Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB61 Compare Versions

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

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1	1	By: West, et al. S.B. No. 61
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	Relating to the Barbara Jordan Fair Elections Act.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. GENERAL PROVISIONS
9	9	SECTION 1.01. SHORT TITLE. This Act may be cited as the
10	10	Barbara Jordan Fair Elections Act.
11	11	SECTION 1.02. PURPOSE. The purpose of this Act is to
12	12	exercise the legislature's constitutional authority under Section
13	13	2, Article VI, Texas Constitution, to ensure that "The privilege of
14	14	free suffrage shall be protected by laws regulating elections and
15	15	prohibiting under adequate penalties all undue influence in
16	16	elections from power, bribery, tumult, or other improper practice."
17	17	SECTION 1.03. FINDINGS. The legislature finds that:
18	18	(1) full, free, and fair elections are the
19	19	underpinnings of a stable constitutional democracy;
20	20	(2) the privilege of free suffrage shall be protected
21	21	by laws regulating elections;
22	22	(3) maximizing the potential for safe, secure, and
23	23	accessible elections and enhancing the opportunities to vote
24	24	strengthen our constitutional democracy and provide for wide-scale
25	25	confidence in elections;
26	26	(4) additionally, preventing a valid vote from being
27	27	cast or counted violates the basic constitutional rights guaranteed
28	28	to each citizen by the United States Constitution and the law of the
29	29	land; and
30	30	(5) providing for voter access and increasing the
31	31	stability of a constitutional democracy ensures public confidence
32	32	in the legitimacy of public officers chosen by election.
33	33	SECTION 1.04. Chapter 1, Election Code, is amended by
34	34	adding Section 1.0015 to read as follows:
35	35	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
36	36	legislature that the application of this code and the conduct of
37	37	elections shall be uniform and consistent throughout this state to
38	38	promote voter access and ensure that all lawfully cast votes are
39	39	counted.
40	40	SECTION 1.05. Section 1.003, Election Code, is amended by
41	41	adding Subsection (a-1) to read as follows:
42	42	(a-1) A public official shall construe the provisions of
43	43	this code broadly to effect the intent of the legislature under
44	44	Section 1.0015.
45	45	ARTICLE 2. VOTER REGISTRATION
46	46	SECTION 2.01. Subchapter A, Chapter 13, Election Code, is
47	47	amended by adding Section 13.009 to read as follows:
48	48	Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
49	49	secretary of state shall implement a program to allow a person to
50	50	complete a voter registration application over the Internet from
51	51	the official website of this state. The websites of the secretary
52	52	of state and the Department of Public Safety must also provide a
53	53	link to the location of the application on the official website of
54	54	this state.
55	55	(b) An applicant for electronic voter registration who has a
56	56	driver's license or personal identification card issued in this
57	57	state, regardless of whether the license or card is unexpired,
58	58	must:
59	59	(1) attest to the truth of the information provided on
60	60	the application by affirmatively accepting the information as true;
61	61	and
62	62	(2) affirmatively consent to the use of the signature
63	63	on the applicant's driver's license or personal identification card
64	64	for voter registration purposes.
65	65	(c) An applicant for electronic voter registration who does
66	66	not have a driver's license or personal identification card issued
67	67	in this state must:
68	68	(1) attest to the truth of the information provided on
69	69	the application by affirmatively accepting the information as true;
70	70	and
71	71	(2) print a registration application from the website
72	72	the applicant is using to register, sign the application, and mail
73	73	it to the registrar.
74	74	(d) For each application submitted under Subsection (b),
75	75	the program must require that a digital copy of the applicant's
76	76	signature be obtained from the Department of Public Safety.
77	77	(e) For each application submitted under Subsection (c),
78	78	the program must provide the applicant with:
79	79	(1) a registration application that the applicant can
80	80	print from the registration website, sign, and mail to the
81	81	registrar as required under Subsection (c)(2); and
82	82	(2) information about how the applicant can obtain a
83	83	driver's license or personal identification card from the
84	84	Department of Public Safety.
85	85	(f) An application submitted under this section is
86	86	considered for all purposes an application submitted by mail under
87	87	this title.
88	88	(g) The secretary of state shall adopt rules as necessary to
89	89	implement this section, including rules to provide for additional
90	90	security measures necessary to ensure the accuracy and integrity of
91	91	applications submitted electronically.
92	92	(h) The rules adopted under Subsection (g) must require
93	93	that:
94	94	(1) the Internet website through which a person may
95	95	complete a voter registration application include a description of
96	96	the offense described by Section 13.007 in a conspicuous location
97	97	on the website near the place where the person begins or submits the
98	98	application; and
99	99	(2) the state electronic Internet portal project be
100	100	used to authenticate the identity of a person who submits an
101	101	application electronically under this section.
102	102	SECTION 2.02. Sections 84.001(b) and (d), Election Code,
103	103	are amended to read as follows:
104	104	(b) An application must be in writing and signed by the
105	105	applicant. Except as provided by Section 84.0091, an [An]
106	106	electronic signature is not permitted.
107	107	(d) An application must be submitted [by mail] to the early
108	108	voting clerk for the election who serves the election precinct of
109	109	the applicant's residence.
110	110	SECTION 2.03. Subchapter A, Chapter 13, Election Code, is
111	111	amended by adding Section 13.009 to read as follows:
112	112	Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
113	113	PUBLIC SAFETY. (a) The voter registrar of each county shall
114	114	automatically register any county resident who is eligible to vote
115	115	as provided by Section 13.001 and:
116	116	(1) is issued a Texas driver's license or a personal
117	117	identification card by the Department of Public Safety; or
118	118	(2) makes a change to a Texas driver's license or
119	119	personal identification card issued by the Department of Public
120	120	Safety.
121	121	(b) A driver's license or personal identification card
122	122	transaction with an indication provided by Section 20.062(b) or
123	123	20.063(c) that the transaction is not for voter registration
124	124	purposes is not subject to this section.
125	125	SECTION 2.04. Section 20.061, Election Code, is amended to
126	126	read as follows:
127	127	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
128	128	provisions of this chapter apply to the Department of Public Safety
129	129	except provisions that conflict with this subchapter or Section
130	130	13.009.
131	131	SECTION 2.05. Section 20.062(b), Election Code, is amended
132	132	to read as follows:
133	133	(b) The department shall prescribe and use a change of
134	134	address form and procedure that combines department and voter
135	135	registration functions. The form must allow a licensee or
136	136	cardholder to indicate that [whether] the change of address is not
137	137	[also to be used] for voter registration purposes.
138	138	SECTION 2.06. Section 20.063, Election Code, is amended to
139	139	read as follows:
140	140	Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
141	141	of Public Safety shall consider an application made in person, by
142	142	mail, or online at the department's Internet website [provide to
143	143	each person who applies in person at the department's offices] for
144	144	an original or renewal of a driver's license, a personal
145	145	identification card, or a duplicate or corrected license or card by
146	146	a person who is eligible to vote as provided by Section 13.001 an
147	147	application for [opportunity to complete a] voter registration.
148	148	The date of application is considered to be the date of submission
149	149	to the voter registrar for the purpose of determining the effective
150	150	date of registration [application form].
151	151	(b) The Department of Public Safety shall consider a change
152	152	of address that relates to [When the department processes] a
153	153	license or card and that is submitted to [for renewal by mail,] the
154	154	department [shall deliver to the applicant by mail a voter
155	155	registration application form.
156	156	[(c) A change of address that relates to a license or card
157	157	and that is submitted to the department] in person, [or] by mail, or
158	158	online at the department's Internet website [serves] as a change in
159	159	[of address for] voter registration [unless the licensee or
160	160	cardholder indicates that the change is not for voter registration
161	161	purposes]. The date of submission of a change of address to a
162	162	department employee is considered to be the date of submission to
163	163	the voter registrar for the purpose of determining the effective
164	164	date of registration [only].
165	165	(c) The registration of an eligible [(d) If a completed]
166	166	voter as required by Subsections (a) and (b) is automatic unless the
167	167	person indicates that the transaction is not for voter
168	168	registration purposes [application submitted to a department
169	169	employee does not include the applicant's correct driver's license
170	170	number or personal identification card number, a department
171	171	employee shall enter the appropriate information on the
172	172	application. If a completed application does not include the
173	173	applicant's correct residence address or mailing address, a
174	174	department employee shall obtain the appropriate information from
175	175	the applicant and enter the information on the application].
176	176	SECTION 2.07. Section 20.065(b), Election Code, is amended
177	177	to read as follows:
178	178	(b) Each weekday the department is regularly open for
179	179	business, the department shall electronically transfer to the
180	180	secretary of state the name and information designated by the
181	181	secretary of state for [of each person who completes a] voter
182	182	registration for each individual who is eligible to vote as
183	183	provided by Section 13.001 and applies in person, by mail, or online
184	184	at the department's Internet website for an original or renewal of a
185	185	driver's license, a personal identification card, or a duplicate or
186	186	corrected license or card [application submitted to the
187	187	department]. The secretary shall prescribe procedures necessary to
188	188	implement this subsection.
189	189	SECTION 2.08. Section 13.001, Election Code, is amended by
190	190	amending Subsections (a) and (b) and adding Subsections (d) and (e)
191	191	to read as follows:
192	192	(a) To be eligible for registration as a voter in this
193	193	state, a person must:
194	194	(1) except as provided by Subsection (d), be 18 years
195	195	of age or older;
196	196	(2) be a United States citizen;
197	197	(3) not have been determined by a final judgment of a
198	198	court exercising probate jurisdiction to be:
199	199	(A) totally mentally incapacitated; or
200	200	(B) partially mentally incapacitated without the
201	201	right to vote;
202	202	(4) not have been finally convicted of a felony or, if
203	203	so convicted, must have:
204	204	(A) fully discharged the person's sentence,
205	205	including any term of incarceration, parole, or supervision, or
206	206	completed a period of probation ordered by any court; or
207	207	(B) been pardoned or otherwise released from the
208	208	resulting disability to vote; and
209	209	(5) be a resident of the county in which application
210	210	for registration is made.
211	211	(b) Except as provided by Subsection (d), to [To] be
212	212	eligible to apply for registration, a person must, on the date the
213	213	registration application is submitted to the registrar, be at least
214	214	17 years and 10 months of age and satisfy the requirements of
215	215	Subsection (a) except for age.
216	216	(d) A person who will be 18 years of age or older on the date
217	217	of the next general election for state and county officers is
218	218	eligible to register as a voter in this state for the purposes of
219	219	voting in the primary election to determine a political party's
220	220	nominees for the general election if the person satisfies the
221	221	requirements of Subsection (a) except for age. The secretary of
222	222	state shall prescribe procedures necessary to implement this
223	223	subsection.
224	224	(e) The voter registrar may send a written notice to each
225	225	person who registers to vote under Subsection (d) stating that the
226	226	person is only eligible to vote in a primary election or runoff
227	227	primary election and that the person is not eligible to vote in any
228	228	other election until the person is 18 years of age. The notice may
229	229	list the elections in which the person is not eligible to vote.
230	230	SECTION 2.09. Subchapter A, Chapter 172, Election Code, is
231	231	amended by adding Section 172.005 to read as follows:
232	232	Sec. 172.005. VOTING BY PERSON UNDER AGE 18. (a)
233	233	Notwithstanding Section 11.001, a person may vote in a primary
234	234	election if the person:
235	235	(1) will be 18 years of age or older on the date of the
236	236	subsequent general election for state and county officers; and
237	237	(2) satisfies the requirements for being a qualified
238	238	voter except for age.
239	239	(b) The secretary of state, after consulting with the state
240	240	chairman of each political party required to make nominations by
241	241	primary election, shall prescribe the procedures necessary to
242	242	implement this section.
243	243	SECTION 2.10 Chapter 521A, Texas Transportation Code is
244	244	amended as follows:
245	245	Sec. 521A.002. ELECTION IDENTIFICATION CERTIFICATE FOR
246	246	HIGH SCHOOL STUDENTS. (a) The Department shall, at no cost to the
247	247	student, issue an election identification certificate to any
248	248	student who requests one and:
249	249	(1) is, on the date of the request, at least 17 years
250	250	and five months of age; and
251	251	(2) provides proof of enrollment showing the student
252	252	is currently enrolled in a Texas public high school, private
253	253	school, public or private charter school, or accredited homeschool
254	254	program.
255	255	SECTION 2.11. Chapter 63, Election Code, is amended by
256	256	adding Section 63.010 to read as follows:
257	257	Sec. 63.010. REGISTRATION AT POLLING PLACE. (a) A person
258	258	who would be eligible to vote in an election under Section 11.001,
259	259	but for the requirement to be a registered voter, shall be accepted
260	260	during voting by personal appearance for voting the ballot for the
261	261	precinct of the person's residence as shown by the identification
262	262	presented if, on the day the person offers to vote, the person:
263	263	(1) submits a voter registration application that
264	264	complies with Section 13.002 to an election officer at the polling
265	265	place; and
266	266	(2) presents as proof of residence a form of photo
267	267	identification described by Section 63.0101(a) that states the
268	268	person's current address.
269	269	(b) The election officer shall return the original proof of
270	270	residence to the voter.
271	271	(c) A person voting under this section shall vote a
272	272	provisional ballot in the manner provided by Section 63.011 except
273	273	that the person is not required to submit the affidavit under
274	274	Section 63.011(a).
275	275	(d) For each registration corresponding to a ballot cast
276	276	under this section, the voter registrar shall review the
277	277	application and determine whether the applicant is eligible for
278	278	registration as provided by Subchapter C, Chapter 13. A
279	279	registration approved under this subsection takes effect on the
280	280	date the vote was cast.
281	281	ARTICLE 3. VOTE BY MAIL
282	282	SECTION 3.01. Section 82.005, Election Code, is amended to
283	283	read as follows:
284	284	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
285	285	APPEARANCE]. Any qualified voter is eligible for early voting by
286	286	mail or personal appearance.
287	287	SECTION 3.02. Section 84.007(a), Election Code, is amended
288	288	to read as follows:
289	289	(a) Except as provided by Sections 84.008, [and] 84.009, and
290	290	84.0091, an application for a ballot to be voted by mail must be
291	291	submitted as provided by this section.
292	292	SECTION 3.03. Subchapter A, Chapter 84, Election Code, is
293	293	amended by adding Section 84.0091 to read as follows:
294	294	Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
295	295	MAIL: ELECTRONIC SUBMISSION. The secretary of state shall
296	296	implement a program to allow a person to complete an application for
297	297	an early voting ballot by mail over the Internet from the official
298	298	website of this state. The program must:
299	299	(1) permit an applicant to electronically sign the
300	300	application;
301	301	(2) deliver a completed application to the early
302	302	voting clerk for the election who serves the election precinct of
303	303	the applicant's residence; and
304	304	(3) permit an applicant to check the status of the
305	305	applicant's application.
306	306	SECTION 3.04. Subchapter C, Chapter 87, Election Code, is
307	307	amended by adding Section 87.0411 to read as follows:
308	308	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
309	309	BALLOT BOARD. (a) This section applies to an early voting ballot
310	310	voted by mail:
311	311	(1) for which the voter did not sign the carrier
312	312	envelope certificate;
313	313	(2) for which it cannot immediately be determined
314	314	whether the signature on the carrier envelope certificate is that
315	315	of the voter; or
316	316	(3) that does not contain a statement of residence
317	317	form if required under Section 86.002(a).
318	318	(b) Before deciding whether to accept or reject a ballot
319	319	under Section 87.041, the early voting ballot board shall notify a
320	320	voter within one business day of the discovery of a defect under
321	321	Subsection (a) to advise the voter of the defect and provide the
322	322	voter an opportunity to correct the defect by providing:
323	323	(1) if the defect involves the voter's signature:
324	324	(A) the following identification:
325	325	(i) the identification number from an
326	326	unexpired driver's license, election identification certificate,
327	327	or personal identification card issued to the voter by the
328	328	Department of Public Safety;
329	329	(ii) the last four digits of the voter's
330	330	social security number; or
331	331	(iii) if the voter does not possess any
332	332	identification described by Subparagraph (i) or (ii), a form of
333	333	identification described by Section 63.0101; and
334	334	(B) a signed cure attestation in a form
335	335	prescribed by the secretary of state stating that the ballot at
336	336	issue is that of the voter; or
337	337	(2) if the defect involves a required statement of
338	338	residence form, a signed and completed statement of residence form.
339	339	(c) Subsection (b) does not apply if the early voting ballot
340	340	board determines that it would be impossible to correct the defect
341	341	before the ninth day after the date of the election.
342	342	(d) A voter may submit materials listed under Subsection (b)
343	343	to the early voting clerk by:
344	344	(1) personal delivery;
345	345	(2) mail;
346	346	(3) e-mail; or
347	347	(4) telephonic facsimile machine, if a machine is
348	348	available in the clerk's office.
349	349	(e) The notice under Subsection (b) must:
350	350	(1) inform the voter that the voter's vote will not be
351	351	counted unless the voter submits the materials listed under
352	352	Subsection (b) not later than the ninth day after the date of the
353	353	election;
354	354	(2) instruct the voter on the methods of returning the
355	355	materials listed under Subsection (b);
356	356	(3) include a copy of the cure attestation or
357	357	statement of residence in the form prescribed by the secretary of
358	358	state; and
359	359	(4) direct the voter to the location of the cure
360	360	attestation or statement of residence form on the secretary of
361	361	state's Internet website.
362	362	(f) The early voting ballot board shall provide notice to
363	363	the voter under Subsection (b) by mail and any other method
364	364	reasonably calculated to provide sufficient time for the voter to
365	365	submit the required materials before the deadline prescribed by
366	366	this section.
367	367	(g) The early voting ballot board is not required to provide
368	368	notice under Subsection (b) if the board makes a determination
369	369	under Section 87.027(j) that the signature on the carrier envelope
370	370	certificate and ballot application are those of the voter.
371	371	(h) If the early voting ballot board does not provide notice
372	372	to the voter under Subsection (b) and the ballot meets the
373	373	requirements of Sections 87.041(b)(1), (3), (4), (5), (6), and (7),
374	374	the board shall accept the ballot in the manner provided by Section
375	375	87.042.
376	376	(i) The secretary of state shall:
377	377	(1) prominently display and maintain on the main page
378	378	of the secretary's Internet website a link to blank versions of the
379	379	statement of residence form and the cure attestation described by
380	380	Subsection(b); and
381	381	(2) adopt rules and prescribe forms as necessary to
382	382	implement this section.
383	383	(j) A statement of residence form or a cure attestation
384	384	prescribed under this section must include clear instructions for
385	385	completion and notice of the penalties associated with election
386	386	fraud and voting more than once in an election. The cure attestation
387	387	and statement of residence may not require the voter to have the
388	388	form notarized or signed by a witness.
389	389	(k) The signature provided by the voter on a cure
390	390	attestation or a statement of residence form shall be placed on file
391	391	with the county clerk or voter registrar to allow its use for future
392	392	signature comparison as provided by Sections 87.027(i) and
393	393	87.041(e).
394	394	ARTICLE 4. POLLING PLACES
395	395	SECTION 4.01. Subchapter A, Chapter 43, Election Code, is
396	396	amended by adding Section 43.008 to read as follows:
397	397	Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
398	398	"institution of higher education" has the meaning assigned by
399	399	Section 61.003, Education Code.
400	400	(b) The commissioners court of a county shall designate as a
401	401	polling place a number of locations on the main campus of an
402	402	institution of higher education located in the county as follows:
403	403	(1) if at least 5,000 but fewer than 10,000 students
404	404	are enrolled at the institution, one location; or
405	405	(2) if at least 10,000 students are enrolled at the
406	406	institution, two locations and one additional location for every
407	407	10,000 students enrolled at the institution over 10,000 students.
408	408	SECTION 4.02. Section 85.005(c), Election Code, is amended
409	409	as follows:
410	410	(c) In a county with a population of 30,000 [100,000] or
411	411	more, the voting in a primary election or the general election for
412	412	state and county officers shall be conducted at the main early
413	413	voting polling place for at least 12 hours on each weekday of the
414	414	last week of the early voting period, and the voting in a special
415	415	election ordered by the governor shall be conducted at the main
416	416	early voting polling place for at least 12 hours on each of the last
417	417	two days of the early voting period. Voting shall be conducted in
418	418	accordance with this subsection in those elections in a county with
419	419	a population under 30,000 [100,000] on receipt by the early voting
420	420	clerk of a written request for the extended hours submitted by at
421	421	least 15 registered voters of the county. The request must be
422	422	submitted in time to enable compliance with Section 85.067.
423	423	SECTION 4.03. Section 43.007(i), Election Code, is
424	424	repealed.
425	425	SECTION 4.04. Sections 43.007(c) and (d), Election Code,
426	426	are amended to read as follows:
427	427	(c) In conducting the program, the secretary of state shall
428	428	provide for an audit of the voting system equipment [direct
429	429	recording electronic voting units] before and after the election,
430	430	and during the election to the extent such an audit is practicable.
431	431	(d) The secretary of state shall select to participate in
432	432	the program each county that:
433	433	(1) has held a public hearing under Subsection (b);
434	434	(2) has submitted documentation listing the steps
435	435	taken to solicit input on participating in the program by
436	436	organizations or persons who represent the interests of voters;
437	437	(3) has implemented a computerized voter registration
438	438	list that allows an election officer at the polling place to verify
439	439	that a voter has not previously voted in the election;
440	440	(4) uses direct recording electronic voting machines,
441	441	ballot marking devices, or hand-marked scannable paper ballots that
442	442	are printed and scanned at the polling place or any other type of
443	443	voting system equipment that the secretary of state determines is
444	444	capable of processing votes for each type of ballot to be voted in
445	445	the county; and
446	446	(5) is determined by the secretary of state to have the
447	447	appropriate technological capabilities.
448	448	ARTICLE 5. VOTING BY PERSONAL APPEARANCE
449	449	SECTION 5.01. Section 85.001(a), Election Code, is amended
450	450	to read as follows:
451	451	(a) The period for early voting by personal appearance
452	452	begins on the 21st [17th] day before election day and continues
453	453	through the fourth day before election day, except as otherwise
454	454	provided by this section.
455	455	SECTION 5.02. Section 13.002(i), Election Code, as
456	456	effective September 1, 2021, is amended to read as follows:
457	457	(i) An applicant who wishes to receive an exemption from the
458	458	requirements of Section 63.001(b) on the basis of disability must
459	459	submit:
460	460	(1) written documentation:
461	461	(A) from the United States Social Security
462	462	Administration evidencing the applicant has been determined to have
463	463	a disability; or
464	464	(B) from the United States Department of Veterans
465	465	Affairs evidencing the applicant has a disability rating of at
466	466	least 50 percent; and
467	467	(2) a statement in a form prescribed by the secretary
468	468	of state that the applicant does not have [a form of] identification
469	469	required by Section 63.001(b) in a form described by [acceptable
470	470	under] Section 63.0101.
471	471	SECTION 5.03. Sections 63.001(b) and (i), Election Code,
472	472	are amended to read as follows:
473	473	(b) Except as provided by Subsection (h), on offering to
474	474	vote, a voter must present to an election officer at the polling
475	475	place:
476	476	(1) one form of photo identification listed in Section
477	477	63.0101(a); [or]
478	478	(2) one form of identification listed in Section
479	479	63.0101(b)(1), (2), or (3) accompanied by the declaration described
480	480	by Subsection (i);
481	481	(3) two forms of identification listed under Section
482	482	63.0101(b), including one form that contains the voter's current
483	483	address; or
484	484	(4) two forms of identification listed under Section
485	485	63.0101(b)(4) accompanied by the declaration described by
486	486	Subsection (i).
487	487	(i) If the requirement for identification prescribed by
488	488	Subsection (b)(1) or (3) is not met, an election officer shall
489	489	notify the voter that the voter may be accepted for voting if the
490	490	voter meets the requirement for identification prescribed by
491	491	Subsection (b)(2) or (4) and executes a declaration declaring the
492	492	voter has a reasonable impediment to meeting the requirement for
493	493	identification prescribed by Subsection (b)(1) or (3). A person is
494	494	subject to prosecution for perjury under Chapter 37, Penal Code, or
495	495	Section 63.0013 for a false statement or false information on the
496	496	declaration. The secretary of state shall prescribe the form of the
497	497	declaration. The form shall include:
498	498	(1) a notice that a person is subject to prosecution
499	499	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
500	500	false statement or false information on the declaration;
501	501	(2) a statement that the voter swears or affirms that
502	502	the information contained in the declaration is true, that the
503	503	person described in the declaration is the same person appearing at
504	504	the polling place to sign the declaration, and that the voter faces
505	505	a reasonable impediment to procuring the identification prescribed
506	506	by Subsection (b)(1) or (3);
507	507	(3) a place for the voter to indicate one of the
508	508	following impediments:
509	509	(A) lack of transportation;
510	510	(B) lack of birth certificate or other documents
511	511	needed to obtain the identification prescribed by Subsection
512	512	(b)(1);
513	513	(C) work schedule;
514	514	(D) lost or stolen identification;
515	515	(E) disability or illness;
516	516	(F) family responsibilities; and
517	517	(G) the identification prescribed by Subsection
518	518	(b)(1) or (3) has been applied for but not received;
519	519	(4) a place for the voter to sign and date the
520	520	declaration;
521	521	(5) a place for the election judge to sign and date the
522	522	declaration;
523	523	(6) a place to note the polling place at which the
524	524	declaration is signed; and
525	525	(7) a place for the election judge to note which form
526	526	of identification prescribed by Subsection (b)(2) or (4) the voter
527	527	presented.
528	528	SECTION 5.04. Sections 63.0101(a) and (b), Election Code,
529	529	are amended to read as follows:
530	530	(a) The following documentation is an acceptable form of
531	531	photo identification under this chapter:
532	532	(1) a driver's license, election identification
533	533	certificate, or personal identification card issued to the voter
534	534	[person] by the Department of Public Safety that has not expired or
535	535	that expired no earlier than four years before the date of
536	536	presentation;
537	537	(2) a United States military identification card that
538	538	contains the voter's [person's] photograph that has not expired or
539	539	that expired no earlier than four years before the date of
540	540	presentation;
541	541	(3) a United States citizenship certificate issued to
542	542	the voter [person] that contains the voter's [person's] photograph;
543	543	(4) a United States passport book or card issued to the
544	544	voter [person] that has not expired or that expired no earlier than
545	545	four years before the date of presentation; [or]
546	546	(5) a license to carry a handgun issued to the voter
547	547	[person] by the Department of Public Safety that has not expired or
548	548	that expired no earlier than four years before the date of
549	549	presentation;
550	550	(6) an official Native American tribal document that:
551	551	(A) contains the voter's photograph and address;
552	552	and
553	553	(B) is issued by a tribe that is federally
554	554	recognized and located in this state; or
555	555	(7) any other official government document issued to
556	556	the voter and containing the voter's name, address, and photograph.
557	557	(b) The following documentation is acceptable as proof of
558	558	identification under this chapter:
559	559	(1) a government document that shows the name and
560	560	address of the voter, including the voter's voter registration
561	561	certificate;
562	562	(2) one of the following documents that shows the name
563	563	and address of the voter:
564	564	(A) a copy of a current utility bill;
565	565	(B) a bank or credit union statement;
566	566	(C) a government check; or
567	567	(D) a paycheck or pension plan statement; [or]
568	568	(3) a certified copy of a domestic birth certificate
569	569	or other document confirming birth that is admissible in a court of
570	570	law and establishes the voter's [person's] identity; or
571	571	(4) two of the following documents issued or delivered
572	572	to the voter, one of which must contain the name and address of the
573	573	voter:
574	574	(A) a Medicare, Medicaid, or Department of
575	575	Veterans Affairs identification card or other health insurance
576	576	identification card;
577	577	(B) a Department of Defense identification card;
578	578	(C) a social security identification card;
579	579	(D) a credit or debit card;
580	580	(E) a student identification card issued by a
581	581	public or private high school or institution of higher education;
582	582	(F) a Texas Department of Criminal Justice
583	583	document indicating release or parole;
584	584	(G) a fishing or hunting license;
585	585	(H) a lease or mortgage for real property;
586	586	(I) a motor vehicle title;
587	587	(J) an insurance certificate, policy
588	588	declaration, or other document demonstrating proof of insurance;
589	589	(K) an official Native American tribal document
590	590	that is issued by a tribe that is federally recognized and located
591	591	in this state;
592	592	(L) a property tax assessment;
593	593	(M) a letter of confirmation of residence, letter
594	594	of stay, admission form, or statement of benefits from:
595	595	(i) a student residence at a public or
596	596	private institution of higher education;
597	597	(ii) a nursing home or other long-term care
598	598	facility or a retirement center; or
599	599	(iii) a shelter.
600	600	(N) a document listed in Subdivision (1), (2), or
601	601	(3); or
602	602	(O) another government document containing the
603	603	voter's name.
604	604	SECTION 5.05. Section 63.011(b), Election Code, is amended
605	605	to read as follows:
606	606	(b) A form for an affidavit required by this section must be
607	607	printed on an envelope in which the provisional ballot voted by the
608	608	person may be placed and must include:
609	609	(1) a space for entering the identification number of
610	610	the provisional ballot voted by the person; and
611	611	(2) a space for an election officer to indicate
612	612	whether the person presented [a form of] identification required by
613	613	Section 63.001(b) in a form described by Section 63.0101.
614	614	SECTION 5.06. Section 65.0541(a), Election Code, is amended
615	615	to read as follows:
616	616	(a) A voter who is accepted for provisional voting under
617	617	Section 63.011 because the voter does not meet the identification
618	618	requirements of Section 63.001(b) may, not later than the sixth day
619	619	after the date of the election:
620	620	(1) present [a form of] identification required by
621	621	Section 63.001(b) in a form described by Section 63.0101 to the
622	622	voter registrar for examination; or
623	623	(2) execute an affidavit described by Section
624	624	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
625	625	SECTION 5.07. Section 86.006(a-1), Election Code, is
626	626	amended to read as follows:
627	627	(a-1) The voter may deliver a marked ballot in person to the
628	628	early voting clerk's office only while the polls are open on
629	629	election day. A voter who delivers a marked ballot in person must
630	630	present identification required by Section 63.001(b) in a [an
631	631	acceptable] form [of identification] described by Section 63.0101.
632	632	SECTION 5.08. Section 64.012, Election Code, is amended by
633	633	adding Subsection (c) to read as follows:
634	634	(c) It is an exception to the application of Subsection
635	635	(a)(1) that the person:
636	636	(1) voted or attempted to vote a provisional ballot in
637	637	accordance with Section 63.011; and
638	638	(2) did not know:
639	639	(A) of the particular circumstances that made the
640	640	person not eligible to vote in the election; or
641	641	(B) that those circumstances made the person not
642	642	eligible to vote in the election.
643	643	SECTION 5.09. The change in law made by this Act applies
644	644	only to an offense committed on or after the effective date of this
645	645	Act. An offense committed before the effective date of this Act is
646	646	governed by the law in effect on the date the offense was committed,
647	647	and the former law is continued in effect for that purpose. For
648	648	purposes of this section, an offense was committed before the
649	649	effective date of this Act if any element of the offense occurred
650	650	before that date.
651	651	SECTION 5.10. Section 662.003(b), Government Code, is
652	652	amended to read as follows:
653	653	(b) A state holiday includes only the following days:
654	654	(1) the 19th day of January, "Confederate Heroes Day,"
655	655	in honor of Jefferson Davis, Robert E. Lee, and other Confederate
656	656	heroes;
657	657	(2) the second day of March, "Texas Independence Day";
658	658	(3) the 21st day of April, "San Jacinto Day";
659	659	(4) the 19th day of June, "Emancipation Day in Texas,"
660	660	in honor of the emancipation of the slaves in Texas in 1865;
661	661	(5) the 27th day of August, "Lyndon Baines Johnson
662	662	Day," in observance of the birthday of Lyndon Baines Johnson;
663	663	(6) the Friday after Thanksgiving Day;
664	664	(7) the 24th day of December; [and]
665	665	(8) the 26th day of December; and
666	666	(9) the first Tuesday after the first Monday in
667	667	November of an even-numbered year.
668	668	SECTION 5.11. Section 662.021, Government Code, is amended
669	669	to read as follows:
670	670	Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
671	671	only the following days:
672	672	(1) a national holiday under Section 662.003(a); and
673	673	(2) a state holiday under Sections 662.003(b)(1)
674	674	through (6) and Section 662.003(b)(9).
675	675	SECTION 3. This Act takes effect on the 91st day after the
676	676	last day of the legislative session.
677	677	ARTICLE 6. VOLUNTEER DEPUTY REGISTRARS
678	678	SECTION 6.01. Section 13.031, Election Code, is amended by
679	679	adding Subsection (f) to read as follows:
680	680	(f) A volunteer deputy registrar appointed under this
681	681	section may serve as a volunteer deputy registrar throughout the
682	682	state regardless of which county appointed the deputy registrar.
683	683	The secretary of state shall prescribe procedures to implement this
684	684	subsection.
685	685	SECTION 6.02. Section 13.033(b), Election Code, is amended
686	686	to read as follows:
687	687	(b) If a person is to be appointed, the registrar shall
688	688	prepare a certificate of appointment in duplicate containing:
689	689	(1) the date of appointment;
690	690	(2) the statement: "I, ____________, Voter Registrar
691	691	for ____________ County, do hereby appoint ____________ as a
692	692	volunteer deputy registrar [for ____________ County].";
693	693	(3) the person's residence address;
694	694	(4) the person's voter registration number, if any;
695	695	(5) a statement that the term of the appointment
696	696	expires December 31 of an even-numbered year; and
697	697	(6) a statement that the appointment terminates on the
698	698	person's final conviction for an offense for failure to deliver a
699	699	registration application and may terminate on the registrar's
700	700	determination that the person failed to adequately review a
701	701	registration application, intentionally destroyed or physically
702	702	altered a registration application, or engaged in any other
703	703	activity that conflicts with the responsibilities of a volunteer
704	704	deputy registrar under this chapter.
705	705	SECTION 6.03. Section 13.037(a), Election Code, is amended
706	706	to read as follows:
707	707	(a) A person may not receive compensation from any [the]
708	708	county for service as a volunteer deputy registrar unless
709	709	compensation is authorized by the commissioners court of that
710	710	county.
711	711	SECTION 6.04. Section 13.038, Election Code, is amended to
712	712	read as follows:
713	713	Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
714	714	registrar may distribute voter registration application forms
715	715	throughout the county and receive registration applications
716	716	submitted to the deputy in person.
717	717	(b) A volunteer deputy registrar may distribute a voter
718	718	registration application in the form prescribed by the secretary of
719	719	state under Section 31.002 throughout the state and receive an
720	720	application in that form submitted to the deputy in person,
721	721	regardless of the county in which the application was printed.
722	722	(c) The secretary of state shall prescribe procedures to
723	723	implement this section.
724	724	ARTICLE 7. UNOPPOSED CANDIDATES
725	725	SECTION 7.01. Section 2.053(a), Election Code, is amended
726	726	to read as follows:
727	727	(a) On receipt of the certification, the governing body of
728	728	the political subdivision by order or ordinance shall [may] declare
729	729	each unopposed candidate elected to the office. If no election is to
730	730	be held on election day by the political subdivision, a copy of the
731	731	order or ordinance shall be posted on election day at each polling
732	732	place used or that would have been used in the election.
733	733	SECTION 7.02. Section 2.056(c), Election Code, is amended
734	734	to read as follows:
735	735	(c) A certifying authority shall [may] declare a candidate
736	736	elected to an office of the state or county government if, were the
737	737	election held, only the votes cast for that candidate in the
738	738	election for that office may be counted.
739	739	SECTION 7.03. Section 52.092(a), Election Code, is amended
740	740	to read as follows:
741	741	(a) Except as provided by Section 2.053(c) or 2.056(e), for
742	742	[For] an election at which offices regularly filled at the general
743	743	election for state and county officers are to appear on the ballot,
744	744	the offices shall be listed in the following order:
745	745	(1) offices of the federal government;
746	746	(2) offices of the state government:
747	747	(A) statewide offices;
748	748	(B) district offices;
749	749	(3) offices of the county government:
750	750	(A) county offices;
751	751	(B) precinct offices.
752	752	ARTICLE 8. ELECTION OFFICIALS, VOLUNTEERS, AND POLL WATCHERS
753	753	SECTION 8.01. Subchapter B, Chapter 33, Election Code, is
754	754	amended by adding Section 33.036 to read as follows:
755	755	Sec. 33.036. TRAINING. (a) To be eligible to serve as a
756	756	watcher, a person must complete the training required of election
757	757	judges under Subchapter F, Chapter 32.
758	758	(b) The secretary of state shall adopt rules to implement
759	759	this section.
760	760	(c) Before accepting a watcher, the officer presented with a
761	761	watcher's certificate of appointment shall require the watcher to
762	762	take the following oath, administered by the officer: "I swear (or
763	763	affirm) that I will not disrupt the voting process or harass voters
764	764	in the discharge of my duties."
765	765	SECTION 8.02. Chapter 32, Texas Election Code, is amended
766	766	to read as follows:
767	767	Sec. 32.013. INDEMNIFICATION OF ELECTION JUDGES, CLERKS,
768	768	AND WORKERS. (a) in the event an election judge, election clerk, or
769	769	election worker is subject to a lawsuit suit or court action,
770	770	including a writ of mandamus, while exercising their official
771	771	duties, or relating to the exercise of their official duty; (b) it
772	772	shall be the responsibility of the government body which appointed
773	773	the election judges, election clerks, or election workers to:
774	774	(b) completely indemnify the election judge, election
775	775	clerk, or election worker against any damages, legal fees,
776	776	attorneys fees, or any costs and fees associated with litigation
777	777	arising out of their work in an official capacity as an election
778	778	judge or clerk.
779	779	ARTICLE 9. EFFECTIVE DATE
780	780	SECTION 9.01. This Act takes effect immediately if it
781	781	receives a vote of two-thirds of all the members elected to each
782	782	house, as provided by Section 39, Article III, Texas Constitution.
783	783	If this Act does not receive the vote necessary for immediate
784	784	effect, this Act takes effect October 1, 2021.