| 1 | 1 | | 89R11348 JDK-D |
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| 2 | 2 | | By: Dutton H.B. No. 3218 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to registering to vote and voting while in custody at |
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| 10 | 10 | | certain county jails and related procedures. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 43, Election Code, is |
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| 13 | 13 | | amended by adding Section 43.008 to read as follows: |
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| 14 | 14 | | Sec. 43.008. COUNTY JAIL AS POLLING PLACE. (a) The county |
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| 15 | 15 | | jail in a county with a population of 3.3 million or more shall |
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| 16 | 16 | | serve as a polling place for any election in that county. |
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| 17 | 17 | | (b) Only a resident of the county who is in custody at the |
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| 18 | 18 | | county jail and who has not been finally convicted of the offense |
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| 19 | 19 | | for which the resident is in custody is eligible to vote at a |
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| 20 | 20 | | polling place established under this section. |
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| 21 | 21 | | (c) A polling place established under this section must |
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| 22 | 22 | | allow a voter to vote in the same elections in which the voter would |
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| 23 | 23 | | be entitled to vote where the voter resides. |
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| 24 | 24 | | (d) A county jail serving as a polling place under this |
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| 25 | 25 | | section must provide a voter registration application to any person |
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| 26 | 26 | | in custody who requests an application and is eligible to vote at |
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| 27 | 27 | | the jail as provided by this section. |
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| 28 | 28 | | SECTION 2. Chapter 63, Election Code, is amended by adding |
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| 29 | 29 | | Section 63.0091 to read as follows: |
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| 30 | 30 | | Sec. 63.0091. REGISTRATION AT COUNTY JAIL POLLING PLACE; |
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| 31 | 31 | | VOTING PROCEDURES. (a) This section applies to the conduct of |
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| 32 | 32 | | voting and to the registration of voters notwithstanding and in |
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| 33 | 33 | | addition to other applicable provisions of this code. |
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| 34 | 34 | | (b) A person who would be eligible to vote in an election |
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| 35 | 35 | | under Section 11.001, but for the requirement to be a registered |
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| 36 | 36 | | voter, shall be accepted for voting at a county jail described by |
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| 37 | 37 | | Section 43.008 if, on the day the person offers to vote, the person: |
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| 38 | 38 | | (1) is in custody at the jail and has not been finally |
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| 39 | 39 | | convicted of the offense for which the person is in custody; |
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| 40 | 40 | | (2) submits a voter registration application that |
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| 41 | 41 | | complies with Section 13.002; and |
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| 42 | 42 | | (3) either: |
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| 43 | 43 | | (A) presents proof of identification in a form |
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| 44 | 44 | | described by Section 63.0101 that also establishes the person's |
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| 45 | 45 | | residence in the county where the county jail is located; or |
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| 46 | 46 | | (B) establishes the person's identification and |
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| 47 | 47 | | residence through records maintained by the county jail. |
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| 48 | 48 | | (c) Persons voting under this section shall be processed |
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| 49 | 49 | | separately at the polling place from persons who are voting under |
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| 50 | 50 | | regular procedures. |
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| 51 | 51 | | (d) The secretary of state shall prescribe the procedures |
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| 52 | 52 | | necessary to implement this section and to ensure the proper and |
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| 53 | 53 | | orderly conduct of elections. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2025. |
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