| 1 | 1 | | 87S10345 SMT-D |
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| 2 | 2 | | By: West S.B. No. 35 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to automatic voter registration of students enrolled in |
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| 8 | 8 | | public institutions of higher education. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 13, Election Code, is |
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| 11 | 11 | | amended by adding Section 13.010 to read as follows: |
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| 12 | 12 | | Sec. 13.010. VOTER REGISTRATION THROUGH INSTITUTIONS OF |
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| 13 | 13 | | HIGHER EDUCATION. (a) The voter registrar of each county shall |
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| 14 | 14 | | automatically register any county resident who is eligible to vote |
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| 15 | 15 | | as provided by Section 13.001 and is enrolled in an institution of |
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| 16 | 16 | | higher education as defined by Section 61.003, Education Code. |
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| 17 | 17 | | (b) A student's application for enrollment in an |
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| 18 | 18 | | institution of higher education with an indication provided by |
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| 19 | 19 | | Section 20.133(b) that the enrollment is not for voter registration |
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| 20 | 20 | | purposes is not subject to this section. |
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| 21 | 21 | | (c) The secretary of state shall adopt rules and prescribe |
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| 22 | 22 | | procedures for the implementation of this section. |
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| 23 | 23 | | SECTION 2. Section 20.001, Election Code, is amended by |
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| 24 | 24 | | adding Subsection (f) to read as follows: |
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| 25 | 25 | | (f) Each institution of higher education, as defined by |
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| 26 | 26 | | Section 61.003, Education Code, is designated as a voter |
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| 27 | 27 | | registration agency. |
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| 28 | 28 | | SECTION 3. Chapter 20, Election Code, is amended by adding |
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| 29 | 29 | | Subchapter F to read as follows: |
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| 30 | 30 | | SUBCHAPTER F. INSTITUTIONS OF HIGHER EDUCATION |
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| 31 | 31 | | Sec. 20.131. DEFINITION. In this subchapter, "institution |
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| 32 | 32 | | of higher education" has the meaning assigned by Section 61.003, |
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| 33 | 33 | | Education Code. |
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| 34 | 34 | | Sec. 20.132. APPLICABILITY OF OTHER PROVISIONS. The other |
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| 35 | 35 | | provisions of this chapter apply to an institution of higher |
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| 36 | 36 | | education except provisions that conflict with this subchapter or |
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| 37 | 37 | | Section 13.010. |
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| 38 | 38 | | Sec. 20.133. REGISTRATION PROCEDURES. (a) An institution |
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| 39 | 39 | | of higher education shall consider each person of voting age who |
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| 40 | 40 | | enrolls at the institution an applicant for voter registration, |
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| 41 | 41 | | except as otherwise indicated by the person. |
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| 42 | 42 | | (b) An institution of higher education shall prescribe and |
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| 43 | 43 | | use a form and procedure that combines the institution's |
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| 44 | 44 | | application for enrollment with an officially prescribed voter |
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| 45 | 45 | | registration application form. The form and procedure must include |
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| 46 | 46 | | the option for an applicant to provide an appropriate address at the |
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| 47 | 47 | | time of enrollment in the institution. The form must allow an |
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| 48 | 48 | | applicant to indicate that the applicant does not wish the |
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| 49 | 49 | | applicant's enrollment to be used for voter registration purposes. |
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| 50 | 50 | | (c) The design, content, and physical characteristics of |
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| 51 | 51 | | the institution's forms must be approved by the secretary of state. |
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| 52 | 52 | | Sec. 20.134. RULES. The secretary of state shall prescribe |
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| 53 | 53 | | additional procedures as necessary to implement this subchapter. |
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| 54 | 54 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 55 | 55 | | last day of the legislative session. |
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