Texas 2025 - 89th Regular

Texas House Bill HB3367 Compare Versions

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

Old	New	Differences
1	1	89R2698 PRL-D
2	2	By: Morgan H.B. No. 3367
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility to vote in an election.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 15.022(a), Election Code, is amended to
12	12	read as follows:
13	13	(a) The registrar shall make the appropriate corrections in
14	14	the registration records, including, if necessary, deleting a
15	15	voter's name from the suspense list:
16	16	(1) after receipt of a notice of a change in
17	17	registration information under Section 15.021;
18	18	(2) after receipt of a voter's reply to a notice of
19	19	investigation given under Section 16.033;
20	20	(3) after receipt of any affidavits executed under
21	21	Section 63.006, following an election;
22	22	(4) [after receipt of a voter's statement of residence
23	23	executed under Section 63.0011;
24	24	[(5)] before the effective date of the abolishment of
25	25	a county election precinct or a change in its boundary;
26	26	(5) [(6)] after receipt of United States Postal
27	27	Service information indicating an address reclassification;
28	28	(6) [(7)] after receipt of a voter's response under
29	29	Section 15.053;
30	30	(7) [(8)] after receipt of a registration application
31	31	or change of address under Chapter 20; or
32	32	(8) [(9)] after notification of a data entry error of
33	33	which the voter registrar is made aware under Section 63.0051.
34	34	SECTION 2. Section 15.025(a), Election Code, is amended to
35	35	read as follows:
36	36	(a) Except as provided by Subsections (b) and (d), the
37	37	registration of a voter described by this subsection whose
38	38	information is changed on the registration records becomes
39	39	effective as to the change on the 30th day after:
40	40	(1) the date the voter submits to the registrar a
41	41	notice of a change in registration information under Section 15.021
42	42	or a response under Section 15.053, indicating the change; or
43	43	(2) the date the voter submits [a statement of
44	44	residence to an election officer under Section 63.0011 or] a
45	45	registration application or change of address to an agency employee
46	46	under Chapter 20, indicating the change.
47	47	SECTION 3. Section 15.052(a), Election Code, is amended to
48	48	read as follows:
49	49	(a) The officially prescribed form for a confirmation
50	50	notice must include:
51	51	(1) [a statement that, if the voter fails to submit to
52	52	the registrar a written, signed response confirming the voter's
53	53	current residence on or before the 30th day after the date the
54	54	confirmation notice is mailed:
55	55	[(A) the voter is subject to submission of a
56	56	statement of residence before the voter may be accepted for voting
57	57	in an election held after that deadline; or
58	58	[(B) for a notice delivered under Section 14.023,
59	59	the voter will remain subject to submission of a statement of
60	60	residence before the voter may be accepted for voting in an
61	61	election;
62	62	[(2)] a warning that the voter's registration is
63	63	subject to cancellation if the voter fails to confirm the voter's
64	64	current residence [either] by notifying the registrar in writing
65	65	[or voting on a statement of residence] before November 30
66	66	following the second general election for state and county officers
67	67	that occurs after the date the confirmation notice is mailed; and
68	68	(2) [(3)] a statement that the voter must include all
69	69	of the required information on the official confirmation notice
70	70	response form.
71	71	SECTION 4. Section 16.092, Election Code, is amended to
72	72	read as follows:
73	73	Sec. 16.092. SWORN STATEMENT REQUIRED. A voter desiring to
74	74	challenge a registration must file with the registrar a sworn
75	75	statement of the grounds for the challenge that:
76	76	(1) identifies the voter whose registration is being
77	77	challenged; and
78	78	(2) states a specific qualification for registration
79	79	that the challenged voter has not met based on the personal
80	80	knowledge of the voter desiring to challenge the registration,
81	81	including knowledge obtained through publicly available
82	82	information.
83	83	SECTION 5. Sections 63.001(b) and (e), Election Code, are
84	84	amended to read as follows:
85	85	(b) On [Except as provided by Subsection (h), on] offering
86	86	to vote, a voter must present to an election officer at the polling
87	87	place a driver's license or personal identification card issued to
88	88	the person by the Department of Public Safety that has not expired
89	89	[:
90	90	[(1) one form of photo identification listed in
91	91	Section 63.0101(a); or
92	92	[(2) one form of identification listed in Section
93	93	63.0101(b) accompanied by the declaration described by Subsection
94	94	(i)].
95	95	(e) On accepting a voter, an election officer shall indicate
96	96	beside the voter's name on the list of registered voters that the
97	97	voter is accepted for voting. [If the voter executes a declaration
98	98	of reasonable impediment to meet the requirement for identification
99	99	under Subsection (b), the election officer must affix the voter's
100	100	voter registration number to the declaration either in numeric or
101	101	bar code form.]
102	102	SECTION 6. Sections 63.0011(a) and (b), Election Code, are
103	103	amended to read as follows:
104	104	(a) Before a voter may be accepted for voting, an election
105	105	officer shall:
106	106	(1) ask the voter to state [if] the voter's current
107	107	residence address; and
108	108	(2) compare the address stated by the voter to the
109	109	voter's residence address listed on:
110	110	(A) the precinct list of registered voters; and
111	111	(B) a driver's license or personal
112	112	identification card issued to the person by the Department of
113	113	Public Safety that has not expired [is current and whether the voter
114	114	has changed residence within the county. If the voter's address is
115	115	omitted from the precinct list under Section 18.005(c), the officer
116	116	shall ask the voter if the voter's residence, if listed, on
117	117	identification presented by the voter under Section 63.001(b) is
118	118	current and whether the voter has changed residence within the
119	119	county].
120	120	(b) If the voter's residence address provided under
121	121	Subsection (a) does not match the address on the precinct list of
122	122	registered voters or the address listed on the voter's driver's
123	123	license or personal identification card [is not current because the
124	124	voter has changed residence within the county], the voter may be
125	125	accepted for provisional voting only under Section 63.011 [vote,
126	126	if otherwise eligible, in the election precinct in which the voter
127	127	is registered if the voter resides in the county in which the voter
128	128	is registered and, if applicable:
129	129	[(1) resides in the political subdivision served by
130	130	the authority ordering the election if the political subdivision is
131	131	other than the county; or
132	132	[(2) resides in the territory covered by the election
133	133	in a less-than-countywide election ordered by the governor or a
134	134	county authority].
135	135	SECTION 7. Section 63.004(a), Election Code, is amended to
136	136	read as follows:
137	137	(a) The secretary of state may prescribe forms that combine
138	138	the poll list, the signature roster, or any other form used in
139	139	connection with the acceptance of voters at polling places with
140	140	each other or with the list of registered voters. The secretary
141	141	shall prescribe any special instructions necessary for using the
142	142	combination forms. [The combination forms must include space for
143	143	an election officer to indicate whether a voter executed a
144	144	declaration of reasonable impediment under Section 63.001(i).]
145	145	SECTION 8. Sections 63.011(a) and (b), Election Code, are
146	146	amended to read as follows:
147	147	(a) A person to whom Section 63.001(g), 63.0011(b), or
148	148	63.009 applies may cast a provisional ballot if the person executes
149	149	an affidavit stating that the person:
150	150	(1) is a registered voter in the precinct in which the
151	151	person seeks to vote; and
152	152	(2) is eligible to vote in the election.
153	153	(b) A form for an affidavit required by this section must be
154	154	printed on an envelope in which the provisional ballot voted by the
155	155	person may be placed and must include[:
156	156	[(1)] a space for entering the identification number
157	157	of the provisional ballot voted by the person[; and
158	158	[(2) a space for an election officer to indicate
159	159	whether the person presented a form of identification described by
160	160	Section 63.0101].
161	161	SECTION 9. Section 65.0541(a), Election Code, is amended to
162	162	read as follows:
163	163	(a) A voter who is accepted for provisional voting under
164	164	Section 63.011 because the voter does not meet the identification
165	165	requirements of Section 63.001(b) may, not later than the sixth day
166	166	after the date of the election:
167	167	(1) present a form of identification that meets the
168	168	requirements of [described by] Section 63.001(b) [63.0101] to the
169	169	voter registrar for examination; or
170	170	(2) execute an affidavit described by Section
171	171	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
172	172	SECTION 10. Section 66.0241, Election Code, is amended to
173	173	read as follows:
174	174	Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
175	175	must contain:
176	176	(1) the precinct list of registered voters;
177	177	(2) the registration correction list; and
178	178	(3) [any statements of residence executed under
179	179	Section 63.0011; and
180	180	[(4)] any affidavits executed under Section 63.006 or
181	181	63.011.
182	182	SECTION 11. Sections 84.002(a) and (b-1), Election Code,
183	183	are amended to read as follows:
184	184	(a) An early voting ballot application must include:
185	185	(1) the applicant's name and the address at which the
186	186	applicant is registered to vote;
187	187	(1-a) the following information:
188	188	(A) the number of the applicant's driver's
189	189	license[, election identification certificate,] or personal
190	190	identification card issued by the Department of Public Safety;
191	191	(B) if the applicant has not been issued a number
192	192	described by Paragraph (A), the last four digits of the applicant's
193	193	social security number; or
194	194	(C) a statement by the applicant that the
195	195	applicant has not been issued a number described by Paragraph (A) or
196	196	(B);
197	197	(2) for an application for a ballot to be voted by mail
198	198	on the ground of absence from the county of residence, the address
199	199	outside the applicant's county of residence to which the ballot is
200	200	to be mailed;
201	201	(3) for an application for a ballot to be voted by mail
202	202	on the ground of age or disability, the address of the hospital,
203	203	nursing home or other long-term care facility, or retirement
204	204	center, or of a person related to the applicant within the second
205	205	degree by affinity or the third degree by consanguinity, as
206	206	determined under Chapter 573, Government Code, if the applicant is
207	207	living at that address and that address is different from the
208	208	address at which the applicant is registered to vote;
209	209	(4) for an application for a ballot to be voted by mail
210	210	on the ground of confinement in jail, the address of the jail or of a
211	211	person related to the applicant within the degree described by
212	212	Subdivision (3);
213	213	(5) for an application for a ballot to be voted by mail
214	214	on any ground, an indication of each election for which the
215	215	applicant is applying for a ballot;
216	216	(6) an indication of the ground of eligibility for
217	217	early voting; and
218	218	(7) for an application for a ballot to be voted by mail
219	219	on the ground of involuntary civil commitment, the address of the
220	220	facility operated by or under contract with the Texas Civil
221	221	Commitment Office or of a person related to the applicant within the
222	222	degree of consanguinity described by Subdivision (3).
223	223	(b-1) A person may use the number of a driver's license[,
224	224	election identification certificate,] or personal identification
225	225	card that has expired for the purpose of fulfilling the requirement
226	226	under Subsection (a)(1-a) if the license or identification is
227	227	otherwise valid.
228	228	SECTION 12. Section 86.001, Election Code, is amended by
229	229	adding Subsection (h) to read as follows:
230	230	(h) If the applicant's name appears on the list of
231	231	registered voters with the notation "S", or a similar notation, or
232	232	the residence address on the applicant's early voting ballot
233	233	application is not the same as the applicant's residence address on
234	234	the list of registered voters, the clerk shall reject the
235	235	application.
236	236	SECTION 13. Sections 86.002(a), (c), (g), and (h), Election
237	237	Code, are amended to read as follows:
238	238	(a) The early voting clerk shall provide an official ballot
239	239	envelope and carrier envelope with each ballot provided to a voter.
240	240	[If the voter's name appears on the list of registered voters with
241	241	the notation "S", or a similar notation, or the residence address on
242	242	the voter's early voting ballot application is not the same as the
243	243	voter's residence address on the list of registered voters, the
244	244	clerk shall provide a form for a statement of residence to the
245	245	voter.]
246	246	(c) The clerk shall enter on a carrier envelope the voter's
247	247	name in printed form[, a notation that a statement of residence is
248	248	enclosed, if applicable,] and any other information the clerk
249	249	determines necessary for proper processing of the ballot.
250	250	(g) The carrier envelope must include a space that is hidden
251	251	from view when the envelope is sealed for the voter to enter the
252	252	following information:
253	253	(1) the number of the voter's driver's license[,
254	254	election identification certificate,] or personal identification
255	255	card issued by the Department of Public Safety;
256	256	(2) if the voter has not been issued a number described
257	257	by Subdivision (1), the last four digits of the voter's social
258	258	security number; or
259	259	(3) a statement by the applicant that the applicant
260	260	has not been issued a number described by Subdivision (1) or (2).
261	261	(h) A person may use the number of a driver's license[,
262	262	election identification certificate,] or personal identification
263	263	card that has expired for purposes of Subsection (g) if the license
264	264	or identification is otherwise valid.
265	265	SECTION 14. Sections 86.006(a-1) and (a-2), Election Code,
266	266	are amended to read as follows:
267	267	(a-1) The voter may deliver a marked ballot in person to the
268	268	early voting clerk's office only while the polls are open on
269	269	election day. A voter who delivers a marked ballot in person must
270	270	present an acceptable form of identification described by Section
271	271	63.001(b) [63.0101].
272	272	(a-2) An in-person delivery of a marked ballot voted under
273	273	this chapter must be received by an election official at the time of
274	274	delivery. The receiving official shall record the voter's name,
275	275	signature, and type of identification provided under Section
276	276	63.001(b) [63.0101] on a roster prescribed by the secretary of
277	277	state. The receiving official shall attest on the roster that the
278	278	delivery complies with this section.
279	279	SECTION 15. Section 87.0271(a), Election Code, is amended
280	280	to read as follows:
281	281	(a) This section applies to an early voting ballot voted by
282	282	mail:
283	283	(1) for which the voter did not sign the carrier
284	284	envelope certificate;
285	285	(2) for which it cannot immediately be determined
286	286	whether the signature on the carrier envelope certificate is that
287	287	of the voter;
288	288	(3) [missing any required statement of residence;
289	289	[(4)] missing information or containing incorrect
290	290	information required under Section 84.002(a)(1-a) or Section
291	291	86.002; or
292	292	(4) [(5)] containing incomplete information with
293	293	respect to a witness.
294	294	SECTION 16. Section 87.041(b), Election Code, is amended to
295	295	read as follows:
296	296	(b) A ballot may be accepted only if:
297	297	(1) the carrier envelope certificate is properly
298	298	executed;
299	299	(2) neither the voter's signature on the ballot
300	300	application nor the signature on the carrier envelope certificate
301	301	is determined to have been executed by a person other than the
302	302	voter, unless signed by a witness;
303	303	(3) the voter's ballot application states a legal
304	304	ground for early voting by mail;
305	305	(4) the voter is registered to vote, if registration
306	306	is required by law;
307	307	(5) the address to which the ballot was mailed to the
308	308	voter, as indicated by the application, was outside the voter's
309	309	county of residence, if the ground for early voting is absence from
310	310	the county of residence;
311	311	(6) [for a voter to whom a statement of residence form
312	312	was required to be sent under Section 86.002(a), the statement of
313	313	residence is returned in the carrier envelope and indicates that
314	314	the voter satisfies the residence requirements prescribed by
315	315	Section 63.0011;
316	316	[(7)] the address to which the ballot was mailed to the
317	317	voter is an address that is otherwise required by Sections 84.002
318	318	and 86.003; and
319	319	(7) [(8)] the information required under Section
320	320	86.002(g) provided by the voter identifies the same voter
321	321	identified on the voter's application for voter registration under
322	322	Section 13.002(c)(8).
323	323	SECTION 17. Section 87.0411(a), Election Code, is amended
324	324	to read as follows:
325	325	(a) This section applies to an early voting ballot voted by
326	326	mail:
327	327	(1) for which the voter did not sign the carrier
328	328	envelope certificate;
329	329	(2) for which it cannot immediately be determined
330	330	whether the signature on the carrier envelope certificate is that
331	331	of the voter;
332	332	(3) [missing any required statement of residence;
333	333	[(4)] missing information or containing incorrect
334	334	information required under Section 84.002(a)(1-a) or Section
335	335	86.002; or
336	336	(4) [(5)] containing incomplete information with
337	337	respect to a witness.
338	338	SECTION 18. Section 141.063(e), Election Code, is amended
339	339	to read as follows:
340	340	(e) The signer's residence address and registration address
341	341	are not required to be the same if the signer would otherwise be
342	342	able to vote for that office under Section [11.004 or] 112.002.
343	343	SECTION 19. Section 272.011(b), Election Code, is amended
344	344	to read as follows:
345	345	(b) The secretary of state shall prepare the translation for
346	346	election materials required to be provided in a language other than
347	347	English or Spanish for the following state prescribed voter forms:
348	348	(1) voter registration application form required by
349	349	Section 13.002;
350	350	(2) the confirmation form required by Section 15.051;
351	351	(3) the voting instruction poster required by Section
352	352	62.011;
353	353	(4) [the reasonable impediment declaration required
354	354	by Section 63.001(b);
355	355	[(5) the statement of residence form required by
356	356	Section 63.0011;
357	357	[(6)] the provisional ballot affidavit required by
358	358	Section 63.011;
359	359	(5) [(7)] the application for a ballot by mail
360	360	required by Section 84.011;
361	361	(6) [(8)] the carrier envelope and voting instructions
362	362	required by Section 86.013; and
363	363	(7) [(9)] any other voter forms that the secretary of
364	364	state identifies as frequently used and for which state resources
365	365	are otherwise available.
366	366	SECTION 20. Section 277.002(f), Election Code, is amended
367	367	to read as follows:
368	368	(f) The signer's residence address and the address listed on
369	369	the signer's registration are not required to be the same if the
370	370	signer is eligible to vote under Section [11.004 or] 112.002.
371	371	SECTION 21. Sections 521.009(a) and (a-1), Transportation
372	372	Code, are amended to read as follows:
373	373	(a) The department may establish a program for the provision
374	374	of renewal and duplicate driver's license[, election
375	375	identification certificate,] and personal identification
376	376	certificate services in counties and municipalities that enter into
377	377	an agreement with the department under Subsection (a-1).
378	378	(a-1) Under the program, the department may enter into an
379	379	agreement with the commissioners court of a county or the governing
380	380	body of a municipality to permit county or municipal employees to
381	381	provide services at a county or municipal office relating to the
382	382	issuance of renewal and duplicate driver's licenses[, election
383	383	identification certificates,] and personal identification
384	384	certificates, including:
385	385	(1) taking photographs;
386	386	(2) administering vision tests;
387	387	(3) updating a driver's license[, election
388	388	identification certificate,] or personal identification
389	389	certificate to change a name, address, or photograph;
390	390	(4) distributing and collecting information relating
391	391	to donations under Section 521.401;
392	392	(5) collecting fees; and
393	393	(6) performing other basic ministerial functions and
394	394	tasks necessary to issue renewal and duplicate driver's licenses[,
395	395	election identification certificates,] and personal identification
396	396	certificates.
397	397	SECTION 22. The following provisions are repealed:
398	398	(1) Sections 11.004, 15.112, 31.013, and 63.0101,
399	399	Election Code;
400	400	(2) Sections 15.001(c), 16.037(b), 63.001(c-1), (d),
401	401	(h), and (i), and 86.002(d), Election Code;
402	402	(3) Sections 191.0046(e) and (f), Health and Safety
403	403	Code; and
404	404	(4) Chapter 521A, Transportation Code.
405	405	SECTION 23. This Act takes effect September 1, 2025.