1 | 1 | | 89R21790 TSS-F |
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2 | 2 | | By: Guillen, et al. H.B. No. 304 |
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3 | 3 | | Substitute the following for H.B. No. 304: |
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4 | 4 | | By: Shaheen C.S.H.B. No. 304 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | A BILL TO BE ENTITLED |
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10 | 10 | | AN ACT |
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11 | 11 | | relating to the procedure for accepting a voter who presents as |
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12 | 12 | | identification a personal identification certificate, driver's |
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13 | 13 | | license, or commercial driver's license issued to the voter that |
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14 | 14 | | indicates the voter has not presented proof of the voter's United |
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15 | 15 | | States citizenship to the Department of Public Safety. |
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16 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 17 | | SECTION 1. Chapter 63, Election Code, is amended by adding |
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18 | 18 | | Section 63.0014 to read as follows: |
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19 | 19 | | Sec. 63.0014. ACCEPTING VOTERS WITH LIMITED VALIDITY FOR |
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20 | 20 | | VOTING DESIGNATOR. (a) Notwithstanding any other provision of |
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21 | 21 | | this code, a voter who presents a personal identification |
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22 | 22 | | certificate, driver's license, or commercial driver's license as |
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23 | 23 | | photo identification with a designator reading "VALID FOR VOTING |
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24 | 24 | | ONLY WITH VERIFICATION OF ELIGIBILITY" may only be accepted for |
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25 | 25 | | voting if the voter also presents proof of the voter's United States |
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26 | 26 | | citizenship. |
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27 | 27 | | (b) If the requirements of Subsection (a) are not met, the |
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28 | 28 | | voter may be accepted for provisional voting only under Section |
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29 | 29 | | 63.011. For a voter who is not accepted for voting under this |
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30 | 30 | | section, an election officer shall: |
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31 | 31 | | (1) inform the voter of the voter's right to cast a |
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32 | 32 | | provisional ballot under Section 63.011; and |
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33 | 33 | | (2) provide the voter with written information, in a |
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34 | 34 | | form prescribed by the secretary of state, that: |
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35 | 35 | | (A) lists the requirements for identification; |
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36 | 36 | | (B) states the procedure for presenting |
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37 | 37 | | identification under Section 65.0541; |
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38 | 38 | | (C) includes a map showing the location where |
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39 | 39 | | identification must be presented; and |
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40 | 40 | | (D) includes notice that if all procedures are |
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41 | 41 | | followed and the voter is found to be eligible to vote and is voting |
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42 | 42 | | in the correct precinct, the voter's provisional ballot will be |
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43 | 43 | | accepted. |
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44 | 44 | | SECTION 2. Section 63.011(a), Election Code, is amended to |
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45 | 45 | | read as follows: |
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46 | 46 | | (a) A person to whom Section 63.001(g), 63.0014(b), or |
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47 | 47 | | 63.009 applies may cast a provisional ballot if the person executes |
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48 | 48 | | an affidavit stating that the person: |
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49 | 49 | | (1) is a registered voter in the precinct in which the |
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50 | 50 | | person seeks to vote; and |
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51 | 51 | | (2) is eligible to vote in the election. |
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52 | 52 | | SECTION 3. Section 65.0541(a), Election Code, is amended to |
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53 | 53 | | read as follows: |
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54 | 54 | | (a) A voter who is accepted for provisional voting under |
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55 | 55 | | Section 63.011 because the voter does not meet the identification |
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56 | 56 | | requirements of Section 63.001(b) or 63.0014 may, not later than |
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57 | 57 | | the sixth day after the date of the election do one of the |
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58 | 58 | | following, as applicable: |
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59 | 59 | | (1) present a form of identification described by |
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60 | 60 | | Section 63.0101 to the voter registrar for examination; [or] |
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61 | 61 | | (2) execute an affidavit described by Section |
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62 | 62 | | 65.054(b)(2)(B) or (C) in the presence of the voter registrar; or |
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63 | 63 | | (3) present proof of the voter's United States |
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64 | 64 | | citizenship. |
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65 | 65 | | SECTION 4. Subchapter E, Chapter 521, Transportation Code, |
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66 | 66 | | is amended by adding Section 521.1017 to read as follows: |
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67 | 67 | | Sec. 521.1017. LIMITED VALIDITY FOR VOTING DESIGNATOR. If, |
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68 | 68 | | at the time a person applies for a personal identification |
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69 | 69 | | certificate, the person does not provide proof of the person's |
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70 | 70 | | United States citizenship, the personal identification certificate |
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71 | 71 | | issued to the person must display on the back of the certificate a |
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72 | 72 | | designator reading "VALID FOR VOTING ONLY WITH VERIFICATION OF |
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73 | 73 | | ELIGIBILITY." |
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74 | 74 | | SECTION 5. Subchapter F, Chapter 521, Transportation Code, |
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75 | 75 | | is amended by adding Section 521.1225 to read as follows: |
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76 | 76 | | Sec. 521.1225. LIMITED VALIDITY FOR VOTING DESIGNATOR. If, |
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77 | 77 | | at the time a person applies for a driver's license, the person does |
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78 | 78 | | not provide proof of the person's United States citizenship, the |
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79 | 79 | | driver's license issued to the person must display on the back of |
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80 | 80 | | the license a designator reading "VALID FOR VOTING ONLY WITH |
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81 | 81 | | VERIFICATION OF ELIGIBILITY." |
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82 | 82 | | SECTION 6. Section 521.126, Transportation Code, is amended |
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83 | 83 | | by adding Subsection (a-1) to read as follows: |
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84 | 84 | | (a-1) The electronically readable information derived from |
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85 | 85 | | a driver's license, commercial driver's license, or personal |
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86 | 86 | | identification certificate must include whether the license or |
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87 | 87 | | certificate displays a limited validity for voting designator |
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88 | 88 | | required under Section 521.1017, 521.1225, or 522.030(e). |
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89 | 89 | | SECTION 7. Section 522.030, Transportation Code, is amended |
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90 | 90 | | by adding Subsection (e) to read as follows: |
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91 | 91 | | (e) The department shall include on each commercial |
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92 | 92 | | driver's license issued under this chapter to a person who did not |
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93 | 93 | | provide proof of the person's United States citizenship at the time |
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94 | 94 | | the person applied for the license a designator displayed on the |
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95 | 95 | | back of the license reading "VALID FOR VOTING ONLY WITH |
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96 | 96 | | VERIFICATION OF ELIGIBILITY." |
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97 | 97 | | SECTION 8. The changes in law made by this Act to |
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98 | 98 | | Subchapters E and F, Chapter 521, Transportation Code, and Section |
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99 | 99 | | 522.030, Transportation Code, apply only to a personal |
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100 | 100 | | identification certificate, driver's license, or commercial |
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101 | 101 | | driver's license issued or renewed on or after the effective date of |
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102 | 102 | | this Act. A personal identification certificate, driver's license, |
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103 | 103 | | or commercial driver's license issued or renewed before the |
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104 | 104 | | effective date of this Act is governed by the law in effect when the |
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105 | 105 | | certificate or license was issued or renewed, and the former law is |
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106 | 106 | | continued in effect for that purpose. |
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107 | 107 | | SECTION 9. This Act takes effect March 1, 2026. |
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