By: Schofield H.B. No. 237
A BILL TO BE ENTITLED
AN ACT
Relating to federal election practices and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.007, Election Code, is amended to
read as follows:
Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL
LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law,
order, regulation, or other official action any provision of
federal law regarding the registration of voters or conduct of
elections, including but not limited to the National Voter
Registration Act of 1993 or its successors is not required to be
implemented or enforced in whole or in part, an affected state law
or rule is suspended to the extent that the law or rule was enacted
or adopted to implement that law [Act], and it is the intent of the
legislature that the applicable law in effect immediately before
the enactment or adoption be reinstated and continued in effect
pending enactment of corrective state legislation.
(b) On a finding by the secretary of state that a suspension
of a law or rule has occurred under Subsection (a), the secretary
may modify applicable procedures as necessary to give effect to the
suspension and to reinstatement of the procedures of the former
law.
(c) The secretary of state may adopt rules to implement this
section as necessary.
SECTION 2. Chapter 31, Election Code, is amended by adding
Section 31.0075 to read as follows:
Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW.
(a) Pending enactment of conforming state legislation, the
secretary of state shall by rule, after consulting with the chair
and vice chair of the standing committees of the senate and house of
representatives having jurisdiction over elections, adopt
procedures to conform with federal laws enacted regarding federal
elections in a manner which will not substantively modify the
procedures for voter registration for or conduct of elections other
than federal elections provided in this Code, except as provided by
this section.
(b) In compliance with Subsection (a), to the extent federal
law modifies the requirements or procedures in this Code for voter
registration in federal elections, the secretary of state shall by
rule, establish and maintain a federal election voter registration
system in compliance with federal law. Any person registered under
this system shall not be eligible to vote in any election other than
federal elections unless that person is qualified and registered to
vote under Title 2 of this Code. Any person seeking to register to
vote under the federal election voter registration system provided
for under this subsection shall be notified upon registering to
vote under this system that registration to vote in federal
elections does not qualify a person to vote in any other election
conducted in this state unless that person registers to vote as
provided by Title 2 of this Code. All persons registered to vote as
provided by Title 2 of this Code shall be automatically registered
to vote under the federal election voter registration system
provided for under this subsection. Any voter registration
certificate issued or lists of registered voters produced under the
federal election voter registration system provided for under this
subsection shall be clearly marked "Valid for federal elections
only."
(c) In compliance with subsection (a), to the extent federal
law modifies the conduct of elections for federal office in a manner
which substantively conflicts with any provision in this Code,
notwithstanding any other provision in this Code, the secretary of
state shall by rule modify election procedures such that federal
and state elections can be held separately but concurrently. The
secretary in so doing shall minimize disruption and voter confusion
to the fullest extent feasible by sharing polling locations, voting
stations, and other similar measures.
SECTION 3. The changes in law made by this Act apply only to
an application to register to vote submitted on or after the
effective date of this Act.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session at which it is enacted.