Texas 2025 - 89th Regular

Texas House Bill HB5101 Compare Versions

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

Old	New	Differences
1	1	89R18063 MLH-D
2	2	By: Lowe H.B. No. 5101
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the cancellation of all voter registrations following
10	10	each presidential election; making conforming changes to voter
11	11	registration and maintenance procedures; imposing a civil penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13.142(c), Election Code, is amended to
14	14	read as follows:
15	15	(c) An initial certificate takes effect on the effective
16	16	date of the registration and expires on the November 30 immediately
17	17	following the next presidential election [January 1 of an
18	18	even-numbered year].
19	19	SECTION 2. Section 15.002(a), Election Code, is amended to
20	20	read as follows:
21	21	(a) A voter registration certificate may contain an
22	22	explanation of the voter's rights or duties under this code,
23	23	including:
24	24	(1) [the procedure by which the voter will receive a
25	25	renewal certificate;
26	26	[(2)] the necessity of notifying the registrar if the
27	27	voter changes residence;
28	28	(2) [(3)] the necessity of applying for a new
29	29	registration if the voter changes residence to another county;
30	30	(3) [(4)] the period during which the voter may vote a
31	31	limited ballot after changing residence to another county;
32	32	(4) [(5)] the procedure for voting without a
33	33	certificate; and
34	34	(5) [(6)] the procedure for obtaining a replacement
35	35	for a lost or destroyed certificate.
36	36	SECTION 3. Section 15.005(a), Election Code, is amended to
37	37	read as follows:
38	38	(a) The voter registrar of each county shall provide notice
39	39	of the identification requirements for voting prescribed by Chapter
40	40	63 and a detailed description of those requirements with each voter
41	41	registration certificate issued under Section 13.142 [or renewal
42	42	registration certificate issued under Section 14.001].
43	43	SECTION 4. Section 15.052(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) The officially prescribed form for a confirmation
46	46	notice must include:
47	47	(1) a statement that, if the voter fails to submit to
48	48	the registrar a written, signed response confirming the voter's
49	49	current residence on or before the 30th day after the date the
50	50	confirmation notice is mailed,[:
51	51	[(A)] the voter is subject to submission of a
52	52	statement of residence before the voter may be accepted for voting
53	53	in an election held after that deadline; [or
54	54	[(B) for a notice delivered under Section 14.023,
55	55	the voter will remain subject to submission of a statement of
56	56	residence before the voter may be accepted for voting in an
57	57	election;]
58	58	(2) a warning that the voter's registration is subject
59	59	to cancellation if the voter fails to confirm the voter's current
60	60	residence either by notifying the registrar in writing or voting on
61	61	a statement of residence before November 30 following the first
62	62	[second] general election for state and county officers that occurs
63	63	after the date the confirmation notice is mailed; and
64	64	(3) a statement that the voter must include all of the
65	65	required information on the official confirmation notice response
66	66	form.
67	67	SECTION 5. Section 15.081(a), Election Code, is amended to
68	68	read as follows:
69	69	(a) The registrar shall maintain a suspense list containing
70	70	the name of each voter who:
71	71	(1) [who] fails to submit a response to the registrar
72	72	in accordance with Section 15.053;
73	73	[(2) whose renewal certificate is returned to the
74	74	registrar in accordance with Subchapter B, Chapter 14;] or
75	75	(2) [(3) who] appears on the list of nonresidents of
76	76	the county provided to the registrar under Section 62.114,
77	77	Government Code.
78	78	SECTION 6. Section 16.032, Election Code, is amended to
79	79	read as follows:
80	80	Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
81	81	PERIOD. If on November 30 following the first [second] general
82	82	election for state and county officers that occurs after the date
83	83	the voter's name is entered on the suspense list a registered
84	84	voter's name appears on the suspense list, the registrar shall
85	85	cancel the voter's registration unless the name is to be deleted
86	86	from the list under Section 15.022 or 15.023.
87	87	SECTION 7. Section 16.039, Election Code, is amended to
88	88	read as follows:
89	89	Sec. 16.039. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY;
90	90	CIVIL PENALTY. (a) If a registrar fails to timely perform a duty
91	91	imposed on the registrar under this subchapter requiring the
92	92	approval, change, or cancellation of a voter's registration:
93	93	(1) the registrar is liable to this state for a civil
94	94	penalty in an amount not to exceed $5,000 for each failure; and
95	95	(2) [,] the secretary of state shall [may] withhold
96	96	funds administered and distributed by the secretary under Chapter
97	97	19 or Section 31.009 from the registrar.
98	98	(b) Notwithstanding Subsection (a)(2) [(a)], the secretary
99	99	of state shall distribute funds under Chapter 19 or Section 31.009
100	100	if the registrar performs the registrar's duty not later than 30
101	101	days after the funds are withheld.
102	102	(c) The attorney general may bring an action to collect a
103	103	penalty under this section.
104	104	SECTION 8. Subchapter B, Chapter 16, Election Code, is
105	105	amended by adding Section 16.040 to read as follows:
106	106	Sec. 16.040. CANCELLATION FOLLOWING PRESIDENTIAL ELECTION.
107	107	(a) Notwithstanding any other provision of this code, on November
108	108	30 immediately following a presidential election, the registrar
109	109	shall cancel all voter registrations.
110	110	(b) A cancellation under this section may not be challenged
111	111	or reinstated under this chapter.
112	112	(c) Following cancellation under this section, a person
113	113	desiring to register to vote must submit an application for
114	114	registration under Chapter 13.
115	115	SECTION 9. Section 16.061, Election Code, is amended to
116	116	read as follows:
117	117	Sec. 16.061. RIGHT TO CHALLENGE CANCELLATION. A person
118	118	whose voter registration is canceled may challenge the cancellation
119	119	at a hearing before the registrar. This section does not apply to a
120	120	person whose voter registration is canceled under Section 16.040.
121	121	SECTION 10. Chapter 14, Election Code, is repealed.
122	122	SECTION 11. Section 13.142(c), Election Code, as amended by
123	123	this Act, applies only to a voter registration certificate for
124	124	which an application is received by the voter registrar on or after
125	125	September 1, 2025.
126	126	SECTION 12. This Act takes effect September 1, 2025.