Texas 2021 - 87th 1st C.S.

Texas House Bill HB106 Compare Versions

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

Old	New	Differences
1	1	By: Bernal H.B. No. 106
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requiring a voter to present proof of identification.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 13.002(i), Election Code, is amended to
9	9	read as follows:
10	10	(i) An applicant who wishes to receive an exemption from the
11	11	requirements of Section 63.001(b) on the basis of disability must
12	12	include with the person's application:
13	13	(1) written documentation:
14	14	(A) from the United States Social Security
15	15	Administration evidencing the applicant has been determined to have
16	16	a disability; or
17	17	(B) from the United States Department of Veterans
18	18	Affairs evidencing the applicant has a disability rating of at
19	19	least 50 percent; and
20	20	(2) a statement in a form prescribed by the secretary
21	21	of state that the applicant does not have [a form of] identification
22	22	required by Section 63.001(b) in a form described by [acceptable
23	23	under] Section 63.0101.
24	24	SECTION 2. Sections 63.001(b) and (i), Election Code, are
25	25	amended to read as follows:
26	26	(b) Except as provided by Subsection (h), on offering to
27	27	vote, a voter must present to an election officer at the polling
28	28	place:
29	29	(1) one form of photo identification listed in Section
30	30	63.0101(a); [or]
31	31	(2) one form of identification listed in Section
32	32	63.0101(b)(1), (2), or (3) accompanied by the declaration described
33	33	by Subsection (i);
34	34	(3) two forms of identification listed under Section
35	35	63.0101(b), including one form that contains the voter's current
36	36	address; or
37	37	(4) two forms of identification listed under Section
38	38	63.0101(b)(4) accompanied by the declaration described by
39	39	Subsection (i) of this section.
40	40	(i) If the requirement for identification prescribed by
41	41	Subsection (b)(1) or (3) is not met, an election officer shall
42	42	notify the voter that the voter may be accepted for voting if the
43	43	voter meets the requirement for identification prescribed by
44	44	Subsection (b)(2) or (4) and executes a declaration declaring the
45	45	voter has a reasonable impediment to meeting the requirement for
46	46	identification prescribed by Subsection (b)(1) or (3). A person is
47	47	subject to prosecution for perjury under Chapter 37, Penal Code, or
48	48	Section 63.0013 for a false statement or false information on the
49	49	declaration. The secretary of state shall prescribe the form of the
50	50	declaration. The form shall include:
51	51	(1) a notice that a person is subject to prosecution
52	52	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
53	53	false statement or false information on the declaration;
54	54	(2) a statement that the voter swears or affirms that
55	55	the information contained in the declaration is true, that the
56	56	person described in the declaration is the same person appearing at
57	57	the polling place to sign the declaration, and that the voter faces
58	58	a reasonable impediment to procuring the identification prescribed
59	59	by Subsection (b)(1) or (3);
60	60	(3) a place for the voter to indicate one of the
61	61	following impediments:
62	62	(A) lack of transportation;
63	63	(B) lack of birth certificate or other documents
64	64	needed to obtain the identification prescribed by Subsection
65	65	(b)(1);
66	66	(C) work schedule;
67	67	(D) lost or stolen identification;
68	68	(E) disability or illness;
69	69	(F) family responsibilities; and
70	70	(G) the identification prescribed by Subsection
71	71	(b)(1) or (3) has been applied for but not received;
72	72	(4) a place for the voter to sign and date the
73	73	declaration;
74	74	(5) a place for the election judge to sign and date the
75	75	declaration;
76	76	(6) a place to note the polling place at which the
77	77	declaration is signed; and
78	78	(7) a place for the election judge to note which form
79	79	of identification prescribed by Subsection (b)(2) or (4) the voter
80	80	presented.
81	81	SECTION 3. Sections 63.0101(a) and (b), Election Code, are
82	82	amended to read as follows:
83	83	(a) The following documentation is an acceptable form of
84	84	photo identification under this chapter:
85	85	(1) a driver's license, election identification
86	86	certificate, or personal identification card issued to the voter
87	87	[person] by the Department of Public Safety that has not expired or
88	88	that expired no earlier than four years before the date of
89	89	presentation;
90	90	(2) a United States military identification card that
91	91	contains the voter's [person's] photograph that has not expired or
92	92	that expired no earlier than four years before the date of
93	93	presentation;
94	94	(3) a United States citizenship certificate issued to
95	95	the voter [person] that contains the voter's [person's] photograph;
96	96	(4) a United States passport book or card issued to the
97	97	voter [person] that has not expired or that expired no earlier than
98	98	four years before the date of presentation; [or]
99	99	(5) a license to carry a handgun issued to the voter
100	100	[person] by the Department of Public Safety that has not expired or
101	101	that expired no earlier than four years before the date of
102	102	presentation;
103	103	(6) an official Native American tribal document that:
104	104	(A) contains the voter's photograph and address;
105	105	and
106	106	(B) is issued by a tribe that is federally
107	107	recognized and located in this state; or
108	108	(7) any other official government document issued to
109	109	the voter and containing the voter's name, address, and photograph.
110	110	(b) The following documentation is acceptable as proof of
111	111	identification under this chapter:
112	112	(1) a government document that shows the name and
113	113	address of the voter, including the voter's voter registration
114	114	certificate;
115	115	(2) one of the following documents that shows the name
116	116	and address of the voter:
117	117	(A) a copy of a current utility bill;
118	118	(B) a bank or credit union statement;
119	119	(C) a government check; or
120	120	(D) a paycheck or pension plan statement; [or]
121	121	(3) a certified copy of a domestic birth certificate
122	122	or other document confirming birth that is admissible in a court of
123	123	law and establishes the voter's [person's] identity; or
124	124	(4) two of the following documents issued or delivered
125	125	to the voter, one of which must contain the name and address of the
126	126	voter:
127	127	(A) a Medicare, Medicaid, or Department of
128	128	Veterans Affairs identification card or other health insurance
129	129	identification card;
130	130	(B) a Department of Defense identification card;
131	131	(C) a social security identification card;
132	132	(D) a label on a prescription drug container;
133	133	(E) an identity bracelet issued by a hospital or
134	134	long-term care facility;
135	135	(F) a credit or debit card;
136	136	(G) an identification card issued by an employer;
137	137	(H) a student identification card issued by a
138	138	public or private high school or institution of higher education;
139	139	(I) a library card;
140	140	(J) a Texas Department of Criminal Justice
141	141	document indicating release or parole;
142	142	(K) a fishing or hunting license;
143	143	(L) a lease or mortgage for real property;
144	144	(M) a motor vehicle title;
145	145	(N) an insurance certificate, policy
146	146	declaration, or other document demonstrating proof of insurance;
147	147	(O) a letter from a public or private school or
148	148	institution of higher education;
149	149	(P) a personal check;
150	150	(Q) an official Native American tribal document
151	151	that is issued by a tribe that is federally recognized and located
152	152	in this state;
153	153	(R) a blood donor card;
154	154	(S) a public transportation card;
155	155	(T) a property tax assessment;
156	156	(U) a form prescribed by the Internal Revenue
157	157	Service;
158	158	(V) a letter from a public conservator,
159	159	court-appointed guardian, or trustee;
160	160	(W) a letter of confirmation of residence, letter
161	161	of stay, admission form, or statement of benefits from:
162	162	(i) a student residence;
163	163	(ii) a nursing home or other long-term care
164	164	facility or a retirement center;
165	165	(iii) a shelter; or
166	166	(iv) a soup kitchen;
167	167	(X) a document listed in Subdivision (1), (2), or
168	168	(3); or
169	169	(Y) another government document containing the
170	170	voter's name.
171	171	SECTION 4. Section 63.011(b), Election Code, is amended to
172	172	read as follows:
173	173	(b) A form for an affidavit required by this section must be
174	174	printed on an envelope in which the provisional ballot voted by the
175	175	person may be placed and must include:
176	176	(1) a space for entering the identification number of
177	177	the provisional ballot voted by the person; and
178	178	(2) a space for an election officer to indicate
179	179	whether the person presented [a form of] identification required by
180	180	Section 63.001(b) in a form described by Section 63.0101.
181	181	SECTION 5. Section 65.0541(a), Election Code, is amended to
182	182	read as follows:
183	183	(a) A voter who is accepted for provisional voting under
184	184	Section 63.011 because the voter does not meet the identification
185	185	requirements of Section 63.001(b) may, not later than the sixth day
186	186	after the date of the election:
187	187	(1) present [a form of] identification required by
188	188	Section 63.001(b) in a form described by Section 63.0101 to the
189	189	voter registrar for examination; or
190	190	(2) execute an affidavit described by Section
191	191	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
192	192	SECTION 6. Section 86.006(a-1), Election Code, is amended
193	193	to read as follows:
194	194	(a-1) The voter may deliver a marked ballot in person to the
195	195	early voting clerk's office only while the polls are open on
196	196	election day. A voter who delivers a marked ballot in person must
197	197	present identification required by Section 63.001(b) in a [an
198	198	acceptable] form [of identification] described by Section 63.0101.
199	199	SECTION 7. This Act takes effect on the 91st day after the
200	200	last day of the legislative session.