89R21790 TSS-F
By: Guillen, et al. H.B. No. 304
Substitute the following for H.B. No. 304:
By: Shaheen C.S.H.B. No. 304
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for accepting a voter who presents as
identification a personal identification certificate, driver's
license, or commercial driver's license issued to the voter that
indicates the voter has not presented proof of the voter's United
States citizenship to the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 63, Election Code, is amended by adding
Section 63.0014 to read as follows:
Sec. 63.0014. ACCEPTING VOTERS WITH LIMITED VALIDITY FOR
VOTING DESIGNATOR. (a) Notwithstanding any other provision of
this code, a voter who presents a personal identification
certificate, driver's license, or commercial driver's license as
photo identification with a designator reading "VALID FOR VOTING
ONLY WITH VERIFICATION OF ELIGIBILITY" may only be accepted for
voting if the voter also presents proof of the voter's United States
citizenship.
(b) If the requirements of Subsection (a) are not met, the
voter may be accepted for provisional voting only under Section
63.011. For a voter who is not accepted for voting under this
section, an election officer shall:
(1) inform the voter of the voter's right to cast a
provisional ballot under Section 63.011; and
(2) provide the voter with written information, in a
form prescribed by the secretary of state, that:
(A) lists the requirements for identification;
(B) states the procedure for presenting
identification under Section 65.0541;
(C) includes a map showing the location where
identification must be presented; and
(D) includes notice that if all procedures are
followed and the voter is found to be eligible to vote and is voting
in the correct precinct, the voter's provisional ballot will be
accepted.
SECTION 2. Section 63.011(a), Election Code, is amended to
read as follows:
(a) A person to whom Section 63.001(g), 63.0014(b), or
63.009 applies may cast a provisional ballot if the person executes
an affidavit stating that the person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) is eligible to vote in the election.
SECTION 3. Section 65.0541(a), Election Code, is amended to
read as follows:
(a) A voter who is accepted for provisional voting under
Section 63.011 because the voter does not meet the identification
requirements of Section 63.001(b) or 63.0014 may, not later than
the sixth day after the date of the election do one of the
following, as applicable:
(1) present a form of identification described by
Section 63.0101 to the voter registrar for examination; [or]
(2) execute an affidavit described by Section
65.054(b)(2)(B) or (C) in the presence of the voter registrar; or
(3) present proof of the voter's United States
citizenship.
SECTION 4. Subchapter E, Chapter 521, Transportation Code,
is amended by adding Section 521.1017 to read as follows:
Sec. 521.1017. LIMITED VALIDITY FOR VOTING DESIGNATOR. If,
at the time a person applies for a personal identification
certificate, the person does not provide proof of the person's
United States citizenship, the personal identification certificate
issued to the person must display on the back of the certificate a
designator reading "VALID FOR VOTING ONLY WITH VERIFICATION OF
ELIGIBILITY."
SECTION 5. Subchapter F, Chapter 521, Transportation Code,
is amended by adding Section 521.1225 to read as follows:
Sec. 521.1225. LIMITED VALIDITY FOR VOTING DESIGNATOR. If,
at the time a person applies for a driver's license, the person does
not provide proof of the person's United States citizenship, the
driver's license issued to the person must display on the back of
the license a designator reading "VALID FOR VOTING ONLY WITH
VERIFICATION OF ELIGIBILITY."
SECTION 6. Section 521.126, Transportation Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The electronically readable information derived from
a driver's license, commercial driver's license, or personal
identification certificate must include whether the license or
certificate displays a limited validity for voting designator
required under Section 521.1017, 521.1225, or 522.030(e).
SECTION 7. Section 522.030, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) The department shall include on each commercial
driver's license issued under this chapter to a person who did not
provide proof of the person's United States citizenship at the time
the person applied for the license a designator displayed on the
back of the license reading "VALID FOR VOTING ONLY WITH
VERIFICATION OF ELIGIBILITY."
SECTION 8. The changes in law made by this Act to
Subchapters E and F, Chapter 521, Transportation Code, and Section
522.030, Transportation Code, apply only to a personal
identification certificate, driver's license, or commercial
driver's license issued or renewed on or after the effective date of
this Act. A personal identification certificate, driver's license,
or commercial driver's license issued or renewed before the
effective date of this Act is governed by the law in effect when the
certificate or license was issued or renewed, and the former law is
continued in effect for that purpose.
SECTION 9. This Act takes effect March 1, 2026.