87R9713 TSS-D
By: Hall S.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to voter qualification and registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(c), Election Code, is amended to
read as follows:
(c) A registration application must include:
(1) the applicant's first name, middle name, if any,
last name, and former name, if any;
(2) the month, day, and year of the applicant's birth;
(3) a statement that the applicant is a United States
citizen;
(4) a statement that the applicant is a resident of the
county;
(5) a statement that the applicant has not been
determined by a final judgment of a court exercising probate
jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the
right to vote;
(6) a statement that the applicant has not been
finally convicted of a felony or that the applicant is a felon
eligible for registration under Section 13.001;
(7) the applicant's residence address or, if the
residence has no address, the address at which the applicant
receives mail and a concise description of the location of the
applicant's residence;
(8) the following information:
(A) the applicant's Texas driver's license number
or the number of a personal identification card issued by the
Department of Public Safety and the applicant's social security
number;
(B) if the applicant has not been issued one of
the numbers [a number] described by Paragraph (A), the number
described by Paragraph (A) that the applicant has been issued and a
statement by the applicant that the applicant has not been issued
the other number [the last four digits of the applicant's social
security number]; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A)
[or (B)];
(9) if the application is made by an agent, a statement
of the agent's relationship to the applicant; [and]
(10) the city and county in which the applicant
formerly resided; and
(11) a list of all counties in this state in which the
applicant is or has been registered to vote.
SECTION 2. Section 13.004, Election Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) The registrar shall furnish a copy of a list of voters
registered in the county to any person requesting it or shall
furnish that portion of the list requested. A list or portion of a
list provided under this subsection may not include information
made confidential under Subsection (c) or other law.
(g) The registrar may not charge a fee for providing a list
or portion of a list under Subsection (f).
SECTION 3. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar
shall review each submitted application for registration to
determine whether it complies with Section 13.002 and indicates
that the applicant is a United States citizen eligible for
registration.
(b) If the application is submitted to the Department of
Public Safety in person with the proof of citizenship required by
Section 20.063(e), the [The] registrar shall make the determination
not later than the seventh day after the date the application is
submitted to the registrar.
(c) If the application is submitted in a manner other than
the manner described by Subsection (b), the registrar shall forward
the information relating to the applicant to the secretary of state
for determining citizenship as provided by Section 13.0721.
SECTION 4. Section 13.072, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(e) to read as follows:
(a) Unless the registrar challenges the applicant, the
registrar shall approve the application if:
(1) the registrar determines that an application
complies with Section 13.002 and indicates that the applicant is
eligible for registration; [and]
(2) for an applicant who has not included a statement
described by Section 13.002(c)(8)(C), the registrar verifies with
the secretary of state:
(A) the applicant's Texas driver's license number
or number of a personal identification card issued by the
Department of Public Safety; [or]
(B) the [last four digits of the] applicant's
social security number; or
(C) both the numbers described by Paragraphs (A)
and (B), if provided by the applicant;
(3) the registrar determines that the residence
address or residence description provided by the applicant under
Section 13.002(c)(7):
(A) corresponds to a house, apartment building,
lodging house, boarding house, dormitory, residence hall, group
home, residential treatment center, nursing home, nursing or
long-term care facility, correctional facility, dormitory or
residence hall, shelter, or any other location at which a person
could reasonably reside; and
(B) has not been used as a residence address or
description by a number of applicants for voter registration
greater than the number of people that could reasonably reside at
the address; and
(4) the registrar verifies the applicant's signature
by comparing it with any signature of the voter obtained from the
Department of Public Safety.
(a-1) A voter registrar shall enter into an agreement with
the Department of Public Safety under which a signature in the
database of the Department of Public Safety is provided to the
registrar if it is a signature of a person over the age of 18 who
resides in the county.
(a-2) Before approving an application by an applicant who
has indicated that they are or have been registered in another
county under Section 13.002(c)(11), the registrar shall obtain from
the other county's registrar any information or documentation
relating to the applicant in the possession of the other county's
registrar.
(e) If the registrar is unable to make a determination
regarding the residence address or description provided by the
applicant under Subsection (a)(3), the registrar shall challenge
the applicant under Section 13.074.
SECTION 5. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0721 to read as follows:
Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This
section does not apply to an application for registration submitted
to the Department of Public Safety in person with the proof of
citizenship required by Section 20.063(e).
(b) The secretary of state shall verify with the Department
of Public Safety the citizenship status of each applicant for voter
registration whose information is forwarded to the secretary of
state as provided by Section 13.071(c). If the department verifies
the applicant's citizenship status, the secretary of state shall
notify the registrar. If the department does not have information
regarding the citizenship status of the applicant or has
information indicating that the applicant is not a citizen, the
registrar and the applicant shall be notified as provided by
secretary of state rule.
(c) An applicant for voter registration who receives notice
under Subsection (b) must provide proof of citizenship to the
registrar not later than the 60th day after the date of receipt.
Except as provided by Subsection (d), this proof must be presented
in person. The following is acceptable as proof of citizenship
under this section:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity, presented with
a government-issued identification that contains the person's
photograph; or
(3) United States citizenship papers issued to the
person, presented with a government-issued identification that
contains the person's photograph.
(d) An applicant may mail a certified copy of a document
described by Subsection (c)(2) or (3) with a copy of the person's
government-issued photo identification to the registrar.
(e) If an applicant does not provide proof of citizenship as
required, the registrar shall cancel the registration and notify
the secretary of state. The secretary of state shall keep a list of
applicants of whom the secretary receives notice under this
section.
(f) The secretary of state shall adopt rules and prescribe
procedures to implement this section.
SECTION 6. Section 15.021, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) If the registrar receives a notification from the
Department of Public Safety under Section 521.054(e),
Transportation Code, that a voter registered in the registrar's
county has changed the voter's address, the registrar shall
consider the notification a notice submitted under Subsection (a).
SECTION 7. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The registrar may not charge a fee for a [each] list or
portion of a list furnished under this section [may not exceed the
actual expense incurred in reproducing the list or portion for the
person requesting it and shall be uniform for each type of copy
furnished. The registrar shall make reasonable efforts to minimize
the reproduction expenses].
SECTION 8. Section 15.084(b), Election Code, is amended to
read as follows:
(b) The secretary of state may not charge a fee for a [each]
list or portion of a list furnished under this section [may not
exceed the actual expense incurred in reproducing the list or
portion for the person requesting it and shall be uniform for each
type of copy furnished].
SECTION 9. Subchapter A, Chapter 16, Election Code, is
amended by adding Section 16.0035 to read as follows:
Sec. 16.0035. TAX RECORD AUDIT. (a) Once per year, the
county tax assessor-collector shall audit the county's tax records
to determine if the records indicate that a person 18 years or older
who has resided in the county in the previous year has died, is no
longer a resident of the county, is not a citizen of the United
States, or is otherwise ineligible to vote.
(b) The tax assessor-collector shall forward the records
described by Subsection (a) to the registrar for cancellation
following investigation under Section 16.033.
SECTION 10. Section 16.033(b), Election Code, is amended to
read as follows:
(b) If the registrar receives a record under Section 16.0035
or otherwise has reason to believe that a voter is no longer
eligible for registration, the registrar shall deliver written
notice to the voter indicating that the voter's registration status
is being investigated by the registrar. The notice shall be
delivered by forwardable mail to the mailing address on the voter's
registration application and to any new address of the voter known
to the registrar. If the secretary of state has adopted or
recommended a form for a written notice under this section, the
registrar must use that form.
SECTION 11. Section 16.0332(a), Election Code, is amended
to read as follows:
(a) After the registrar receives a list under Section 18.068
of this code or Section 62.113, Government Code, of persons excused
or disqualified from jury service or otherwise determined to be
ineligible to vote because of citizenship status, the registrar
shall deliver to each registered voter whose name appears on the
list a written notice requiring the voter to submit to the registrar
proof of United States citizenship in the form of a certified copy
of the voter's birth certificate, United States passport, or
certificate of naturalization or any other form prescribed by the
secretary of state. The notice shall be delivered by forwardable
mail to the mailing address on the voter's registration application
and to any new address of the voter known to the registrar.
SECTION 12. Section 18.005, Election Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, date of birth, and
registration number as provided by the statewide computerized voter
registration list;
(2) contain the voter's residence address, except as
provided by Subsections (b) and (c) or Section 18.0051;
(3) be arranged alphabetically by voter name; [and]
(4) contain the notation required by Section 15.111;
and
(5) contain the voter's photograph if provided to the
registrar under an agreement made under Subsection (d).
(d) A voter registrar shall enter into an agreement with the
Department of Public Safety under which a photograph in the
database of the Department of Public Safety is provided to the
registrar if the photograph is of a registered voter in the county.
SECTION 13. Section 18.061(b), Election Code, is amended to
read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; [and]
(3) be available to any election official in the state
through immediate electronic access; and
(4) be designed to integrate and interact easily with
other state computerized databases.
SECTION 14. Section 18.068, Election Code, is amended by
amending Subsections (a), (b), (c), (e), and (f) and adding
Subsections (a-1) and (a-2) to read as follows:
(a) The secretary of state shall monthly [quarterly]
compare the information received under Subchapter A, Chapter 16,
[Section 16.001] of this code and Sections [Section] 62.113 and
62.114, Government Code, to the statewide computerized voter
registration list.
(a-1) The secretary of state shall enter into an agreement
with the Department of Public Safety, the Texas Department of
Criminal Justice, the vital statistics unit of the Department of
State Health Services, and the Health and Human Services Commission
under which information in any database maintained by the
department, unit, or commission is provided to the secretary of
state if the information concerns a person who is at least 18 years
of age and:
(1) has indicated in connection with a service sought
by or provided to the person by the department, unit, or commission
that the person is not a citizen, has changed residence addresses,
or is otherwise ineligible to vote under Section 13.001; or
(2) for whom the department, unit, or commission has
received information indicating the person is deceased.
(a-2) If the secretary of state determines from information
received under Subsection (a) or (a-1) that a voter on the
registration list may be ineligible to vote [is deceased or has been
excused or disqualified from jury service because the voter is not a
citizen], the secretary shall send notice of the determination to
the attorney general and the voter registrar of the counties
considered appropriate by the secretary.
(b) The secretary of state shall by rule determine what
information combinations identified as common to a voter and to an
individual who is deceased or ineligible to vote constitute a weak
match or a strong match in order to:
(1) produce the least possible impact on Texas voters;
and
(2) fulfill its responsibility to manage the voter
rolls.
(c) The secretary of state may not determine that a voter is
deceased or ineligible to vote based on a weak match. The secretary
of state may inform the county of the voter's residence that a weak
match exists.
(e) The secretary of state may determine that a voter is
deceased or ineligible to vote based on a strong match.
(f) The secretary of state may obtain, for purposes of
determining whether a voter is deceased or ineligible to vote,
information from [other state agency] databases maintained by state
agencies not listed in Subsection (a-1) relating to a voter that is
the same type of information that the secretary of state or a voter
registrar collects or stores for voter registration purposes.
SECTION 15. Section 20.032, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), an [An]
appropriate agency employee shall routinely inform each person who
applies in person for agency services of the opportunity to
complete a voter registration application form and on request shall
provide nonpartisan voter registration assistance to the
applicant.
(a-1) An employee of a voter registration agency may not
offer voter registration assistance under this chapter if a person
applies for agency services using identification issued by a
foreign country.
SECTION 16. Section 20.063, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A person who submits a voter registration application to
the department in person shall at the time of submission present as
proof of citizenship:
(1) an unexpired passport issued to the person;
(2) a certified copy of a birth certificate or other
document confirming the person's birth that is admissible in a
court of law and establishes the person's identity; or
(3) United States citizenship papers issued to the
person.
SECTION 17. Section 62.113(b), Government Code, is amended
to read as follows:
(b) On the third business day of each month, the clerk shall
send a copy of the list of persons excused or disqualified because
of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney, as applicable, or
the attorney general for an investigation of whether the person
committed an offense under Section 13.007, Election Code, or other
law.
SECTION 18. Sections 62.114(b) and (c), Government Code,
are amended to read as follows:
(b) On the third business day of each month, the clerk shall
send [to the voter registrar of the county] a copy of the list of
persons excused or disqualified in the previous month because the
persons do not reside in the county to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney, as applicable, or
the attorney general for an investigation of whether the person
committed an offense under Section 13.007, Election Code, or other
law.
(c) A list compiled under this section may not be used for a
purpose other than a purpose described by Subsection (b) or Section
15.081 or 18.068, Election Code.
SECTION 19. Section 521.054, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) If the department is notified that a person over the age
of 18 has changed the person's address under this section, the
department shall forward the change of address notification to the
voter registrar for the county where the person previously resided.
SECTION 20. The following provisions of the Election Code
are repealed:
(1) Section 15.082(d);
(2) Section 15.084(d); and
(3) Section 20.006(c).
SECTION 21. The changes in law made by this Act apply only
to an application to register to vote submitted on or after the
effective date of this Act.
SECTION 22. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.