TX
Texas Senate Bill SR547

Texas 2021 - 87th Regular

Texas Senate Bill SR547 Compare Versions

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1+87R30365 ADM/TSS-D
12 By: Hughes S.R. No. 547
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4- SENATE RESOLUTION
5+ R E S O L U T I O N
56 BE IT RESOLVED by the Senate of the State of Texas, 87th
67 Legislature, Regular Session 2021, That Senate Rule 12.03 be
78 suspended in part as provided by Senate Rule 12.08 to enable the
8- conference committee appointed to resolve the differences on
9- Senate Bill 7 (election integrity and security, including by
10- preventing fraud in the conduct of elections in this state;
11- increasing criminal penalties; creating criminal offenses;
12- providing civil penalties) to consider and take action on the
13- following matter:
9+ conference committee appointed to resolve the differences on Senate
10+ Bill 7 (election integrity and security, including by preventing
11+ fraud in the conduct of elections in this state; increasing
12+ criminal penalties; creating criminal offenses; providing civil
13+ penalties) to consider and take action on the following matter:
1414 (1) Senate Rule 12.03(4) is suspended to permit the
1515 committee to add text on a matter not included in either the house
16- or senate version of the bill in proposed SECTION 2.04 of the
17- bill, by adding amended Section 31.006, Election Code, to read as
16+ or senate version of the bill in proposed SECTION 2.04 of the bill,
17+ by adding amended Section 31.006, Election Code, to read as
1818 follows:
19- Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY
20- GENERAL. (a) If, after receiving or discovering information
21- indicating that [a complaint alleging] criminal conduct in
22- connection with an election has occurred, the secretary of state
23- determines that there is reasonable cause to suspect that [the
24- alleged] criminal conduct occurred, the secretary shall promptly
25- refer the information [complaint] to the attorney general. The
26- secretary shall deliver to the attorney general all pertinent
27- documents and information in the secretary's possession.
19+ Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
20+ (a) If, after receiving or discovering information indicating that
21+ [a complaint alleging] criminal conduct in connection with an
22+ election has occurred, the secretary of state determines that there
23+ is reasonable cause to suspect that [the alleged] criminal conduct
24+ occurred, the secretary shall promptly refer the information
25+ [complaint] to the attorney general. The secretary shall deliver to
26+ the attorney general all pertinent documents and information in the
27+ secretary's possession.
2828 (b) The documents and information submitted under
2929 Subsection (a) are not considered public information until:
30- (1) the secretary of state makes a determination
31- that the information [complaint] received does not warrant an
30+ (1) the secretary of state makes a determination that
31+ the information [complaint] received does not warrant an
3232 investigation; or
33- (2) if referred to the attorney general, the
34- attorney general has completed the investigation or has made a
35- determination that the information [complaint] referred does not
36- warrant an investigation.
33+ (2) if referred to the attorney general, the attorney
34+ general has completed the investigation or has made a determination
35+ that the information [complaint] referred does not warrant an
36+ investigation.
3737 Explanation: The change is necessary to require the
3838 secretary of state to take certain actions upon the receipt or
3939 discovery of information indicating that criminal conduct in
4040 connection with an election has occurred.
4141 (2) Senate Rule 12.03(4) is suspended to permit the
4242 committee to add text on a matter not included in either the house
43- or senate version of the bill in proposed SECTION 2.05 of the
44- bill, by adding Section 31.019, Election Code, to read as
45- follows:
43+ or senate version of the bill in proposed SECTION 2.05 of the bill,
44+ by adding Section 31.019, Election Code, to read as follows:
4645 Sec. 31.019. ENFORCEMENT OF VOTER ROLL MAINTENANCE
4746 PROVISIONS. (a) In order to ensure compliance with voter roll
48- maintenance provisions, the secretary of state shall monitor
49- each county's list of registered voters to ensure that no county
50- has a number of registered voters in the county equal to or
51- greater than the number of people eligible to register to vote in
52- the county.
53- (b) If the secretary of state determines that a county
54- has a number of registered voters equal to or greater than the
55- number of people eligible to register to vote in the county, the
56- secretary of state shall notify the appropriate registrar in
57- writing.
47+ maintenance provisions, the secretary of state shall monitor each
48+ county's list of registered voters to ensure that no county has a
49+ number of registered voters in the county equal to or greater than
50+ the number of people eligible to register to vote in the county.
51+ (b) If the secretary of state determines that a county has a
52+ number of registered voters equal to or greater than the number of
53+ people eligible to register to vote in the county, the secretary of
54+ state shall notify the appropriate registrar in writing.
5855 (c) Not later than 30 days after receiving notice under
5956 Subsection (b), a registrar must:
60- (1) refute, in writing, that the number of
61- registered voters is equal to or greater than the number of
62- people eligible to register to vote in the county and the failure
63- to comply alleged by the notice; or
64- (2) develop a remediation plan to address failures
65- to comply with voter roll maintenance provisions and send a copy
66- of the plan to the secretary of state.
67- (d) If a voter registrar fails to respond to a notice
68- under Subsection (c), refutes an allegation under Subsection
69- (c)(1), or fails to comply with a provision of the remediation
70- plan developed by the registrar under Subsection (c)(2), the
71- secretary of state shall:
72- (1) require the registrar to attend a training
73- course developed under Subsection (h);
57+ (1) refute, in writing, that the number of registered
58+ voters is equal to or greater than the number of people eligible to
59+ register to vote in the county and the failure to comply alleged by
60+ the notice; or
61+ (2) develop a remediation plan to address failures to
62+ comply with voter roll maintenance provisions and send a copy of the
63+ plan to the secretary of state.
64+ (d) If a voter registrar fails to respond to a notice under
65+ Subsection (c), refutes an allegation under Subsection (c)(1), or
66+ fails to comply with a provision of the remediation plan developed
67+ by the registrar under Subsection (c)(2), the secretary of state
68+ shall:
69+ (1) require the registrar to attend a training course
70+ developed under Subsection (h);
7471 (2) publish notice that the county is undergoing an
7572 audit under this subsection on the secretary of state's Internet
7673 website;
7774 (3) audit the voter registration list for the county
7875 in which the registrar serves; and
7976 (4) identify voter roll maintenance provisions with
8077 which the registrar is failing to comply and provide a list to the
8178 registrar.
8279 (e) If the secretary of state determines that a voter
8380 registrar has not performed any overt actions in pursuance of
84- compliance with the provisions identified under Subsection
85- (d)(4) within 14 days of receiving the list under Subsection
86- (d)(4), the secretary of state shall:
87- (1) withhold distribution of state funds for
88- financing voter registration to the county until the registrar
89- takes action in pursuance of compliance; and
90- (2) inform the attorney general that the county
91- which the registrar serves may be subject to a civil penalty
92- under Subsection (f).
93- (f) A county is liable to this state for a civil penalty
94- of $1,000 for each day after the 14th day following the receipt of
95- a list under Subsection (d)(4) that the county's voter registrar
81+ compliance with the provisions identified under Subsection (d)(4)
82+ within 14 days of receiving the list under Subsection (d)(4), the
83+ secretary of state shall:
84+ (1) withhold distribution of state funds for financing
85+ voter registration to the county until the registrar takes action
86+ in pursuance of compliance; and
87+ (2) inform the attorney general that the county which
88+ the registrar serves may be subject to a civil penalty under
89+ Subsection (f).
90+ (f) A county is liable to this state for a civil penalty of
91+ $1,000 for each day after the 14th day following the receipt of a
92+ list under Subsection (d)(4) that the county's voter registrar
9693 fails to take overt action to comply with provisions identified
97- under that subsection. The attorney general may bring an action
98- to recover a civil penalty imposed under this section.
99- (g) A civil penalty collected by the attorney general
100- under this section shall be deposited in the state treasury to
101- the credit of the general revenue fund.
94+ under that subsection. The attorney general may bring an action to
95+ recover a civil penalty imposed under this section.
96+ (g) A civil penalty collected by the attorney general under
97+ this section shall be deposited in the state treasury to the credit
98+ of the general revenue fund.
10299 (h) The secretary of state shall develop and implement a
103- three-hour training course for county clerks and registrars on
104- the maintenance of voter rolls required and permitted by law.
105- (i) The secretary of state shall adopt rules and
106- prescribe procedures for the implementation of this section.
107- Explanation: The change is necessary to require the
108- secretary of state to take certain actions in order to ensure
109- compliance with voter roll maintenance provisions.
100+ three-hour training course for county clerks and registrars on the
101+ maintenance of voter rolls required and permitted by law.
102+ (i) The secretary of state shall adopt rules and prescribe
103+ procedures for the implementation of this section.
104+ Explanation: The change is necessary to require the secretary
105+ of state to take certain actions in order to ensure compliance with
106+ voter roll maintenance provisions.
110107 (3) Senate Rule 12.03(4) is suspended to permit the
111108 committee to add text on a matter not included in either the house
112- or senate version of the bill in proposed SECTION 3.05 of the
113- bill, by adding to amended Section 64.007(c), Election Code,
114- the following:
115- The secretary of state shall create and promulgate a form
116- to be used for this purpose.
117- Explanation: The change is necessary to require the
118- secretary of state to create and promulgate a form to be used by
119- an election officer in maintaining a register of spoiled ballots
120- at the polling place.
109+ or senate version of the bill in proposed SECTION 3.05 of the bill,
110+ by adding to amended Section 64.007(c), Election Code, the
111+ following:
112+ The secretary of state shall create and promulgate a form to
113+ be used for this purpose.
114+ Explanation: The change is necessary to require the secretary
115+ of state to create and promulgate a form to be used by an election
116+ officer in maintaining a register of spoiled ballots at the polling
117+ place.
121118 (4) Senate Rule 12.03(4) is suspended to permit the
122119 committee to add text on a matter not included in either the house
123- or senate version of the bill in proposed SECTION 3.07 of the
124- bill, by adding Section 66.004, Election Code, to read as
125- follows:
126- SECTION 3.07. Subchapter A, Chapter 66, Election Code,
127- is amended by adding Section 66.004 to read as follows:
128- Sec. 66.004. CLOSING POLLING PLACE. The secretary of
129- state shall adopt rules and create a checklist or similar
130- guidelines to assist the presiding judge of a polling place in
131- processing forms and conducting procedures required by this code
132- at the closing of the polling place.
133- Explanation: The change is necessary to require the
134- secretary of state to adopt rules and create a checklist or
135- similar guidelines to assist in the closing of a polling place.
120+ or senate version of the bill in proposed SECTION 3.07 of the bill,
121+ by adding Section 66.004, Election Code, to read as follows:
122+ SECTION 3.07. Subchapter A, Chapter 66, Election Code, is
123+ amended by adding Section 66.004 to read as follows:
124+ Sec. 66.004. CLOSING POLLING PLACE. The secretary of state
125+ shall adopt rules and create a checklist or similar guidelines to
126+ assist the presiding judge of a polling place in processing forms
127+ and conducting procedures required by this code at the closing of
128+ the polling place.
129+ Explanation: The change is necessary to require the secretary
130+ of state to adopt rules and create a checklist or similar guidelines
131+ to assist in the closing of a polling place.
136132 (5) Senate Rule 12.03(1) is suspended to permit the
137133 committee to amend text not in disagreement in proposed SECTION
138134 3.10 of the bill, in amended Section 85.006(e), Election Code, to
139135 read as follows:
140- (e) In a primary election or the general election for
141- state and county officers in a county with a population of 30,000
136+ (e) In a primary election or the general election for state
137+ and county officers in a county with a population of 30,000
142138 [100,000] or more, the early voting clerk shall order voting by
143- personal appearance [voting] at the main early voting polling
144- place to be conducted on the last Saturday of the early voting
145- period for at least 12 hours, except that voting may not be
146- conducted earlier than 6 a.m. or later than 9 p.m., [on the last
147- Saturday] and on the last Sunday of the early voting period for at
148- least six [five] hours, except that voting may not be conducted
149- earlier than 1 p.m. or later than 9 p.m [on the last Sunday of the
150- early voting period]. The early voting clerk shall order voting
151- to be conducted at those times in those elections in a county with
152- a population under 30,000 [100,000] on receipt of a written
153- request for those hours submitted by at least 15 registered
154- voters of the county. The request must be submitted in time to
155- enable compliance with Section 85.007. This subsection
156- supersedes any provision of this subchapter to the extent of any
157- conflict.
139+ personal appearance [voting] at the main early voting polling place
140+ to be conducted on the last Saturday of the early voting period for
141+ at least 12 hours, except that voting may not be conducted earlier
142+ than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
143+ last Sunday of the early voting period for at least six [five]
144+ hours, except that voting may not be conducted earlier than 1 p.m.
145+ or later than 9 p.m [on the last Sunday of the early voting period].
146+ The early voting clerk shall order voting to be conducted at those
147+ times in those elections in a county with a population under 30,000
148+ [100,000] on receipt of a written request for those hours submitted
149+ by at least 15 registered voters of the county. The request must be
150+ submitted in time to enable compliance with Section 85.007. This
151+ subsection supersedes any provision of this subchapter to the
152+ extent of any conflict.
158153 Explanation: The change is necessary to regulate the hours
159154 for voting on a Saturday or Sunday in counties with population of
160- 30,000 or more and certain counties with a population under
161- 30,000.
155+ 30,000 or more and certain counties with a population under 30,000.
162156 (6) Senate Rule 12.03(1) is suspended to permit the
163- committee to amend text not in disagreement in proposed
164- SECTION 4.06 of the bill, in added Section 33.063, Election Code,
165- to read as follows:
166- SECTION 4.06. Subchapter C, Chapter 33, Election Code,
167- is amended by adding Section 33.063 to read as follows:
157+ committee to amend text not in disagreement in proposed SECTION
158+ 4.06 of the bill, in added Section 33.063, Election Code, to read as
159+ follows:
160+ SECTION 4.06. Subchapter C, Chapter 33, Election Code, is
161+ amended by adding Section 33.063 to read as follows:
168162 Sec. 33.063. RELIEF. (a) A watcher, or the appointing
169163 authority for a watcher, who believes that the watcher was
170164 unlawfully prevented or obstructed from the performance of the
171165 watcher's duties may seek:
172166 (1) injunctive relief under Section 273.081,
173167 including issuance of temporary orders;
174168 (2) a writ of mandamus under Section 161.009 or
175169 273.061; and
176170 (3) any other remedy available under law.
177171 (b) The relief provided by this section is available to a
178172 state inspector appointed under Chapter 34 or any other election
179173 inspector authorized by law.
180- Explanation: The change is necessary to provide relief for
181- a watcher, the appointing authority for a watcher, or any
182- election inspector authorized by law, who believes that they were
183- unlawfully prevented or obstructed from the performance of their
184- duties.
174+ Explanation: The change is necessary to provide relief for a
175+ watcher, the appointing authority for a watcher, or any election
176+ inspector authorized by law, who believes that they were unlawfully
177+ prevented or obstructed from the performance of their duties.
185178 (7) Senate Rule 12.03(4) is suspended to permit the
186179 committee to add text on a matter not included in either the house
187- or senate version of the bill in proposed SECTION 4.16 of the
188- bill, by adding Section 127.131(f), Election Code, to read as
189- follows:
190- SECTION 4.16. Section 127.131, Election Code, is amended
191- by adding Subsection (f) to read as follows:
180+ or senate version of the bill in proposed SECTION 4.16 of the bill,
181+ by adding Section 127.131(f), Election Code, to read as follows:
182+ SECTION 4.16. Section 127.131, Election Code, is amended by
183+ adding Subsection (f) to read as follows:
192184 (f) The presiding judge of the central counting station
193185 shall provide and attest to a written reconciliation of votes and
194- voters at the close of tabulation for election day and again
195- after the central counting station meets for the last time to
196- process late-arriving ballots by mail and provisional ballots.
197- The secretary of state shall create and promulgate rules and a
198- form to facilitate compliance with this subsection. The form
199- shall be posted on a website maintained by the county along with
200- election returns and results.
201- Explanation: The change is necessary to regulate the
202- duties of the presiding judge of the central counting station and
203- the secretary of state regarding the preparing of election
204- returns.
186+ voters at the close of tabulation for election day and again after
187+ the central counting station meets for the last time to process
188+ late-arriving ballots by mail and provisional ballots. The
189+ secretary of state shall create and promulgate rules and a form to
190+ facilitate compliance with this subsection. The form shall be
191+ posted on a website maintained by the county along with election
192+ returns and results.
193+ Explanation: The change is necessary to regulate the duties
194+ of the presiding judge of the central counting station and the
195+ secretary of state regarding the preparing of election returns.
205196 (8) Senate Rule 12.03(4) is suspended to permit the
206197 committee to add text on a matter not included in either the house
207- or senate version of the bill in proposed SECTION 5.01 of the
208- bill, by adding amended Section 82.002, Election Code, to read as
198+ or senate version of the bill in proposed SECTION 5.01 of the bill,
199+ by adding amended Section 82.002, Election Code, to read as
209200 follows:
210201 ARTICLE 5. VOTING BY MAIL
211- SECTION 5.01. Section 82.002, Election Code, is amended
212- to read as follows:
213- Sec. 82.002. DISABILITY. (a) A qualified voter is
214- eligible for early voting by mail if the voter is not capable of
215- [has a sickness or physical condition that prevents the voter
216- from] appearing at the polling place on election day without [a
202+ SECTION 5.01. Section 82.002, Election Code, is amended to
203+ read as follows:
204+ Sec. 82.002. DISABILITY. (a) A qualified voter is eligible
205+ for early voting by mail if the voter is not capable of [has a
206+ sickness or physical condition that prevents the voter from]
207+ appearing at the polling place on election day without [a
217208 likelihood of] needing personal assistance or [of] injuring the
218209 voter's health due to the voter's:
219210 (1) illness;
220211 (2) injury;
221212 (3) medical confinement ordered by a health care
222213 professional; or
223214 (4) mental or physical disability.
224215 (b) The following do not constitute [Expected or likely
225- confinement for childbirth on election day is] sufficient cause
226- to entitle a voter to vote under Subsection (a):
216+ confinement for childbirth on election day is] sufficient cause to
217+ entitle a voter to vote under Subsection (a):
227218 (1) a lack of transportation;
228219 (2) an illness, injury, or disability that does not
229220 prevent the voter from appearing at the polling place on election
230221 day without a likelihood of needing personal assistance or of
231222 injuring the voter's health; or
232223 (3) a requirement to appear at the voter's place of
233224 employment on election day.
234225 (c) An application for a ballot to be voted by mail on the
235226 ground of disability must require the applicant to specifically
236- select the grounds on which the voter is eligible under
237- Subsection (a).
227+ select the grounds on which the voter is eligible under Subsection
228+ (a).
238229 Explanation: The change is necessary to regulate qualified
239230 voters eligible for early voting by mail on the grounds of
240231 disability.
241232 (9) Senate Rule 12.03(4) is suspended to permit the
242233 committee to add text on a matter not included in either the house
243- or senate version of the bill in proposed SECTION 5.02 of the
244- bill, by adding amended Section 84.001(b), Election Code, to read
245- as follows:
246- (b) An application must be submitted in writing and
247- signed by the applicant using ink on paper. An electronic
248- signature or photocopied signature is not permitted.
249- Explanation: The change is necessary to regulate the
250- manner in which an application for an early voting ballot to be
251- voted by mail may be submitted and signed.
234+ or senate version of the bill in proposed SECTION 5.02 of the bill,
235+ by adding amended Section 84.001(b), Election Code, to read as
236+ follows:
237+ (b) An application must be submitted in writing and signed
238+ by the applicant using ink on paper. An electronic signature or
239+ photocopied signature is not permitted.
240+ Explanation: The change is necessary to regulate the manner
241+ in which an application for an early voting ballot to be voted by
242+ mail may be submitted and signed.
252243 (10) Senate Rule 12.03(4) is suspended to permit the
253244 committee to add text on a matter not included in either the house
254- or senate version of the bill in proposed SECTION 5.03 of the
255- bill, by adding amended Section 84.002(a), Election Code, and
256- Section 84.002(c) to read as follows:
257- SECTION 5.03. Section 84.002, Election Code, is amended
258- by amending Subsection (a) and adding Subsection (c) to read as
245+ or senate version of the bill in proposed SECTION 5.03 of the bill,
246+ by adding amended Section 84.002(a), Election Code, and Section
247+ 84.002(c) to read as follows:
248+ SECTION 5.03. Section 84.002, Election Code, is amended by
249+ amending Subsection (a) and adding Subsection (c) to read as
259250 follows:
260251 (a) An early voting ballot application must include:
261- (1) the applicant's name and the address at which
262- the applicant is registered to vote;
252+ (1) the applicant's name and the address at which the
253+ applicant is registered to vote;
263254 (1-a) the following information:
264255 (A) the number of the applicant's driver's
265- license or personal identification card issued by the Department
266- of Public Safety;
267- (B) if the applicant has not been issued a
268- number described by Paragraph (A), the last four digits of the
269- applicant's social security number; or
256+ license or personal identification card issued by the Department of
257+ Public Safety;
258+ (B) if the applicant has not been issued a number
259+ described by Paragraph (A), the last four digits of the applicant's
260+ social security number; or
270261 (C) a statement by the applicant that the
271- applicant has not been issued a number described by Paragraph (A)
272- or (B);
273- (2) for an application for a ballot to be voted by
274- mail on the ground of absence from the county of residence, the
275- address outside the applicant's county of residence to which the
276- ballot is to be mailed;
277- (3) for an application for a ballot to be voted by
278- mail on the ground of age or disability:
279- (A) [,] the address of the hospital, nursing
280- home or other long-term care facility, or retirement center, or
281- of a person related to the applicant within the second degree by
282- affinity or the third degree by consanguinity, as determined
283- under Chapter 573, Government Code, if the applicant is living at
284- that address and that address is different from the address at
285- which the applicant is registered to vote; and
286- (B) if applicable, the selected specific
287- grounds on which the voter is eligible for a ballot to be voted by
288- mail on the ground of disability, as required by Section
289- 82.002(c);
290- (4) for an application for a ballot to be voted by
291- mail on the ground of confinement in jail, the address of the jail
292- or of a person related to the applicant within the degree
293- described by Subdivision (3);
294- (5) for an application for a ballot to be voted by
295- mail on any ground, an indication of each election for which the
262+ applicant has not been issued a number described by Paragraph (A) or
263+ (B);
264+ (2) for an application for a ballot to be voted by mail
265+ on the ground of absence from the county of residence, the address
266+ outside the applicant's county of residence to which the ballot is
267+ to be mailed;
268+ (3) for an application for a ballot to be voted by mail
269+ on the ground of age or disability:
270+ (A) [,] the address of the hospital, nursing home
271+ or other long-term care facility, or retirement center, or of a
272+ person related to the applicant within the second degree by
273+ affinity or the third degree by consanguinity, as determined under
274+ Chapter 573, Government Code, if the applicant is living at that
275+ address and that address is different from the address at which the
276+ applicant is registered to vote; and
277+ (B) if applicable, the selected specific grounds
278+ on which the voter is eligible for a ballot to be voted by mail on
279+ the ground of disability, as required by Section 82.002(c);
280+ (4) for an application for a ballot to be voted by mail
281+ on the ground of confinement in jail, the address of the jail or of a
282+ person related to the applicant within the degree described by
283+ Subdivision (3);
284+ (5) for an application for a ballot to be voted by mail
285+ on any ground, an indication of each election for which the
296286 applicant is applying for a ballot; and
297287 (6) an indication of the ground of eligibility for
298288 early voting.
299289 (c) A person may use the number of a driver's license or
300290 personal identification card that has expired for the purpose of
301- fulfilling the requirement under Subsection (a)(1-a) if the
302- license or identification is otherwise valid.
303- Explanation: The change is necessary to regulate the
304- content of an application for an early voting ballot.
291+ fulfilling the requirement under Subsection (a)(1-a) if the license
292+ or identification is otherwise valid.
293+ Explanation: The change is necessary to regulate the content
294+ of an application for an early voting ballot.
305295 (11) Senate Rule 12.03(1) is suspended to permit the
306296 committee to amend text not in disagreement in proposed SECTION
307297 5.04 of the bill, in amended Section 84.011(a), Election Code, by
308298 amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a),
309299 to read as follows:
310300 (1) immediately preceding the signature space the
311301 statement: "I certify that the information given in this
312- application is true, and I understand that giving false
313- information in this application is a crime.";
302+ application is true, and I understand that giving false information
303+ in this application is a crime.";
314304 (3-a) a space for entering the information required
315305 under Section 84.002(a)(1-a); and
316306 Explanation: The change is necessary to regulate the
317- contents of the officially prescribed application form for an
318- early voting ballot.
307+ contents of the officially prescribed application form for an early
308+ voting ballot.
319309 (12) Senate Rule 12.03(4) is suspended to permit the
320310 committee to add text on a matter not included in either the house
321- or senate version of the bill in proposed SECTION 5.06 of the
322- bill, by adding Section 86.001(f), Election Code, to read as
323- follows:
311+ or senate version of the bill in proposed SECTION 5.06 of the bill,
312+ by adding Section 86.001(f), Election Code, to read as follows:
324313 (f) If the information required under Section
325314 84.002(a)(1-a) included on the application does not match the
326- information on the applicant's application for voter
327- registration under Section 13.002(c)(8), the clerk shall reject
328- the application.
315+ information on the applicant's application for voter registration
316+ under Section 13.002(c)(8), the clerk shall reject the application.
329317 Explanation: The change is necessary to require an early
330318 voting clerk to reject an application for a ballot to be voted by
331319 mail if certain information included in the application does not
332320 match the information on the applicant's application for voter
333321 registration.
334322 (13) Senate Rule 12.03(4) is suspended to permit the
335323 committee to add text on a matter not included in either the house
336- or senate version of the bill in proposed SECTION 5.07 of the
337- bill, by adding Sections 86.002(g), (h), and (i), Election Code,
338- to read as follows:
339- (g) The carrier envelope must include a space that is
340- hidden from view when the envelope is sealed for the voter to
341- enter the following information:
324+ or senate version of the bill in proposed SECTION 5.07 of the bill,
325+ by adding Sections 86.002(g), (h), and (i), Election Code, to read
326+ as follows:
327+ (g) The carrier envelope must include a space that is hidden
328+ from view when the envelope is sealed for the voter to enter the
329+ following information:
342330 (1) the number of the voter's driver's license or
343331 personal identification card issued by the Department of Public
344332 Safety;
345- (2) if the voter has not been issued a number
346- described by Subdivision (1), the last four digits of the voter's
347- social security number; or
333+ (2) if the voter has not been issued a number described
334+ by Subdivision (1), the last four digits of the voter's social
335+ security number; or
348336 (3) a statement by the applicant that the applicant
349337 has not been issued a number described by Subdivision (1) or (2).
350338 (h) A person may use the number of a driver's license or
351339 personal identification card that has expired for purposes of
352- Subsection (g) if the license or identification is otherwise
353- valid.
354- (i) No record associating an individual voter with a
355- ballot may be created.
340+ Subsection (g) if the license or identification is otherwise valid.
341+ (i) No record associating an individual voter with a ballot
342+ may be created.
356343 Explanation: The change is necessary to regulate the
357344 contents of the carrier envelope for a ballot to be voted by mail.
358345 (14) Senate Rule 12.03(4) is suspended to permit the
359346 committee to add text on a matter not included in either the house
360- or senate version of the bill in proposed SECTION 5.15 of the
361- bill, by adding Sections 87.128, Election Code, to read as
362- follows:
363- Sec. 87.128. NOTES. Each member of an early voting
364- ballot board and each member of a signature verification
365- committee is entitled to take and keep any notes reasonably
366- necessary to perform the member's duties under this chapter.
367- Explanation: The change is necessary to provide that
368- members of early voting ballot boards and of signature
369- verification committees may take and keep certain notes.
347+ or senate version of the bill in proposed SECTION 5.15 of the bill,
348+ by adding Sections 87.128, Election Code, to read as follows:
349+ Sec. 87.128. NOTES. Each member of an early voting ballot
350+ board and each member of a signature verification committee is
351+ entitled to take and keep any notes reasonably necessary to perform
352+ the member's duties under this chapter.
353+ Explanation: The change is necessary to provide that members
354+ of early voting ballot boards and of signature verification
355+ committees may take and keep certain notes.
370356 (15) Senate Rule 12.03(4) is suspended to permit the
371357 committee to add text on a matter not included in either the house
372- or senate version of the bill in proposed SECTION 8.04 of the
373- bill, by amending Sections 232.008(b), (c), and (d), Election
374- Code, to read as follows:
375- (b) Except as provided by Subsection (c), a contestant
376- must file the petition not later than the later of the 45th [30th]
377- day after the date the election records are publicly available
378- under Section 1.012 or the official result of the contested
379- election is determined.
380- (c) A contestant must file the petition not later than
381- the later of the 15th [10th] day after the date the election
382- records are publicly available under Section 1.012 or the
383- official result is determined in a contest of:
358+ or senate version of the bill in proposed SECTION 8.04 of the bill,
359+ by amending Sections 232.008(b), (c), and (d), Election Code, to
360+ read as follows:
361+ (b) Except as provided by Subsection (c), a contestant must
362+ file the petition not later than the later of the 45th [30th] day
363+ after the date the election records are publicly available under
364+ Section 1.012 or the official result of the contested election is
365+ determined.
366+ (c) A contestant must file the petition not later than the
367+ later of the 15th [10th] day after the date the election records are
368+ publicly available under Section 1.012 or the official result is
369+ determined in a contest of:
384370 (1) a primary or runoff primary election; or
385- (2) a general or special election for which a runoff
386- is necessary according to the official result or will be
387- necessary if the contestant prevails.
388- (d) A contestant must deliver, electronically or
389- otherwise, a copy of the petition to the secretary of state by the
390- same deadline prescribed for the filing of the petition.
391- Explanation: The change is necessary to regulate the
392- filing and delivery of a petition in an election contest.
371+ (2) a general or special election for which a runoff is
372+ necessary according to the official result or will be necessary if
373+ the contestant prevails.
374+ (d) A contestant must deliver, electronically or otherwise,
375+ a copy of the petition to the secretary of state by the same
376+ deadline prescribed for the filing of the petition.
377+ Explanation: The change is necessary to regulate the filing
378+ and delivery of a petition in an election contest.
393379 (16) Senate Rule 12.03(4) is suspended to permit the
394380 committee to add text on a matter not included in either the house
395- or senate version of the bill in proposed SECTION 8.04 of the
396- bill, by adding Section 232.063, Election Code, to read as
397- follows:
398- Sec. 232.063. OVERTURNING ELECTION. If the number of
399- votes illegally cast in the election is equal to or greater than
400- the number of votes necessary to change the outcome of an
401- election, the court may declare the election void without
402- attempting to determine how individual voters voted.
381+ or senate version of the bill in proposed SECTION 8.04 of the bill,
382+ by adding Section 232.063, Election Code, to read as follows:
383+ Sec. 232.063. OVERTURNING ELECTION. If the number of votes
384+ illegally cast in the election is equal to or greater than the
385+ number of votes necessary to change the outcome of an election, the
386+ court may declare the election void without attempting to determine
387+ how individual voters voted.
403388 Explanation: The change is necessary to provide certain
404389 circumstances in which a court may declare an election void.
405390 (17) Senate Rule 12.03(4) is suspended to permit the
406391 committee to add text on a matter not included in either the house
407- or senate version of the bill in proposed SECTION 8.06 of the
408- bill, by amending Section 273.061, Election Code, to read as
409- follows:
392+ or senate version of the bill in proposed SECTION 8.06 of the bill,
393+ by amending Section 273.061, Election Code, to read as follows:
410394 Sec. 273.061. JURISDICTION. (a) The supreme court or a
411395 court of appeals may issue a writ of mandamus to compel the
412396 performance of any duty imposed by law in connection with the
413- holding of an election or a political party convention,
414- regardless of whether the person responsible for performing the
415- duty is a public officer.
397+ holding of an election or a political party convention, regardless
398+ of whether the person responsible for performing the duty is a
399+ public officer.
416400 (b) The court of criminal appeals may issue a writ of
417401 mandamus to compel the performance of any duty imposed by law in
418402 connection with the provision, sequestration, transfer, or
419403 impoundment of evidence in or records relating to a criminal
420- investigation conducted under this code or conducted in
421- connection with the conduct of an election or political party
422- convention. If a writ of mandamus is issued under this
423- subsection, it shall include an order requiring the provision,
424- sequestration, transfer, or impoundment of the evidence or
425- record.
426- Explanation: The change is necessary to permit the court
427- of criminal appeals to issue writs of mandamus to compel the
404+ investigation conducted under this code or conducted in connection
405+ with the conduct of an election or political party convention. If a
406+ writ of mandamus is issued under this subsection, it shall include
407+ an order requiring the provision, sequestration, transfer, or
408+ impoundment of the evidence or record.
409+ Explanation: The change is necessary to permit the court of
410+ criminal appeals to issue writs of mandamus to compel the
428411 performance of certain duties relating to elections.
429412 (18) Senate Rule 12.03(4) is suspended to permit the
430413 committee to add text on a matter not included in either the house
431- or senate version of the bill in proposed SECTION 8.09 of the
432- bill, by adding Sections 23.301(c), (d), and (e), Government
433- Code, to read as follows:
414+ or senate version of the bill in proposed SECTION 8.09 of the bill,
415+ by adding Sections 23.301(c), (d), and (e), Government Code, to
416+ read as follows:
434417 (c) Notwithstanding any other law or rule, a proceeding
435418 entitled to priority under Section 23.101(b-1) relating to a
436- temporary injunction shall have a court assigned under
437- Subsection (b) not later than 24 hours after the proceeding is
438- filed and, if a temporary injunction is granted, the injunction
439- may not remain in effect for longer than four days.
419+ temporary injunction shall have a court assigned under Subsection
420+ (b) not later than 24 hours after the proceeding is filed and, if a
421+ temporary injunction is granted, the injunction may not remain in
422+ effect for longer than four days.
440423 (d) A person, including a public official, commits an
441- offense if the person communicates with a county or district
442- clerk with the intention of influencing or attempting to
443- influence the court or judge assigned to a proceeding under this
444- section.
445- (e) An offense under this section is a Class A
446- misdemeanor, except that the offense is a state jail felony if it
447- is shown on the trial of the offense that the person committed the
448- offense while acting in the person's official capacity as an
449- election official.
424+ offense if the person communicates with a county or district clerk
425+ with the intention of influencing or attempting to influence the
426+ court or judge assigned to a proceeding under this section.
427+ (e) An offense under this section is a Class A misdemeanor,
428+ except that the offense is a state jail felony if it is shown on the
429+ trial of the offense that the person committed the offense while
430+ acting in the person's official capacity as an election official.
450431 Explanation: The change is necessary to regulate the
451- assignment of certain election proceedings and describe the
452- conduct constituting an offense under Section 23.301,
453- Government Code, as well as the punishment for that offense.
432+ assignment of certain election proceedings and describe the conduct
433+ constituting an offense under Section 23.301, Government Code, as
434+ well as the punishment for that offense.
454435 (19) Senate Rule 12.03(4) is suspended to permit the
455436 committee to add text on a matter not included in either the house
456- or senate version of the bill in proposed SECTION 8.09 of the
457- bill, by adding Section 23.302, Government Code, to read as
458- follows:
437+ or senate version of the bill in proposed SECTION 8.09 of the bill,
438+ by adding Section 23.302, Government Code, to read as follows:
459439 Sec. 23.302. DEADLINES IN CERTAIN ELECTION PROCEEDINGS.
460- (a) Not later than 24 hours after the proceeding is filed, a
461- judge to whom a case is assigned under Section 23.301(b) who
462- wishes to be recused from the proceeding must, before recusal:
440+ (a) Not later than 24 hours after the proceeding is filed, a judge
441+ to whom a case is assigned under Section 23.301(b) who wishes to be
442+ recused from the proceeding must, before recusal:
463443 (1) hear an application for any emergency temporary
464444 relief sought;
465445 (2) grant or deny any emergency temporary relief
466446 sought; and
467447 (3) set a scheduling order that provides:
468- (A) a date for a hearing on any injunction
469- sought not later than five days after the date on which the
470- proceeding was filed; and
448+ (A) a date for a hearing on any injunction sought
449+ not later than five days after the date on which the proceeding was
450+ filed; and
471451 (B) discovery and deposition deadlines before
472452 the expiration of any emergency relief order entered.
473453 (b) The presiding judge of an administrative region shall
474- assign a new judge to a proceeding assigned under Section
475- 23.301(b) not later than 12 hours after the original judge
476- assigned to the proceeding is recused under Subsection (a).
454+ assign a new judge to a proceeding assigned under Section 23.301(b)
455+ not later than 12 hours after the original judge assigned to the
456+ proceeding is recused under Subsection (a).
477457 (c) A final order in a proceeding filed under Section
478458 273.081, Election Code, shall be submitted in writing to the
479459 parties not later than 24 hours after the judge makes a final
480460 determination in the proceeding.
481- (d) If a district judge does not comply with this
482- section, a person may seek from the supreme court, the court of
483- criminal appeals, or a court of appeals a writ of mandamus as
484- provided by Section 273.061, Election Code, to compel compliance
485- with this section.
461+ (d) If a district judge does not comply with this section, a
462+ person may seek from the supreme court, the court of criminal
463+ appeals, or a court of appeals a writ of mandamus as provided by
464+ Section 273.061, Election Code, to compel compliance with this
465+ section.
486466 (e) Notwithstanding Section 23.101(b-1), a proceeding
487- relating to a permanent injunction being sought in connection to
488- a challenge under Section 141.034, Election Code, may be heard
489- after the primary election has been canvassed.
490- Explanation: The change is necessary to provide for
491- deadlines in certain election proceedings.
467+ relating to a permanent injunction being sought in connection to a
468+ challenge under Section 141.034, Election Code, may be heard after
469+ the primary election has been canvassed.
470+ Explanation: The change is necessary to provide for deadlines
471+ in certain election proceedings.
492472 (20) Senate Rule 12.03(4) is suspended to permit the
493473 committee to add text on a matter not included in either the house
494- or senate version of the bill in proposed SECTION 9.02 of the
495- bill, by adding amended Article 42.01, Code of Criminal
496- Procedure, to read as follows:
474+ or senate version of the bill in proposed SECTION 9.02 of the bill,
475+ by adding amended Article 42.01, Code of Criminal Procedure, to
476+ read as follows:
497477 Sec. 4. The Court of Criminal Appeals [Office of Court
498478 Administration of the Texas Judicial System] shall promulgate a
499- standardized felony judgment form that conforms to the
500- requirements of Section 1 of this article. A court entering a
501- felony judgment [judgement] shall use the form promulgated under
502- this section.
479+ standardized felony judgment form that conforms to the requirements
480+ of Section 1 of this article. A court entering a felony judgment
481+ [judgement] shall use the form promulgated under this section.
503482 Sec. 16. In addition to the information described by
504- Section 1, the judgment should reflect the affirmative finding
505- and instruction entered pursuant to Article 42.0194.
506- Explanation: The change is necessary to require the Court
507- of Criminal Appeals to promulgate a standardized felony
508- judgment form including certain information entered pursuant to
509- Article 42.0194, Code of Criminal Procedure.
483+ Section 1, the judgment should reflect the affirmative finding and
484+ instruction entered pursuant to Article 42.0194.
485+ Explanation: The change is necessary to require the Court of
486+ Criminal Appeals to promulgate a standardized felony judgment
487+ form including certain information entered pursuant to Article
488+ 42.0194, Code of Criminal Procedure.
510489 (21) Senate Rule 12.03(4) is suspended to permit the
511490 committee to add text on a matter not included in either the house
512491 or senate version of the bill in proposed SECTION 11.03(d) of the
513492 bill, in the transition language, to read as follows:
514493 (d) The changes in law made by this Act apply only to an
515- application to vote an early voting ballot by mail submitted on
516- or after the effective date of this Act. An application to vote
517- an early voting ballot by mail submitted before the effective
518- date of this Act is governed by the law in effect when the
519- application was submitted, and the former law is continued in
520- effect for that purpose.
494+ application to vote an early voting ballot by mail submitted on or
495+ after the effective date of this Act. An application to vote an
496+ early voting ballot by mail submitted before the effective date of
497+ this Act is governed by the law in effect when the application was
498+ submitted, and the former law is continued in effect for that
499+ purpose.
521500 Explanation: The change is necessary to ensure that any
522- change in law made by the Act applies only to an application to
523- vote an early voting ballot by mail submitted on or after the
524- effective date of the Act.
501+ change in law made by the Act applies only to an application to vote
502+ an early voting ballot by mail submitted on or after the effective
503+ date of the Act.
525504 (22) Senate Rule 12.03(4) is suspended to permit the
526505 committee to add text on a matter not included in either the house
527- or senate version of the bill in proposed SECTION 11.04 of the
528- bill, in the transition language, to read as follows:
506+ or senate version of the bill in proposed SECTION 11.04 of the bill,
507+ in the transition language, to read as follows:
529508 SECTION 11.04. Not later than January 1, 2022, the
530509 secretary of state shall develop the training course required by
531510 Section 31.019, Election Code, as added by this Act.
532- Explanation: The change is necessary to require the
533- secretary of state to develop the training course required by
534- added Section 31.019, Election Code, before January 1, 2022.
511+ Explanation: The change is necessary to require the secretary
512+ of state to develop the training course required by added Section
513+ 31.019, Election Code, before January 1, 2022.
535514 (23) Senate Rule 12.03(1) is suspended to permit the
536515 committee to amend text not in disagreement in proposed SECTION
537- 11.06 of the bill, providing for an effective, to read as
538- follows:
516+ 11.06 of the bill, providing for an effective, to read as follows:
539517 SECTION 11.06. This Act takes effect immediately if it
540518 receives a vote of two-thirds of all the members elected to each
541- house, as provided by Section 39, Article III, Texas
542- Constitution. If this Act does not receive the vote necessary
543- for immediate effect, this Act takes effect September 1, 2021.
544- Explanation: The change is necessary to allow the
545- provisions of the Act to take effect immediately if the measure
546- receives a vote of two-thirds of all the members elected to each
547- house.
548- _______________________________
549- President of the Senate
550- I hereby certify that the
551- above Resolution was adopted by
552- the Senate on May 29, 2021, by
553- the following vote: Yeas 19,
554- Nays 12.
555- _______________________________
556- Secretary of the Senate
519+ house, as provided by Section 39, Article III, Texas Constitution.
520+ If this Act does not receive the vote necessary for immediate
521+ effect, this Act takes effect September 1, 2021.
522+ Explanation: The change is necessary to allow the provisions
523+ of the Act to take effect immediately if the measure receives a vote
524+ of two-thirds of all the members elected to each house.