By: Hughes S.R. No. 547
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 87th
Legislature, Regular Session 2021, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 7 (election integrity and security, including by
preventing fraud in the conduct of elections in this state;
increasing criminal penalties; creating criminal offenses;
providing civil penalties) to consider and take action on the
following matter:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 2.04 of the
bill, by adding amended Section 31.006, Election Code, to read as
follows:
Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY
GENERAL. (a) If, after receiving or discovering information
indicating that [a complaint alleging] criminal conduct in
connection with an election has occurred, the secretary of state
determines that there is reasonable cause to suspect that [the
alleged] criminal conduct occurred, the secretary shall promptly
refer the information [complaint] to the attorney general. The
secretary shall deliver to the attorney general all pertinent
documents and information in the secretary's possession.
(b) The documents and information submitted under
Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination
that the information [complaint] received does not warrant an
investigation; or
(2) if referred to the attorney general, the
attorney general has completed the investigation or has made a
determination that the information [complaint] referred does not
warrant an investigation.
Explanation: The change is necessary to require the
secretary of state to take certain actions upon the receipt or
discovery of information indicating that criminal conduct in
connection with an election has occurred.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 2.05 of the
bill, by adding Section 31.019, Election Code, to read as
follows:
Sec. 31.019. ENFORCEMENT OF VOTER ROLL MAINTENANCE
PROVISIONS. (a) In order to ensure compliance with voter roll
maintenance provisions, the secretary of state shall monitor
each county's list of registered voters to ensure that no county
has a number of registered voters in the county equal to or
greater than the number of people eligible to register to vote in
the county.
(b) If the secretary of state determines that a county
has a number of registered voters equal to or greater than the
number of people eligible to register to vote in the county, the
secretary of state shall notify the appropriate registrar in
writing.
(c) Not later than 30 days after receiving notice under
Subsection (b), a registrar must:
(1) refute, in writing, that the number of
registered voters is equal to or greater than the number of
people eligible to register to vote in the county and the failure
to comply alleged by the notice; or
(2) develop a remediation plan to address failures
to comply with voter roll maintenance provisions and send a copy
of the plan to the secretary of state.
(d) If a voter registrar fails to respond to a notice
under Subsection (c), refutes an allegation under Subsection
(c)(1), or fails to comply with a provision of the remediation
plan developed by the registrar under Subsection (c)(2), the
secretary of state shall:
(1) require the registrar to attend a training
course developed under Subsection (h);
(2) publish notice that the county is undergoing an
audit under this subsection on the secretary of state's Internet
website;
(3) audit the voter registration list for the county
in which the registrar serves; and
(4) identify voter roll maintenance provisions with
which the registrar is failing to comply and provide a list to the
registrar.
(e) If the secretary of state determines that a voter
registrar has not performed any overt actions in pursuance of
compliance with the provisions identified under Subsection
(d)(4) within 14 days of receiving the list under Subsection
(d)(4), the secretary of state shall:
(1) withhold distribution of state funds for
financing voter registration to the county until the registrar
takes action in pursuance of compliance; and
(2) inform the attorney general that the county
which the registrar serves may be subject to a civil penalty
under Subsection (f).
(f) A county is liable to this state for a civil penalty
of $1,000 for each day after the 14th day following the receipt of
a list under Subsection (d)(4) that the county's voter registrar
fails to take overt action to comply with provisions identified
under that subsection. The attorney general may bring an action
to recover a civil penalty imposed under this section.
(g) A civil penalty collected by the attorney general
under this section shall be deposited in the state treasury to
the credit of the general revenue fund.
(h) The secretary of state shall develop and implement a
three-hour training course for county clerks and registrars on
the maintenance of voter rolls required and permitted by law.
(i) The secretary of state shall adopt rules and
prescribe procedures for the implementation of this section.
Explanation: The change is necessary to require the
secretary of state to take certain actions in order to ensure
compliance with voter roll maintenance provisions.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 3.05 of the
bill, by adding to amended Section 64.007(c), Election Code,
the following:
The secretary of state shall create and promulgate a form
to be used for this purpose.
Explanation: The change is necessary to require the
secretary of state to create and promulgate a form to be used by
an election officer in maintaining a register of spoiled ballots
at the polling place.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 3.07 of the
bill, by adding Section 66.004, Election Code, to read as
follows:
SECTION 3.07. Subchapter A, Chapter 66, Election Code,
is amended by adding Section 66.004 to read as follows:
Sec. 66.004. CLOSING POLLING PLACE. The secretary of
state shall adopt rules and create a checklist or similar
guidelines to assist the presiding judge of a polling place in
processing forms and conducting procedures required by this code
at the closing of the polling place.
Explanation: The change is necessary to require the
secretary of state to adopt rules and create a checklist or
similar guidelines to assist in the closing of a polling place.
(5) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
3.10 of the bill, in amended Section 85.006(e), Election Code, to
read as follows:
(e) In a primary election or the general election for
state and county officers in a county with a population of 30,000
[100,000] or more, the early voting clerk shall order voting by
personal appearance [voting] at the main early voting polling
place to be conducted on the last Saturday of the early voting
period for at least 12 hours, except that voting may not be
conducted earlier than 6 a.m. or later than 9 p.m., [on the last
Saturday] and on the last Sunday of the early voting period for at
least six [five] hours, except that voting may not be conducted
earlier than 1 p.m. or later than 9 p.m [on the last Sunday of the
early voting period]. The early voting clerk shall order voting
to be conducted at those times in those elections in a county with
a population under 30,000 [100,000] on receipt of a written
request for those hours submitted by at least 15 registered
voters of the county. The request must be submitted in time to
enable compliance with Section 85.007. This subsection
supersedes any provision of this subchapter to the extent of any
conflict.
Explanation: The change is necessary to regulate the hours
for voting on a Saturday or Sunday in counties with population of
30,000 or more and certain counties with a population under
30,000.
(6) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed
SECTION 4.06 of the bill, in added Section 33.063, Election Code,
to read as follows:
SECTION 4.06. Subchapter C, Chapter 33, Election Code,
is amended by adding Section 33.063 to read as follows:
Sec. 33.063. RELIEF. (a) A watcher, or the appointing
authority for a watcher, who believes that the watcher was
unlawfully prevented or obstructed from the performance of the
watcher's duties may seek:
(1) injunctive relief under Section 273.081,
including issuance of temporary orders;
(2) a writ of mandamus under Section 161.009 or
273.061; and
(3) any other remedy available under law.
(b) The relief provided by this section is available to a
state inspector appointed under Chapter 34 or any other election
inspector authorized by law.
Explanation: The change is necessary to provide relief for
a watcher, the appointing authority for a watcher, or any
election inspector authorized by law, who believes that they were
unlawfully prevented or obstructed from the performance of their
duties.
(7) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 4.16 of the
bill, by adding Section 127.131(f), Election Code, to read as
follows:
SECTION 4.16. Section 127.131, Election Code, is amended
by adding Subsection (f) to read as follows:
(f) The presiding judge of the central counting station
shall provide and attest to a written reconciliation of votes and
voters at the close of tabulation for election day and again
after the central counting station meets for the last time to
process late-arriving ballots by mail and provisional ballots.
The secretary of state shall create and promulgate rules and a
form to facilitate compliance with this subsection. The form
shall be posted on a website maintained by the county along with
election returns and results.
Explanation: The change is necessary to regulate the
duties of the presiding judge of the central counting station and
the secretary of state regarding the preparing of election
returns.
(8) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.01 of the
bill, by adding amended Section 82.002, Election Code, to read as
follows:
ARTICLE 5. VOTING BY MAIL
SECTION 5.01. Section 82.002, Election Code, is amended
to read as follows:
Sec. 82.002. DISABILITY. (a) A qualified voter is
eligible for early voting by mail if the voter is not capable of
[has a sickness or physical condition that prevents the voter
from] appearing at the polling place on election day without [a
likelihood of] needing personal assistance or [of] injuring the
voter's health due to the voter's:
(1) illness;
(2) injury;
(3) medical confinement ordered by a health care
professional; or
(4) mental or physical disability.
(b) The following do not constitute [Expected or likely
confinement for childbirth on election day is] sufficient cause
to entitle a voter to vote under Subsection (a):
(1) a lack of transportation;
(2) an illness, injury, or disability that does not
prevent the voter from appearing at the polling place on election
day without a likelihood of needing personal assistance or of
injuring the voter's health; or
(3) a requirement to appear at the voter's place of
employment on election day.
(c) An application for a ballot to be voted by mail on the
ground of disability must require the applicant to specifically
select the grounds on which the voter is eligible under
Subsection (a).
Explanation: The change is necessary to regulate qualified
voters eligible for early voting by mail on the grounds of
disability.
(9) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.02 of the
bill, by adding amended Section 84.001(b), Election Code, to read
as follows:
(b) An application must be submitted in writing and
signed by the applicant using ink on paper. An electronic
signature or photocopied signature is not permitted.
Explanation: The change is necessary to regulate the
manner in which an application for an early voting ballot to be
voted by mail may be submitted and signed.
(10) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.03 of the
bill, by adding amended Section 84.002(a), Election Code, and
Section 84.002(c) to read as follows:
SECTION 5.03. Section 84.002, Election Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which
the applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license or personal identification card issued by the Department
of Public Safety;
(B) if the applicant has not been issued a
number described by Paragraph (A), 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);
(2) for an application for a ballot to be voted by
mail on the ground of absence from the county of residence, the
address outside the applicant's county of residence to which the
ballot is to be mailed;
(3) for an application for a ballot to be voted by
mail on the ground of age or disability:
(A) [,] the address of the hospital, nursing
home or other long-term care facility, or retirement center, or
of a person related to the applicant within the second degree by
affinity or the third degree by consanguinity, as determined
under Chapter 573, Government Code, if the applicant is living at
that address and that address is different from the address at
which the applicant is registered to vote; and
(B) if applicable, the selected specific
grounds on which the voter is eligible for a ballot to be voted by
mail on the ground of disability, as required by Section
82.002(c);
(4) for an application for a ballot to be voted by
mail on the ground of confinement in jail, the address of the jail
or of a person related to the applicant within the degree
described by Subdivision (3);
(5) for an application for a ballot to be voted by
mail on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
(c) A person may use the number of a driver's license or
personal identification card that has expired for the purpose of
fulfilling the requirement under Subsection (a)(1-a) if the
license or identification is otherwise valid.
Explanation: The change is necessary to regulate the
content of an application for an early voting ballot.
(11) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
5.04 of the bill, in amended Section 84.011(a), Election Code, by
amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a),
to read as follows:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false
information in this application is a crime.";
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); and
Explanation: The change is necessary to regulate the
contents of the officially prescribed application form for an
early voting ballot.
(12) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.06 of the
bill, by adding Section 86.001(f), Election Code, to read as
follows:
(f) If the information required under Section
84.002(a)(1-a) included on the application does not match the
information on the applicant's application for voter
registration under Section 13.002(c)(8), the clerk shall reject
the application.
Explanation: The change is necessary to require an early
voting clerk to reject an application for a ballot to be voted by
mail if certain information included in the application does not
match the information on the applicant's application for voter
registration.
(13) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.07 of the
bill, by adding Sections 86.002(g), (h), and (i), Election Code,
to read as follows:
(g) The carrier envelope must include a space that is
hidden from view when the envelope is sealed for the voter to
enter the following information:
(1) the number of the voter's driver's license or
personal identification card issued by the Department of Public
Safety;
(2) if the voter has not been issued a number
described by Subdivision (1), the last four digits of the voter's
social security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
(h) A person may use the number of a driver's license or
personal identification card that has expired for purposes of
Subsection (g) if the license or identification is otherwise
valid.
(i) No record associating an individual voter with a
ballot may be created.
Explanation: The change is necessary to regulate the
contents of the carrier envelope for a ballot to be voted by mail.
(14) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 5.15 of the
bill, by adding Sections 87.128, Election Code, to read as
follows:
Sec. 87.128. NOTES. Each member of an early voting
ballot board and each member of a signature verification
committee is entitled to take and keep any notes reasonably
necessary to perform the member's duties under this chapter.
Explanation: The change is necessary to provide that
members of early voting ballot boards and of signature
verification committees may take and keep certain notes.
(15) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.04 of the
bill, by amending Sections 232.008(b), (c), and (d), Election
Code, to read as follows:
(b) Except as provided by Subsection (c), a contestant
must file the petition not later than the later of the 45th [30th]
day after the date the election records are publicly available
under Section 1.012 or the official result of the contested
election is determined.
(c) A contestant must file the petition not later than
the later of the 15th [10th] day after the date the election
records are publicly available under Section 1.012 or the
official result is determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff
is necessary according to the official result or will be
necessary if the contestant prevails.
(d) A contestant must deliver, electronically or
otherwise, a copy of the petition to the secretary of state by the
same deadline prescribed for the filing of the petition.
Explanation: The change is necessary to regulate the
filing and delivery of a petition in an election contest.
(16) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.04 of the
bill, by adding Section 232.063, Election Code, to read as
follows:
Sec. 232.063. OVERTURNING ELECTION. If the number of
votes illegally cast in the election is equal to or greater than
the number of votes necessary to change the outcome of an
election, the court may declare the election void without
attempting to determine how individual voters voted.
Explanation: The change is necessary to provide certain
circumstances in which a court may declare an election void.
(17) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.06 of the
bill, by amending Section 273.061, Election Code, to read as
follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a
court of appeals may issue a writ of mandamus to compel the
performance of any duty imposed by law in connection with the
holding of an election or a political party convention,
regardless of whether the person responsible for performing the
duty is a public officer.
(b) The court of criminal appeals may issue a writ of
mandamus to compel the performance of any duty imposed by law in
connection with the provision, sequestration, transfer, or
impoundment of evidence in or records relating to a criminal
investigation conducted under this code or conducted in
connection with the conduct of an election or political party
convention. If a writ of mandamus is issued under this
subsection, it shall include an order requiring the provision,
sequestration, transfer, or impoundment of the evidence or
record.
Explanation: The change is necessary to permit the court
of criminal appeals to issue writs of mandamus to compel the
performance of certain duties relating to elections.
(18) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.09 of the
bill, by adding Sections 23.301(c), (d), and (e), Government
Code, to read as follows:
(c) Notwithstanding any other law or rule, a proceeding
entitled to priority under Section 23.101(b-1) relating to a
temporary injunction shall have a court assigned under
Subsection (b) not later than 24 hours after the proceeding is
filed and, if a temporary injunction is granted, the injunction
may not remain in effect for longer than four days.
(d) A person, including a public official, commits an
offense if the person communicates with a county or district
clerk with the intention of influencing or attempting to
influence the court or judge assigned to a proceeding under this
section.
(e) An offense under this section is a Class A
misdemeanor, except that the offense is a state jail felony if it
is shown on the trial of the offense that the person committed the
offense while acting in the person's official capacity as an
election official.
Explanation: The change is necessary to regulate the
assignment of certain election proceedings and describe the
conduct constituting an offense under Section 23.301,
Government Code, as well as the punishment for that offense.
(19) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 8.09 of the
bill, by adding Section 23.302, Government Code, to read as
follows:
Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
(a) Not later than 24 hours after the proceeding is filed, a
judge to whom a case is assigned under Section 23.301(b) who
wishes to be recused from the proceeding must, before recusal:
(1) hear an application for any emergency temporary
relief sought;
(2) grant or deny any emergency temporary relief
sought; and
(3) set a scheduling order that provides:
(A) a date for a hearing on any injunction
sought not later than five days after the date on which the
proceeding was filed; and
(B) discovery and deposition deadlines before
the expiration of any emergency relief order entered.
(b) The presiding judge of an administrative region shall
assign a new judge to a proceeding assigned under Section
23.301(b) not later than 12 hours after the original judge
assigned to the proceeding is recused under Subsection (a).
(c) A final order in a proceeding filed under Section
273.081, Election Code, shall be submitted in writing to the
parties not later than 24 hours after the judge makes a final
determination in the proceeding.
(d) If a district judge does not comply with this
section, a person may seek from the supreme court, the court of
criminal appeals, or a court of appeals a writ of mandamus as
provided by Section 273.061, Election Code, to compel compliance
with this section.
(e) Notwithstanding Section 23.101(b-1), a proceeding
relating to a permanent injunction being sought in connection to
a challenge under Section 141.034, Election Code, may be heard
after the primary election has been canvassed.
Explanation: The change is necessary to provide for
deadlines in certain election proceedings.
(20) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 9.02 of the
bill, by adding amended Article 42.01, Code of Criminal
Procedure, to read as follows:
Sec. 4. The Court of Criminal Appeals [Office of Court
Administration of the Texas Judicial System] shall promulgate a
standardized felony judgment form that conforms to the
requirements of Section 1 of this article. A court entering a
felony judgment [judgement] shall use the form promulgated under
this section.
Sec. 16. In addition to the information described by
Section 1, the judgment should reflect the affirmative finding
and instruction entered pursuant to Article 42.0194.
Explanation: The change is necessary to require the Court
of Criminal Appeals to promulgate a standardized felony
judgment form including certain information entered pursuant to
Article 42.0194, Code of Criminal Procedure.
(21) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 11.03(d) of the
bill, in the transition language, to read as follows:
(d) The changes in law made by this Act apply only to an
application to vote an early voting ballot by mail submitted on
or after the effective date of this Act. An application to vote
an early voting ballot by mail submitted before the effective
date of this Act is governed by the law in effect when the
application was submitted, and the former law is continued in
effect for that purpose.
Explanation: The change is necessary to ensure that any
change in law made by the Act applies only to an application to
vote an early voting ballot by mail submitted on or after the
effective date of the Act.
(22) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in proposed SECTION 11.04 of the
bill, in the transition language, to read as follows:
SECTION 11.04. Not later than January 1, 2022, the
secretary of state shall develop the training course required by
Section 31.019, Election Code, as added by this Act.
Explanation: The change is necessary to require the
secretary of state to develop the training course required by
added Section 31.019, Election Code, before January 1, 2022.
(23) Senate Rule 12.03(1) is suspended to permit the
committee to amend text not in disagreement in proposed SECTION
11.06 of the bill, providing for an effective, to read as
follows:
SECTION 11.06. 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.
Explanation: The change is necessary to allow the
provisions of the Act to take effect immediately if the measure
receives a vote of two-thirds of all the members elected to each
house.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 29, 2021, by
the following vote: Yeas 19,
Nays 12.
_______________________________
Secretary of the Senate