695	683		SECTION 35. Section 17.005, Election Code, is amended to
696	684		read as follows:
697	685		Sec. 17.005. CANCELLATION DELAYED PENDING APPEAL. If a
698	686		voter's registration is to be canceled following a decision from
699	687		which an appeal is taken, the secretary of state [registrar] shall
700	688		delay canceling the registration, pending the outcome of the
701	689		appeal, on the timely delivery of the copy of the petition for
702	690		review.
703	691		SECTION 36. Section 17.006, Election Code, is amended to
704	692		read as follows:
705	693		Sec. 17.006. VENUE. Venue of an appeal under this chapter
706	694		is in the county where the person whose application or registration
707	695		is being challenged resides [served by the registrar who issued the
708	696		decision from which the appeal is taken].
709	697		SECTION 37. Section 17.007(c), Election Code, is amended to
710	698		read as follows:
711	699		(c) The court may not admit in evidence the fact of prior
712	700		action by the secretary of state [registrar], except to the extent
713	701		necessary to establish its jurisdiction.
714	702		SECTION 38. Section 18.061(b), Election Code, is amended to
715	703		read as follows:
716	704		(b) The statewide computerized voter registration list
717	705		must:
718	706		(1) contain the name and registration information of
719	707		each voter registered in the state;
720	708		(2) assign a unique identifier to each registered
721	709		voter; [and]
722	710		(3) assign an electronic indicator to a registered
723	711		voter about whom the secretary of state has received an abstract
724	712		under Section 16.002 or 16.003 without removing that voter from the
725	713		list; and
726	714		(4) be available to any election official in the state
727	715		through immediate electronic access.
728	716		SECTION 39. Section 18.064, Election Code, is amended to
729	717		read as follows:
730	718		Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
731	719		fails to substantially comply with Section 15.083, 16.032, 16.0332,
732	720		[or] 18.061, or 18.068 or with rules adopted by the secretary of
733	721		state implementing the statewide computerized voter registration
734	722		list, the registrar is not entitled to receive state funds for
735	723		financing voter registration in the county.
736	724		SECTION 40. Section 18.065, Election Code, is amended by
737	725		amending Subsection (a) and adding Subsection (e) to read as
738	726		follows:
739	727		(a) The secretary of state shall monitor each registrar for
740	728		substantial compliance with Sections 15.083, 16.032, 16.0332,
741	729		[and] 18.061, and 18.068 and with rules implementing the statewide
742	730		computerized voter registration list.
743	731		(e) The secretary of state shall annually audit the voter
744	732		registrar for each county's compliance with Sections 15.083,
745	733		16.032, 16.0332, 18.061, and 18.068, and not later than December
746	734		31, file a copy of the audit with the legislature.
747	735		SECTION 41. Section 18.068, Election Code, is amended to
748	736		read as follows:
749	737		Sec. 18.068. COMPARISON OF INFORMATION REGARDING
750	738		INELIGIBILITY. (a) The secretary of state shall as frequently as
751	739		possible [quarterly] compare the information received under
752	740		Sections [Section] 16.001, 16.002, and 16.003 of this code and
753	741		Section 62.113, Government Code, to the statewide computerized
754	742		voter registration list.
755	743		(a-1) The secretary of state shall enter into an agreement
756	744		with the Department of Public Safety under which information in the
757	745		database of the Department of Public Safety is provided to the
758	746		secretary of state if the information concerns a person who:
759	747		(1) is at least 18 years of age;
760	748		(2) has a valid driver's license or personal
761	749		identification card issued by the Department of Public Safety; and
762	750		(3) has indicated the person is not a citizen in
763	751		connection with an application for a new or renewal driver's
764	752		license or personal identification card.
765	753		(a-2) If the secretary of state determines from information
766	754		received under Subsection (a) or (a-1) that a voter on the
767	755		registration list may be ineligible to vote [is deceased or has been
768	756		excused or disqualified from jury service because the voter is not a
769	757		citizen], the secretary shall send notice of the determination to
770	758		the attorney general and the voter registrar of the counties
771	759		considered appropriate by the secretary.
772	760		(b) The secretary of state shall by rule determine what
773	761		information combinations identified as common to a voter and to an
774	762		individual who is deceased or ineligible to vote constitute a weak
775	763		match or a strong match in order to:
776	764		(1) produce the least possible impact on Texas voters;
777	765		and
778	766		(2) fulfill its responsibility to manage the voter
779	767		rolls.
780	768		(c) The secretary of state may not determine that a voter is
781	769		deceased or ineligible to vote based on a weak match. The
782	770		secretary of state may inform the county of the voter's residence
783	771		that a weak match exists.
784	772		(d) On receiving notification from the secretary of state
785	773		under Subsection (c) that a weak match of identifying information
786	774		exists for a county voter and an individual who is deceased, the
787	775		county shall investigate whether the voter is the individual who is
788	776		deceased.
789	777		(e) The secretary of state may determine that a voter is
790	778		deceased or ineligible to vote based on a strong match.
791	779		(f) The secretary of state may obtain, for purposes of
792	780		determining whether a voter is deceased or ineligible to vote,
793	781		information from other state agency databases or available federal
794	782		agency databases relating to a voter that is the same type of
795	783		information that the secretary of state or a voter registrar
796	784		collects or stores for voter registration purposes.
797	785		(g) Not later than December 31 of each year, the secretary
798	786		of state shall provide a report to the legislature of the number of
799	787		voters determined to be ineligible under this section during the
800	788		calendar year. The report must include the reason for
801	789		ineligibility for each voter and the result of each investigation
802	790		conducted by a county under Subsection (d).
803	791		SECTION 42. Section 18.0681(d), Election Code, is amended
804	792		to read as follows:
805	793		(d) If the secretary of state determines that a voter on the
806	794		registration list has more than one registration record on file
807	795		based on a strong match, the secretary shall send notice of the
808	796		determination to the voter registrar of each county in which the
809	797		voter is registered to vote. If the voter records identified are:
810	798		(1) located in the same county, the voter registrar
811	799		shall [may] merge the records following a determination that each
812	800		record belongs to the same voter using the procedure for the
813	801		correction of registration records under Section 15.022; or
814	802		(2) located in more than one county, the registrar of
815	803		the county with the oldest record shall [may] deliver a written
816	804		confirmation notice in accordance with Section 15.051.
817	805		SECTION 43. Section 18.069, Election Code, is amended to
818	806		read as follows:
819	807		Sec. 18.069. VOTING HISTORY. Not later than the 30th day
820	808		after the date of the primary, runoff primary, or general election
821	809		or any special election ordered by the governor, the general
822	810		custodian of election records [registrar] shall electronically
823	811		submit to the secretary of state the record of each voter
824	812		participating in the election. The record must include a notation
825	813		of whether the voter voted on election day, voted early by personal
826	814		appearance, voted early by mail under Chapter 86, or voted early by
827	815		mail under Chapter 101.
828	816		SECTION 44. Section 20.062, Election Code, is amended by
829	817		amending Subsections (a) and (b) and adding Subsection (d) to read
830	818		as follows:
831	819		(a) The Department of Public Safety shall prescribe and use
832	820		a form and procedure that combines the department's application
833	821		form for a license or card with an officially prescribed voter
834	822		registration application form for each United States citizen who
835	823		applies in person at the department's offices or online at the
836	824		department's Internet website.
837	825		(b) The department shall prescribe and use a change of
838	826		address form and procedure that combines department and voter
839	827		registration functions. The form must allow a licensee or
840	828		cardholder to indicate that [whether] the change of address is not
841	829		[also to be used] for voter registration purposes.
842	830		(d) A procedure prescribed under this section must provide
843	831		for the electronic transmission of an applicant's voter
844	832		registration data by the department to the secretary of state in
845	833		accordance with Section 20.066.
846	834		SECTION 45. Sections 20.063(a) and (c), Election Code, are
847	835		amended to read as follows:
848	836		(a) The Department of Public Safety shall provide to each
849	837		United States citizen [person] who applies in person or online at
850	838		the department's Internet website [at the department's offices] for
851	839		an original or renewal of a driver's license, a personal
852	840		identification card, or a duplicate or corrected license or card an
853	841		opportunity to complete a voter registration application form.
854	842		(c) A change of address that relates to a license or card and
855	843		that is submitted to the department in person, [or] by mail, or
856	844		online at the department's Internet website serves as a change of
857	845		address for voter registration unless the licensee or cardholder
858	846		indicates that the change is not for voter registration purposes.
859	847		The date of submission of a change of address to a department
860	848		employee is considered to be the date of submission to the voter
861	849		registrar for the purpose of determining the effective date of
862	850		registration [only].
863	851		SECTION 46. Section 20.091, Election Code, is amended to
864	852		read as follows:
865	853		Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. The other
866	854		provisions of this chapter do not apply to a public library unless
867	855		specifically provided by the provision or by a rule adopted by the
868	856		secretary of state [except provisions that conflict with this
869	857		subchapter].
870	858		SECTION 47. Section 31.006(a), Election Code, is amended to
871	859		read as follows:
872	860		(a) If, based on information received or discovered [after
873	861		receiving a complaint alleging criminal conduct in connection with
874	862		an election], the secretary of state determines that there is
875	863		reasonable cause to suspect that [the alleged] criminal conduct in
876	864		connection with an election occurred, the secretary shall promptly
877	865		refer the matter [complaint] to the attorney general. The
878	866		secretary shall deliver to the attorney general all pertinent
879	867		documents and other material in the secretary's possession.
880	868		SECTION 48. Section 66.058, Election Code, is amended by
881	869		adding Subsection (i) to read as follows:
882	870		(i) Upon written request from a certified peace officer
883	871		investigating an offense under this code or an attorney prosecuting
884	872		an offense under this code, the authority who is preserving
885	873		election records under this section shall provide the officer or
886	874		attorney the complete, unredacted records requested. Information
887	875		produced under this subsection is confidential and not subject to
888	876		disclosure under Chapter 552, Government Code.
889	877		SECTION 49. The following provisions of the Election Code
890	878		are repealed:
891	879		(1) Section 13.041;
892	880		(2) Section 13.074(c);
893	881		(3) Section 13.076(b);
894	882		(4) Section 13.077(d);
895	883		(5) Section 13.078(b);
896	884		(6) Sections 13.143(d) and (e);
897	885		(7) Sections 15.082(c) and (d);
898	886		(8) Subchapter F, Chapter 15;
899	887		(9) Section 18.0121;
900	888		(10) Section 18.0051; and
901	889		(11) Section 18.008(c).
902	890		SECTION 50. The changes in law made by this Act apply only
903	891		to an application to register to vote submitted on or after the
904	892		effective date of this Act.
905	893		SECTION 51. Section 6, Article 42.03, Code of Criminal
906	894		Procedure, as added by this Act, and Sections 16.003 and 16.005,
907	895		Election Code, as amended by this Act, apply only to a person
908	896		convicted of a felony on or after the effective date of this Act.
909	897		SECTION 52. The secretary of state and the Department of
910	898		Public Safety of the State of Texas are required to implement a
911	899		provision of this Act only if the legislature appropriates money
912	900		specifically for that purpose. If the legislature does not
913	901		appropriate money specifically for that purpose, the secretary of
914	902		state or the Department of Public Safety of the State of Texas may,
915	903		but is not required to, implement a provision of this Act using
916	904		other appropriations available for that purpose.
917	905		SECTION 53. This Act takes effect September 1, 2021.
	906	+	* * * * *