Texas 2021 - 87th Regular

Texas Senate Bill SB1610 Compare Versions

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

Old	New	Differences
1	1	87R9713 TSS-D
2	2	By: Hall S.B. No. 1610
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voter qualification and registration.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13.002(c), Election Code, is amended to
10	10	read as follows:
11	11	(c) A registration application must include:
12	12	(1) the applicant's first name, middle name, if any,
13	13	last name, and former name, if any;
14	14	(2) the month, day, and year of the applicant's birth;
15	15	(3) a statement that the applicant is a United States
16	16	citizen;
17	17	(4) a statement that the applicant is a resident of the
18	18	county;
19	19	(5) a statement that the applicant has not been
20	20	determined by a final judgment of a court exercising probate
21	21	jurisdiction to be:
22	22	(A) totally mentally incapacitated; or
23	23	(B) partially mentally incapacitated without the
24	24	right to vote;
25	25	(6) a statement that the applicant has not been
26	26	finally convicted of a felony or that the applicant is a felon
27	27	eligible for registration under Section 13.001;
28	28	(7) the applicant's residence address or, if the
29	29	residence has no address, the address at which the applicant
30	30	receives mail and a concise description of the location of the
31	31	applicant's residence;
32	32	(8) the following information:
33	33	(A) the applicant's Texas driver's license number
34	34	or the number of a personal identification card issued by the
35	35	Department of Public Safety and the applicant's social security
36	36	number;
37	37	(B) if the applicant has not been issued one of
38	38	the numbers [a number] described by Paragraph (A), the number
39	39	described by Paragraph (A) that the applicant has been issued and a
40	40	statement by the applicant that the applicant has not been issued
41	41	the other number [the last four digits of the applicant's social
42	42	security number]; or
43	43	(C) a statement by the applicant that the
44	44	applicant has not been issued a number described by Paragraph (A)
45	45	[or (B)];
46	46	(9) if the application is made by an agent, a statement
47	47	of the agent's relationship to the applicant; [and]
48	48	(10) the city and county in which the applicant
49	49	formerly resided; and
50	50	(11) a list of all counties in this state in which the
51	51	applicant is or has been registered to vote.
52	52	SECTION 2. Section 13.004, Election Code, is amended by
53	53	adding Subsections (f) and (g) to read as follows:
54	54	(f) The registrar shall furnish a copy of a list of voters
55	55	registered in the county to any person requesting it or shall
56	56	furnish that portion of the list requested. A list or portion of a
57	57	list provided under this subsection may not include information
58	58	made confidential under Subsection (c) or other law.
59	59	(g) The registrar may not charge a fee for providing a list
60	60	or portion of a list under Subsection (f).
61	61	SECTION 3. Section 13.071, Election Code, is amended to
62	62	read as follows:
63	63	Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
64	64	shall review each submitted application for registration to
65	65	determine whether it complies with Section 13.002 and indicates
66	66	that the applicant is a United States citizen eligible for
67	67	registration.
68	68	(b) If the application is submitted to the Department of
69	69	Public Safety in person with the proof of citizenship required by
70	70	Section 20.063(e), the [The] registrar shall make the determination
71	71	not later than the seventh day after the date the application is
72	72	submitted to the registrar.
73	73	(c) If the application is submitted in a manner other than
74	74	the manner described by Subsection (b), the registrar shall forward
75	75	the information relating to the applicant to the secretary of state
76	76	for determining citizenship as provided by Section 13.0721.
77	77	SECTION 4. Section 13.072, Election Code, is amended by
78	78	amending Subsection (a) and adding Subsections (a-1), (a-2), and
79	79	(e) to read as follows:
80	80	(a) Unless the registrar challenges the applicant, the
81	81	registrar shall approve the application if:
82	82	(1) the registrar determines that an application
83	83	complies with Section 13.002 and indicates that the applicant is
84	84	eligible for registration; [and]
85	85	(2) for an applicant who has not included a statement
86	86	described by Section 13.002(c)(8)(C), the registrar verifies with
87	87	the secretary of state:
88	88	(A) the applicant's Texas driver's license number
89	89	or number of a personal identification card issued by the
90	90	Department of Public Safety; [or]
91	91	(B) the [last four digits of the] applicant's
92	92	social security number; or
93	93	(C) both the numbers described by Paragraphs (A)
94	94	and (B), if provided by the applicant;
95	95	(3) the registrar determines that the residence
96	96	address or residence description provided by the applicant under
97	97	Section 13.002(c)(7):
98	98	(A) corresponds to a house, apartment building,
99	99	lodging house, boarding house, dormitory, residence hall, group
100	100	home, residential treatment center, nursing home, nursing or
101	101	long-term care facility, correctional facility, dormitory or
102	102	residence hall, shelter, or any other location at which a person
103	103	could reasonably reside; and
104	104	(B) has not been used as a residence address or
105	105	description by a number of applicants for voter registration
106	106	greater than the number of people that could reasonably reside at
107	107	the address; and
108	108	(4) the registrar verifies the applicant's signature
109	109	by comparing it with any signature of the voter obtained from the
110	110	Department of Public Safety.
111	111	(a-1) A voter registrar shall enter into an agreement with
112	112	the Department of Public Safety under which a signature in the
113	113	database of the Department of Public Safety is provided to the
114	114	registrar if it is a signature of a person over the age of 18 who
115	115	resides in the county.
116	116	(a-2) Before approving an application by an applicant who
117	117	has indicated that they are or have been registered in another
118	118	county under Section 13.002(c)(11), the registrar shall obtain from
119	119	the other county's registrar any information or documentation
120	120	relating to the applicant in the possession of the other county's
121	121	registrar.
122	122	(e) If the registrar is unable to make a determination
123	123	regarding the residence address or description provided by the
124	124	applicant under Subsection (a)(3), the registrar shall challenge
125	125	the applicant under Section 13.074.
126	126	SECTION 5. Subchapter C, Chapter 13, Election Code, is
127	127	amended by adding Section 13.0721 to read as follows:
128	128	Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
129	129	section does not apply to an application for registration submitted
130	130	to the Department of Public Safety in person with the proof of
131	131	citizenship required by Section 20.063(e).
132	132	(b) The secretary of state shall verify with the Department
133	133	of Public Safety the citizenship status of each applicant for voter
134	134	registration whose information is forwarded to the secretary of
135	135	state as provided by Section 13.071(c). If the department verifies
136	136	the applicant's citizenship status, the secretary of state shall
137	137	notify the registrar. If the department does not have information
138	138	regarding the citizenship status of the applicant or has
139	139	information indicating that the applicant is not a citizen, the
140	140	registrar and the applicant shall be notified as provided by
141	141	secretary of state rule.
142	142	(c) An applicant for voter registration who receives notice
143	143	under Subsection (b) must provide proof of citizenship to the
144	144	registrar not later than the 60th day after the date of receipt.
145	145	Except as provided by Subsection (d), this proof must be presented
146	146	in person. The following is acceptable as proof of citizenship
147	147	under this section:
148	148	(1) an unexpired passport issued to the person;
149	149	(2) a certified copy of a birth certificate or other
150	150	document confirming the person's birth that is admissible in a
151	151	court of law and establishes the person's identity, presented with
152	152	a government-issued identification that contains the person's
153	153	photograph; or
154	154	(3) United States citizenship papers issued to the
155	155	person, presented with a government-issued identification that
156	156	contains the person's photograph.
157	157	(d) An applicant may mail a certified copy of a document
158	158	described by Subsection (c)(2) or (3) with a copy of the person's
159	159	government-issued photo identification to the registrar.
160	160	(e) If an applicant does not provide proof of citizenship as
161	161	required, the registrar shall cancel the registration and notify
162	162	the secretary of state. The secretary of state shall keep a list of
163	163	applicants of whom the secretary receives notice under this
164	164	section.
165	165	(f) The secretary of state shall adopt rules and prescribe
166	166	procedures to implement this section.
167	167	SECTION 6. Section 15.021, Election Code, is amended by
168	168	adding Subsection (d-1) to read as follows:
169	169	(d-1) If the registrar receives a notification from the
170	170	Department of Public Safety under Section 521.054(e),
171	171	Transportation Code, that a voter registered in the registrar's
172	172	county has changed the voter's address, the registrar shall
173	173	consider the notification a notice submitted under Subsection (a).
174	174	SECTION 7. Section 15.082(b), Election Code, is amended to
175	175	read as follows:
176	176	(b) The registrar may not charge a fee for a [each] list or
177	177	portion of a list furnished under this section [may not exceed the
178	178	actual expense incurred in reproducing the list or portion for the
179	179	person requesting it and shall be uniform for each type of copy
180	180	furnished. The registrar shall make reasonable efforts to minimize
181	181	the reproduction expenses].
182	182	SECTION 8. Section 15.084(b), Election Code, is amended to
183	183	read as follows:
184	184	(b) The secretary of state may not charge a fee for a [each]
185	185	list or portion of a list furnished under this section [may not
186	186	exceed the actual expense incurred in reproducing the list or
187	187	portion for the person requesting it and shall be uniform for each
188	188	type of copy furnished].
189	189	SECTION 9. Subchapter A, Chapter 16, Election Code, is
190	190	amended by adding Section 16.0035 to read as follows:
191	191	Sec. 16.0035. TAX RECORD AUDIT. (a) Once per year, the
192	192	county tax assessor-collector shall audit the county's tax records
193	193	to determine if the records indicate that a person 18 years or older
194	194	who has resided in the county in the previous year has died, is no
195	195	longer a resident of the county, is not a citizen of the United
196	196	States, or is otherwise ineligible to vote.
197	197	(b) The tax assessor-collector shall forward the records
198	198	described by Subsection (a) to the registrar for cancellation
199	199	following investigation under Section 16.033.
200	200	SECTION 10. Section 16.033(b), Election Code, is amended to
201	201	read as follows:
202	202	(b) If the registrar receives a record under Section 16.0035
203	203	or otherwise has reason to believe that a voter is no longer
204	204	eligible for registration, the registrar shall deliver written
205	205	notice to the voter indicating that the voter's registration status
206	206	is being investigated by the registrar. The notice shall be
207	207	delivered by forwardable mail to the mailing address on the voter's
208	208	registration application and to any new address of the voter known
209	209	to the registrar. If the secretary of state has adopted or
210	210	recommended a form for a written notice under this section, the
211	211	registrar must use that form.
212	212	SECTION 11. Section 16.0332(a), Election Code, is amended
213	213	to read as follows:
214	214	(a) After the registrar receives a list under Section 18.068
215	215	of this code or Section 62.113, Government Code, of persons excused
216	216	or disqualified from jury service or otherwise determined to be
217	217	ineligible to vote because of citizenship status, the registrar
218	218	shall deliver to each registered voter whose name appears on the
219	219	list a written notice requiring the voter to submit to the registrar
220	220	proof of United States citizenship in the form of a certified copy
221	221	of the voter's birth certificate, United States passport, or
222	222	certificate of naturalization or any other form prescribed by the
223	223	secretary of state. The notice shall be delivered by forwardable
224	224	mail to the mailing address on the voter's registration application
225	225	and to any new address of the voter known to the registrar.
226	226	SECTION 12. Section 18.005, Election Code, is amended by
227	227	amending Subsection (a) and adding Subsection (d) to read as
228	228	follows:
229	229	(a) Each original and supplemental list of registered
230	230	voters must:
231	231	(1) contain the voter's name, date of birth, and
232	232	registration number as provided by the statewide computerized voter
233	233	registration list;
234	234	(2) contain the voter's residence address, except as
235	235	provided by Subsections (b) and (c) or Section 18.0051;
236	236	(3) be arranged alphabetically by voter name; [and]
237	237	(4) contain the notation required by Section 15.111;
238	238	and
239	239	(5) contain the voter's photograph if provided to the
240	240	registrar under an agreement made under Subsection (d).
241	241	(d) A voter registrar shall enter into an agreement with the
242	242	Department of Public Safety under which a photograph in the
243	243	database of the Department of Public Safety is provided to the
244	244	registrar if the photograph is of a registered voter in the county.
245	245	SECTION 13. Section 18.061(b), Election Code, is amended to
246	246	read as follows:
247	247	(b) The statewide computerized voter registration list
248	248	must:
249	249	(1) contain the name and registration information of
250	250	each voter registered in the state;
251	251	(2) assign a unique identifier to each registered
252	252	voter; [and]
253	253	(3) be available to any election official in the state
254	254	through immediate electronic access; and
255	255	(4) be designed to integrate and interact easily with
256	256	other state computerized databases.
257	257	SECTION 14. Section 18.068, Election Code, is amended by
258	258	amending Subsections (a), (b), (c), (e), and (f) and adding
259	259	Subsections (a-1) and (a-2) to read as follows:
260	260	(a) The secretary of state shall monthly [quarterly]
261	261	compare the information received under Subchapter A, Chapter 16,
262	262	[Section 16.001] of this code and Sections [Section] 62.113 and
263	263	62.114, Government Code, to the statewide computerized voter
264	264	registration list.
265	265	(a-1) The secretary of state shall enter into an agreement
266	266	with the Department of Public Safety, the Texas Department of
267	267	Criminal Justice, the vital statistics unit of the Department of
268	268	State Health Services, and the Health and Human Services Commission
269	269	under which information in any database maintained by the
270	270	department, unit, or commission is provided to the secretary of
271	271	state if the information concerns a person who is at least 18 years
272	272	of age and:
273	273	(1) has indicated in connection with a service sought
274	274	by or provided to the person by the department, unit, or commission
275	275	that the person is not a citizen, has changed residence addresses,
276	276	or is otherwise ineligible to vote under Section 13.001; or
277	277	(2) for whom the department, unit, or commission has
278	278	received information indicating the person is deceased.
279	279	(a-2) If the secretary of state determines from information
280	280	received under Subsection (a) or (a-1) that a voter on the
281	281	registration list may be ineligible to vote [is deceased or has been
282	282	excused or disqualified from jury service because the voter is not a
283	283	citizen], the secretary shall send notice of the determination to
284	284	the attorney general and the voter registrar of the counties
285	285	considered appropriate by the secretary.
286	286	(b) The secretary of state shall by rule determine what
287	287	information combinations identified as common to a voter and to an
288	288	individual who is deceased or ineligible to vote constitute a weak
289	289	match or a strong match in order to:
290	290	(1) produce the least possible impact on Texas voters;
291	291	and
292	292	(2) fulfill its responsibility to manage the voter
293	293	rolls.
294	294	(c) The secretary of state may not determine that a voter is
295	295	deceased or ineligible to vote based on a weak match. The secretary
296	296	of state may inform the county of the voter's residence that a weak
297	297	match exists.
298	298	(e) The secretary of state may determine that a voter is
299	299	deceased or ineligible to vote based on a strong match.
300	300	(f) The secretary of state may obtain, for purposes of
301	301	determining whether a voter is deceased or ineligible to vote,
302	302	information from [other state agency] databases maintained by state
303	303	agencies not listed in Subsection (a-1) relating to a voter that is
304	304	the same type of information that the secretary of state or a voter
305	305	registrar collects or stores for voter registration purposes.
306	306	SECTION 15. Section 20.032, Election Code, is amended by
307	307	amending Subsection (a) and adding Subsection (a-1) to read as
308	308	follows:
309	309	(a) Except as provided by Subsection (a-1), an [An]
310	310	appropriate agency employee shall routinely inform each person who
311	311	applies in person for agency services of the opportunity to
312	312	complete a voter registration application form and on request shall
313	313	provide nonpartisan voter registration assistance to the
314	314	applicant.
315	315	(a-1) An employee of a voter registration agency may not
316	316	offer voter registration assistance under this chapter if a person
317	317	applies for agency services using identification issued by a
318	318	foreign country.
319	319	SECTION 16. Section 20.063, Election Code, is amended by
320	320	adding Subsection (e) to read as follows:
321	321	(e) A person who submits a voter registration application to
322	322	the department in person shall at the time of submission present as
323	323	proof of citizenship:
324	324	(1) an unexpired passport issued to the person;
325	325	(2) a certified copy of a birth certificate or other
326	326	document confirming the person's birth that is admissible in a
327	327	court of law and establishes the person's identity; or
328	328	(3) United States citizenship papers issued to the
329	329	person.
330	330	SECTION 17. Section 62.113(b), Government Code, is amended
331	331	to read as follows:
332	332	(b) On the third business day of each month, the clerk shall
333	333	send a copy of the list of persons excused or disqualified because
334	334	of citizenship in the previous month to:
335	335	(1) the voter registrar of the county;
336	336	(2) the secretary of state; and
337	337	(3) the county or district attorney, as applicable, or
338	338	the attorney general for an investigation of whether the person
339	339	committed an offense under Section 13.007, Election Code, or other
340	340	law.
341	341	SECTION 18. Sections 62.114(b) and (c), Government Code,
342	342	are amended to read as follows:
343	343	(b) On the third business day of each month, the clerk shall
344	344	send [to the voter registrar of the county] a copy of the list of
345	345	persons excused or disqualified in the previous month because the
346	346	persons do not reside in the county to:
347	347	(1) the voter registrar of the county;
348	348	(2) the secretary of state; and
349	349	(3) the county or district attorney, as applicable, or
350	350	the attorney general for an investigation of whether the person
351	351	committed an offense under Section 13.007, Election Code, or other
352	352	law.
353	353	(c) A list compiled under this section may not be used for a
354	354	purpose other than a purpose described by Subsection (b) or Section
355	355	15.081 or 18.068, Election Code.
356	356	SECTION 19. Section 521.054, Transportation Code, is
357	357	amended by adding Subsection (e) to read as follows:
358	358	(e) If the department is notified that a person over the age
359	359	of 18 has changed the person's address under this section, the
360	360	department shall forward the change of address notification to the
361	361	voter registrar for the county where the person previously resided.
362	362	SECTION 20. The following provisions of the Election Code
363	363	are repealed:
364	364	(1) Section 15.082(d);
365	365	(2) Section 15.084(d); and
366	366	(3) Section 20.006(c).
367	367	SECTION 21. The changes in law made by this Act apply only
368	368	to an application to register to vote submitted on or after the
369	369	effective date of this Act.
370	370	SECTION 22. This Act takes effect immediately if it
371	371	receives a vote of two-thirds of all the members elected to each
372	372	house, as provided by Section 39, Article III, Texas Constitution.
373	373	If this Act does not receive the vote necessary for immediate
374	374	effect, this Act takes effect September 1, 2021.