Texas 2021 - 87th 1st C.S.

Texas House Bill HB229 Compare Versions

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

Old	New	Differences
1	1	87S10451 MLH-D
2	2	By: Bucy H.B. No. 229
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to accommodating voters with a disability.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 63.0015, Election Code, is amended by
10	10	amending Subsections (b), (c), and (d) and adding Subsection (f) to
11	11	read as follows:
12	12	(b) An election officer shall [may] accept a person with a
13	13	mobility problem that substantially impairs a person's ability to
14	14	ambulate who is offering to vote before accepting others offering
15	15	to vote at the polling place who arrived before the person.
16	16	(c) Notice of the priority given to persons with a mobility
17	17	problem that substantially impairs a person's ability to ambulate
18	18	shall be posted:
19	19	(1) at [one or more locations in] each entrance to a
20	20	polling place where it can be read by persons waiting to vote;
21	21	(2) on the Internet website of the secretary of state;
22	22	and
23	23	(3) on each Internet website relating to elections
24	24	maintained by a county.
25	25	(d) The notice required by Subsection (c) must read:
26	26	"Pursuant to Section 63.0015, Election Code, an election officer
27	27	shall [may] give voting order priority to individuals with a
28	28	mobility problem that substantially impairs the person's ability to
29	29	move around. A person assisting an individual with a mobility
30	30	problem may also, at the individual's request, be given voting
31	31	order priority. Disabilities and conditions that may qualify you
32	32	for voting order priority include paralysis, lung disease, the use
33	33	of portable oxygen, cardiac deficiency, severe limitation in the
34	34	ability to walk due to arthritic, neurological, or orthopedic
35	35	condition, wheelchair confinement, arthritis, foot disorder, the
36	36	inability to walk 200 feet without stopping to rest, or use of a
37	37	brace, cane, crutch, or other assistive device."
38	38	(f) All procedures and accommodations related to voting
39	39	available for voters with disabilities, including voting under
40	40	Section 64.009, shall be posted in an accessible manner on the
41	41	county clerk's Internet website.
42	42	SECTION 2. Section 64.009, Election Code, is amended by
43	43	adding Subsection (e) to read as follows:
44	44	(e) At each polling place two parking spaces shall be
45	45	reserved for voting under this section. The spaces may not be
46	46	parking spaces designated specifically for persons with
47	47	disabilities. The parking spaces must be clearly marked for use by a
48	48	voter who is unable to enter the polling place with a sign. The sign
49	49	must have a telephone number that a voter may call or text to
50	50	request assistance from election officials at the polling place.
51	51	SECTION 3. Section 84.011(a), Election Code, as effective
52	52	September 1, 2021, is amended to read as follows:
53	53	(a) The officially prescribed application form for an early
54	54	voting ballot must include:
55	55	(1) immediately preceding the signature space the
56	56	statement: "I certify that the information given in this
57	57	application is true, and I understand that giving false information
58	58	in this application is a crime.";
59	59	(2) a statement informing the applicant of the
60	60	offenses prescribed by Sections 84.003 and 84.004;
61	61	(3) spaces for entering an applicant's voter
62	62	registration number and county election precinct of registration,
63	63	with a statement informing the applicant that failure to furnish
64	64	that information does not invalidate the application; and
65	65	(4) on an application for a ballot to be voted by mail:
66	66	(A) a space for an applicant applying on the
67	67	ground of absence from the county of residence to indicate the date
68	68	on or after which the applicant can receive mail at the address
69	69	outside the county;
70	70	(B) a space for indicating the fact that an
71	71	applicant whose application is signed by a witness cannot make the
72	72	applicant's mark and a space for indicating the relationship or
73	73	lack of relationship of the witness to the applicant;
74	74	(C) a space for entering an applicant's telephone
75	75	number, with a statement informing the applicant that failure to
76	76	furnish that information does not invalidate the application;
77	77	(D) a space or box for an applicant applying on
78	78	the ground of age or disability to indicate that the address to
79	79	which the ballot is to be mailed is the address of a facility or
80	80	relative described by Section 84.002(a)(3), if applicable;
81	81	(E) a space or box for an applicant applying on
82	82	the ground of confinement in jail or involuntary civil commitment
83	83	to indicate that the address to which the ballot is to be mailed is
84	84	the address of a relative described by Section 84.002(a)(4) or (7),
85	85	if applicable;
86	86	(F) a space for an applicant applying on the
87	87	ground of age or disability to indicate if the application is an
88	88	application under Section 86.0015;
89	89	(G) spaces for entering the signature, printed
90	90	name, and residence address of any person assisting the applicant;
91	91	(H) a statement informing the applicant of the
92	92	condition prescribed by Section 81.005; [and]
93	93	(I) a statement informing the applicant of the
94	94	requirement prescribed by Section 86.003(c); and
95	95	(J) a space or box for an applicant applying on
96	96	the ground of disability to indicate that the voter would like to
97	97	receive a ballot under Section 86.0035.
98	98	SECTION 4. Subchapter A, Chapter 84, Election Code, is
99	99	amended by adding Section 84.0121 to read as follows:
100	100	Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
101	101	The early voting clerk shall post the official application form for
102	102	an early voting ballot on the clerk's Internet website in a format
103	103	that allows a person to easily complete the application directly on
104	104	the website before printing.
105	105	(b) The early voting clerk may use the application form
106	106	provided by the secretary of state under Section 84.013 or the early
107	107	voting clerk's own application form.
108	108	SECTION 5. Section 84.013, Election Code, is amended to
109	109	read as follows:
110	110	Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
111	111	STATE. (a) The secretary of state shall maintain a supply of the
112	112	official application forms for ballots to be voted by mail and shall
113	113	furnish the forms in reasonable quantities without charge to
114	114	individuals or organizations requesting them for distribution to
115	115	voters.
116	116	(b) The secretary of state shall provide a printable
117	117	application for a ballot by mail in a format that complies with
118	118	Section 84.0121(a) to the early voting clerk for use under that
119	119	section.
120	120	SECTION 6. Section 86.003, Election Code, is amended by
121	121	amending Subsection (a) and adding Subsection (e) to read as
122	122	follows:
123	123	(a) Except as provided by Subsection (e), the [The]
124	124	balloting materials for voting by mail shall be provided to the
125	125	voter by mail. A ballot provided by any other method may not be
126	126	counted.
127	127	(e) If a voter is eligible for early voting by mail on the
128	128	ground of disability, the balloting materials may be provided in
129	129	accordance with Section 86.0035.
130	130	SECTION 7. Chapter 86, Election Code, is amended by adding
131	131	Section 86.0035 to read as follows:
132	132	Sec. 86.0035. DIGITAL REMOTE VOTING. (a) In this section,
133	133	"tactile marking" means a method of identifying certain materials
134	134	based on touch, and includes a hole punch, a cut corner, or a
135	135	tactile sticker.
136	136	(b) The secretary of state shall implement a program to
137	137	allow a voter eligible for early voting on the ground of disability
138	138	to remotely receive and mark an early voting ballot to be voted by
139	139	mail using assistive technology equipment.
140	140	(c) The program implemented under this section must allow a
141	141	voter to receive and mark an early voting ballot to be voted by mail
142	142	without assistance.
143	143	(d) Section 86.010 applies to a voter voting a ballot under
144	144	this section.
145	145	(e) Subject to Subsection (h), a voter receiving and marking
146	146	a ballot under this section shall print the marked ballot and return
147	147	it in a manner provided by Section 86.006.
148	148	(f) If a voter receives a ballot under this section, the
149	149	early voting clerk shall provide an official ballot envelope and
150	150	carrier envelope to the voter by mail. The ballot envelope and
151	151	carrier envelope must include tactile marking to help the voter
152	152	identify and distinguish between the envelopes.
153	153	(g) A ballot under this section may not be rejected under
154	154	Subchapter C, Chapter 87, on the sole basis that:
155	155	(1) the marked ballot is printed on regular paper; or
156	156	(2) the voter's signature is not in the correct
157	157	location on the carrier envelope, if the voter's signature is
158	158	clearly visible and determined to be the signature of the voter.
159	159	(h) The secretary of state shall adopt rules and procedures
160	160	to implement this section. Rules adopted under this subsection may
161	161	include rules providing for an additional secure method of
162	162	returning a ballot under this section.
163	163	SECTION 8. Section 104.004(e), Election Code, is amended to
164	164	read as follows:
165	165	(e) If the voter is physically unable to enter the early
166	166	voting polling place without personal assistance or a likelihood of
167	167	injuring the voter's health, the clerk shall deliver the balloting
168	168	materials to the voter at the polling place entrance or curb
169	169	following the procedures prescribed by Section 64.009.
170	170	SECTION 9. This Act takes effect immediately if it receives
171	171	a vote of two-thirds of all the members elected to each house, as
172	172	provided by Section 39, Article III, Texas Constitution. If this
173	173	Act does not receive the vote necessary for immediate effect, this
174	174	Act takes effect on the 91st day after the last day of the
175	175	legislative session.