87R26522 MLH-F
By: Hughes S.B. No. 2256
A BILL TO BE ENTITLED
AN ACT
relating to federal election practices and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.007, Election Code, is amended to
read as follows:
Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL
LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law,
order, regulation, or other official action any provision of
federal law regarding the registration of voters or conduct of
elections, including the National Voter Registration Act of 1993 or
its successors, is not required to be implemented or enforced in
whole or in part, an affected state law or rule is suspended to the
extent that the law or rule was enacted or adopted to implement that
law [Act], and it is the intent of the legislature that the
applicable law in effect immediately before the enactment or
adoption be reinstated and continued in effect pending enactment of
corrective state legislation.
(b) On a finding by the secretary of state that a suspension
of a law or rule has occurred under Subsection (a), the secretary
may modify applicable procedures as necessary to give effect to the
suspension and to reinstatement of the procedures of the former
law.
(c) The secretary of state may adopt rules to implement this
section as necessary.
SECTION 2. Subchapter A, Chapter 31, Election Code, is
amended by adding Section 31.0075 to read as follows:
Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW.
(a) Pending enactment of conforming state legislation, the
secretary of state shall by rule, after consulting with the chair
and vice chair of the standing committees of the senate and house of
representatives having jurisdiction over elections, adopt
procedures to conform with federal laws enacted regarding federal
elections in a manner that does not substantively modify the
procedures for voter registration for or conduct of elections
provided in this code, other than federal elections, except as
provided by this section.
(b) In compliance with Subsection (a), to the extent federal
law modifies the requirements or procedures provided in this code
for voter registration in federal elections, the secretary of state
shall by rule establish and maintain a federal election voter
registration system in compliance with federal law. Any person
registered under this system may not be eligible to vote in any
election other than a federal election unless that person is
qualified and registered to vote under Title 2. Any person seeking
to register to vote under the federal election voter registration
system established under this subsection shall be notified upon
registering to vote under this system that registration to vote in
federal elections does not qualify a person to vote in any other
election conducted in this state unless that person registers to
vote as provided by Title 2. All persons registered to vote as
provided by Title 2 shall be automatically registered to vote under
the federal election voter registration system established under
this subsection. Any voter registration certificate issued or list
of registered voters produced under the federal election voter
registration system established under this subsection shall be
clearly marked "Valid for federal elections only."
(c) In compliance with Subsection (a), to the extent federal
law modifies the conduct of elections for federal office in a manner
that substantively conflicts with any provision of this code,
notwithstanding any other provision of this code, the secretary of
state shall by rule modify the uniform election dates and other
associated dates and deadlines provided in this code so that no
election other than an election for federal office is held on the
same date as any special election for a member of Congress, a
federal primary, a federal primary runoff, or a general election
for federal office.
SECTION 3. 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 4. This Act takes effect September 1, 2021.