Texas 2021 - 87th Regular

Texas Senate Bill SB1609 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R9714 TSS-D
2	2	By: Hall S.B. No. 1609
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to proof of identification presented by a voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 18.005, Election Code, is amended by
10	10	amending Subsection (a) and adding Subsection (d) to read as
11	11	follows:
12	12	(a) Each original and supplemental list of registered
13	13	voters must:
14	14	(1) contain the voter's name, date of birth, and
15	15	registration number as provided by the statewide computerized voter
16	16	registration list;
17	17	(2) contain the voter's residence address, except as
18	18	provided by Subsections (b) and (c) or Section 18.0051;
19	19	(3) be arranged alphabetically by voter name; [and]
20	20	(4) contain the notation required by Section 15.111;
21	21	and
22	22	(5) contain the voter's photograph if provided to the
23	23	registrar under an agreement made under Subsection (d).
24	24	(d) A voter registrar shall enter into an agreement with the
25	25	Department of Public Safety under which a photograph in the
26	26	database of the Department of Public Safety is provided to the
27	27	registrar if the photograph is of a registered voter in the county.
28	28	SECTION 2. Sections 63.001(b), (d), and (e), Election Code,
29	29	are amended to read as follows:
30	30	(b) Except as provided by Subsection (h), on offering to
31	31	vote, a voter must present to an election officer at the polling
32	32	place[:
33	33	[(1)] one form of photo identification listed in
34	34	Section 63.0101(a)[; or
35	35	[(2) one form of identification listed in Section
36	36	63.0101(b) accompanied by the declaration described by Subsection
37	37	(i)].
38	38	(d) If, as determined under Subsection (c), the voter's name
39	39	is on the precinct list of registered voters and the voter's
40	40	identity can be verified from the documentation presented under
41	41	Subsection (b), the voter shall be accepted for voting. [An
42	42	election officer may not question the reasonableness of an
43	43	impediment sworn to by a voter in a declaration described by
44	44	Subsection (i).]
45	45	(e) On accepting a voter, an election officer shall indicate
46	46	beside the voter's name on the list of registered voters that the
47	47	voter is accepted for voting. [If the voter executes a declaration
48	48	of reasonable impediment to meet the requirement for identification
49	49	under Subsection (b), the election officer must affix the voter's
50	50	voter registration number to the declaration either in numeric or
51	51	bar code form.]
52	52	SECTION 3. Section 63.004(a), Election Code, is amended to
53	53	read as follows:
54	54	(a) The secretary of state may prescribe forms that combine
55	55	the poll list, the signature roster, or any other form used in
56	56	connection with the acceptance of voters at polling places with
57	57	each other or with the list of registered voters. The secretary
58	58	shall prescribe any special instructions necessary for using the
59	59	combination forms. [The combination forms must include space for
60	60	an election officer to indicate whether a voter executed a
61	61	declaration of reasonable impediment under Section 63.001(i).]
62	62	SECTION 4. Section 63.0101(a), Election Code, is amended to
63	63	read as follows:
64	64	(a) The following documentation is an acceptable form of
65	65	photo identification under this chapter:
66	66	(1) a driver's license, election identification
67	67	certificate, or personal identification card issued to the voter
68	68	[person] by the Department of Public Safety that has not expired or
69	69	that expired no earlier than four years before the date of
70	70	presentation;
71	71	(2) a United States military identification card that
72	72	contains the voter's [person's] photograph that has not expired or
73	73	that expired no earlier than four years before the date of
74	74	presentation;
75	75	(3) a United States citizenship certificate issued to
76	76	the voter [person] that contains the voter's [person's] photograph;
77	77	(4) a United States passport book or card issued to the
78	78	voter [person] that has not expired or that expired no earlier than
79	79	four years before the date of presentation; [or]
80	80	(5) a license to carry a handgun issued to the voter
81	81	[person] by the Department of Public Safety that has not expired or
82	82	that expired no earlier than four years before the date of
83	83	presentation;
84	84	(6) an official Native American identification card or
85	85	tribal document that:
86	86	(A) contains the voter's photograph and address;
87	87	and
88	88	(B) is issued by a tribal organization or by a
89	89	tribe that is federally recognized and located in this state; or
90	90	(7) an identification card issued by an institution of
91	91	higher education located in this state that contains the voter's
92	92	photograph and identifies the voter as a citizen of the United
93	93	States.
94	94	SECTION 5. Section 84.002, Election Code, is amended by
95	95	amending Subsection (a) and adding Subsection (c) to read as
96	96	follows:
97	97	(a) An early voting ballot application must include:
98	98	(1) the applicant's name and the address at which the
99	99	applicant is registered to vote;
100	100	(1-a) a photograph or copy of a form of photo
101	101	identification listed in Section 63.0101(a);
102	102	(2) for an application for a ballot to be voted by mail
103	103	on the ground of absence from the county of residence, the address
104	104	outside the applicant's county of residence to which the ballot is
105	105	to be mailed;
106	106	(3) for an application for a ballot to be voted by mail
107	107	on the ground of age or disability, the address of the hospital,
108	108	nursing home or other long-term care facility, or retirement
109	109	center, or of a person related to the applicant within the second
110	110	degree by affinity or the third degree by consanguinity, as
111	111	determined under Chapter 573, Government Code, if the applicant is
112	112	living at that address and that address is different from the
113	113	address at which the applicant is registered to vote;
114	114	(4) for an application for a ballot to be voted by mail
115	115	on the ground of confinement in jail, the address of the jail or of a
116	116	person related to the applicant within the degree described by
117	117	Subdivision (3);
118	118	(5) for an application for a ballot to be voted by mail
119	119	on any ground, an indication of each election for which the
120	120	applicant is applying for a ballot; and
121	121	(6) an indication of the ground of eligibility for
122	122	early voting.
123	123	(c) Section 63.0101(c) applies to documentation provided
124	124	under this section.
125	125	SECTION 6. Section 84.011(a), Election Code, is amended to
126	126	read as follows:
127	127	(a) The officially prescribed application form for an early
128	128	voting ballot must include:
129	129	(1) immediately preceding the signature space the
130	130	statement: "I certify that the information given in this
131	131	application is true, and I understand that giving false information
132	132	in this application is a crime.";
133	133	(2) a statement informing the applicant of the
134	134	offenses prescribed by Sections 84.003 and 84.004;
135	135	(3) spaces for entering an applicant's voter
136	136	registration number and county election precinct of registration,
137	137	with a statement informing the applicant that failure to furnish
138	138	that information does not invalidate the application; and
139	139	(4) on an application for a ballot to be voted by mail:
140	140	(A) a space for an applicant applying on the
141	141	ground of absence from the county of residence to indicate the date
142	142	on or after which the applicant can receive mail at the address
143	143	outside the county;
144	144	(B) a space for indicating the fact that an
145	145	applicant whose application is signed by a witness cannot make the
146	146	applicant's mark and a space for indicating the relationship or
147	147	lack of relationship of the witness to the applicant;
148	148	(C) a space for entering an applicant's telephone
149	149	number, with a statement informing the applicant that failure to
150	150	furnish that information does not invalidate the application;
151	151	(D) a space or box for an applicant applying on
152	152	the ground of age or disability to indicate that the address to
153	153	which the ballot is to be mailed is the address of a facility or
154	154	relative described by Section 84.002(a)(3), if applicable;
155	155	(E) a space or box for an applicant applying on
156	156	the ground of confinement in jail to indicate that the address to
157	157	which the ballot is to be mailed is the address of a relative
158	158	described by Section 84.002(a)(4), if applicable;
159	159	(F) a space for an applicant applying on the
160	160	ground of age or disability to indicate if the application is an
161	161	application under Section 86.0015;
162	162	(G) spaces for entering the signature, printed
163	163	name, and residence address of any person assisting the applicant;
164	164	(H) a statement informing the applicant of the
165	165	condition prescribed by Section 81.005; [and]
166	166	(I) a statement informing the applicant of the
167	167	requirement prescribed by Section 86.003(c); and
168	168	(J) a statement informing the applicant of the
169	169	requirement that the applicant include a photograph or copy of
170	170	identification described by Section 84.002(a)(1-a).
171	171	SECTION 7. Section 86.001, Election Code, is amended by
172	172	adding Subsection (f) to read as follows:
173	173	(f) If the application does not include a photograph or copy
174	174	of a form of photo identification listed in Section 63.0101(a), the
175	175	clerk shall reject the application.
176	176	SECTION 8. Section 272.011(b), Election Code, is amended to
177	177	read as follows:
178	178	(b) The secretary of state shall prepare the translation for
179	179	election materials required to be provided in a language other than
180	180	English or Spanish for the following state prescribed voter forms:
181	181	(1) voter registration application form required by
182	182	Section 13.002;
183	183	(2) the confirmation form required by Section 15.051;
184	184	(3) the voting instruction poster required by Section
185	185	62.011;
186	186	(4) [the reasonable impediment declaration required
187	187	by Section 63.001(b);
188	188	[(5)] the statement of residence form required by
189	189	Section 63.0011;
190	190	(5) [(6)] the provisional ballot affidavit required
191	191	by Section 63.011;
192	192	(6) [(7)] the application for a ballot by mail
193	193	required by Section 84.011;
194	194	(7) [(8)] the carrier envelope and voting
195	195	instructions required by Section 86.013; and
196	196	(8) [(9)] any other voter forms that the secretary of
197	197	state identifies as frequently used and for which state resources
198	198	are otherwise available.
199	199	SECTION 9. Subchapter H, Chapter 411, Government Code, is
200	200	amended by adding Section 411.1791 to read as follows:
201	201	Sec. 411.1791. FORM OF NONCITIZEN LICENSE. In adopting the
202	202	form of a license under Section 411.179(a), the department shall
203	203	ensure that a license issued to a person who is not a citizen of the
204	204	United States:
205	205	(1) has a substantially different design from a
206	206	license issued to a person who is a citizen; and
207	207	(2) displays the word "NONCITIZEN" on both the front
208	208	and back of the license.
209	209	SECTION 10. Subchapter H, Chapter 411, Government Code, is
210	210	amended by adding Section 411.1955 to read as follows:
211	211	Sec. 411.1955. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In
212	212	this section, "indigent" means a person who is not financially able
213	213	to afford a fee under this subchapter.
214	214	(b) An indigent individual is entitled to an exemption from
215	215	the payment of fees for the issuance of an original or renewed
216	216	license under this subchapter.
217	217	(c) The department shall adopt criteria and a process to
218	218	determine if an individual is indigent and any other rules or
219	219	procedures necessary to implement this section.
220	220	SECTION 11. Subchapter B, Chapter 531, Government Code, is
221	221	amended by adding Section 531.024132 to read as follows:
222	222	Sec. 531.024132. VOTER IDENTIFICATION ACQUISITION FOR
223	223	INDIVIDUALS WITH A DISABILITY. (a) The commission shall develop
224	224	and implement a voter identification acquisition program to assist
225	225	an individual with a disability who is registered to vote in
226	226	obtaining an original, renewal, or duplicate form of photo
227	227	identification listed in Section 63.0101(a), Election Code, by:
228	228	(1) providing the individual with transportation to
229	229	the office of a state or federal agency; or
230	230	(2) coordinating with an employee of a state or
231	231	federal agency to transport the employee to the individual's home
232	232	or another location convenient to the individual.
233	233	(b) The commission may adopt rules necessary to implement
234	234	this section.
235	235	SECTION 12. Subchapter E, Chapter 521, Transportation Code,
236	236	is amended by adding Section 521.1011 to read as follows:
237	237	Sec. 521.1011. DESIGNATOR ON CERTIFICATE ISSUED TO
238	238	NONCITIZEN. A personal identification certificate issued to a
239	239	person who is not a citizen of the United States must:
240	240	(1) have a substantially different design from a
241	241	personal identification certificate issued to a person who is a
242	242	citizen; and
243	243	(2) display the word "NONCITIZEN" on both the front
244	244	and back of the certificate.
245	245	SECTION 13. Subchapter F, Chapter 521, Transportation Code,
246	246	is amended by adding Section 521.1231 to read as follows:
247	247	Sec. 521.1231. DESIGNATOR ON LICENSE ISSUED TO NONCITIZEN.
248	248	A driver's license issued to an applicant who is not a citizen of
249	249	the United States must:
250	250	(1) have a substantially different design from a
251	251	driver's license issued to a person who is a citizen; and
252	252	(2) display the word "NONCITIZEN" on both the front
253	253	and back of the license.
254	254	SECTION 14. Subchapter R, Chapter 521, Transportation Code,
255	255	is amended by adding Section 521.4268 to read as follows:
256	256	Sec. 521.4268. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In
257	257	this section, "indigent" means a person who is not financially able
258	258	to afford a fee under this chapter.
259	259	(b) An indigent individual is entitled to an exemption from
260	260	the payment of fees under this chapter for the issuance of a
261	261	driver's license or personal identification certificate.
262	262	(c) The department shall adopt criteria and a process to
263	263	determine if an individual is indigent and any other rules or
264	264	procedures necessary to implement this section.
265	265	SECTION 15. The following provisions of the Election Code
266	266	are repealed:
267	267	(1) Section 63.001(i);
268	268	(2) Section 63.0013; and
269	269	(3) Section 63.0101(b).
270	270	SECTION 16. The changes in law made by this Act apply only
271	271	to an application to vote an early voting ballot by mail submitted
272	272	on or after the effective date of this Act. An application to vote
273	273	an early voting ballot by mail submitted before the effective date
274	274	of this Act is governed by the law in effect when the application
275	275	was submitted, and the former law is continued in effect for that
276	276	purpose.
277	277	SECTION 17. The changes in law made by this Act apply only
278	278	to a license to carry a handgun, personal identification
279	279	certificate, or driver's license issued or renewed on or after the
280	280	effective date of this Act. A license to carry a handgun, personal
281	281	identification certificate, or driver's license issued or renewed
282	282	before the effective date of this Act is governed by the law in
283	283	effect when the license or certificate was issued or renewed, and
284	284	the former law is continued in effect for that purpose.
285	285	SECTION 18. This Act takes effect immediately if it
286	286	receives a vote of two-thirds of all the members elected to each
287	287	house, as provided by Section 39, Article III, Texas Constitution.
288	288	If this Act does not receive the vote necessary for immediate
289	289	effect, this Act takes effect September 1, 2021.