Texas 2025 - 89th Regular

Texas House Bill HB649 Compare Versions

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

Old	New	Differences
1	1	89R1516 TSS-D
2	2	By: Bucy H.B. No. 649
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the electronic transmission of a ballot to a voter
10	10	voting early by mail on the ground of absence from the county of
11	11	residence.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 84.002(a), Election Code, is amended to
14	14	read as follows:
15	15	(a) An early voting ballot application must include:
16	16	(1) the applicant's name and the address at which the
17	17	applicant is registered to vote;
18	18	(1-a) the following information:
19	19	(A) the number of the applicant's driver's
20	20	license, election identification certificate, or personal
21	21	identification card issued by the Department of Public Safety;
22	22	(B) if the applicant has not been issued a number
23	23	described by Paragraph (A), the last four digits of the applicant's
24	24	social security number; or
25	25	(C) a statement by the applicant that the
26	26	applicant has not been issued a number described by Paragraph (A) or
27	27	(B);
28	28	(2) for an application for a ballot to be voted by mail
29	29	on the ground of absence from the county of residence, the address
30	30	outside the applicant's county of residence to which the ballot is
31	31	to be mailed or an e-mail address for the applicant to which the
32	32	ballot is sent by electronic transmission;
33	33	(3) for an application for a ballot to be voted by mail
34	34	on the ground of age or disability, the address of the hospital,
35	35	nursing home or other long-term care facility, or retirement
36	36	center, or of a person related to the applicant within the second
37	37	degree by affinity or the third degree by consanguinity, as
38	38	determined under Chapter 573, Government Code, if the applicant is
39	39	living at that address and that address is different from the
40	40	address at which the applicant is registered to vote;
41	41	(4) for an application for a ballot to be voted by mail
42	42	on the ground of confinement in jail, the address of the jail or of a
43	43	person related to the applicant within the degree described by
44	44	Subdivision (3);
45	45	(5) for an application for a ballot to be voted by mail
46	46	on any ground, an indication of each election for which the
47	47	applicant is applying for a ballot;
48	48	(6) an indication of the ground of eligibility for
49	49	early voting; and
50	50	(7) for an application for a ballot to be voted by mail
51	51	on the ground of involuntary civil commitment, the address of the
52	52	facility operated by or under contract with the Texas Civil
53	53	Commitment Office or of a person related to the applicant within the
54	54	degree of consanguinity described by Subdivision (3).
55	55	SECTION 2. Section 84.011(a), Election Code, is amended to
56	56	read as follows:
57	57	(a) The officially prescribed application form for an early
58	58	voting ballot must include:
59	59	(1) immediately preceding the signature space the
60	60	statement: "I certify that the information given in this
61	61	application is true, and I understand that giving false information
62	62	in this application is a crime.";
63	63	(2) a statement informing the applicant of the
64	64	offenses prescribed by Sections 84.003 and 84.004;
65	65	(3) spaces for entering an applicant's voter
66	66	registration number and county election precinct of registration,
67	67	with a statement informing the applicant that failure to furnish
68	68	that information does not invalidate the application;
69	69	(3-a) a space for entering the information required
70	70	under Section 84.002(a)(1-a); and
71	71	(4) on an application for a ballot to be voted by mail:
72	72	(A) a space for an applicant applying on the
73	73	ground of absence from the county of residence to indicate:
74	74	(i) the date on or after which the applicant
75	75	can receive mail at the address outside the county; or
76	76	(ii) that the applicant wishes to receive
77	77	the balloting materials by electronic transmission and provide an
78	78	e-mail address;
79	79	(B) a space for indicating the fact that an
80	80	applicant whose application is signed by a witness cannot make the
81	81	applicant's mark and a space for indicating the relationship or
82	82	lack of relationship of the witness to the applicant;
83	83	(C) a space for entering an applicant's telephone
84	84	number, with:
85	85	(i) a statement informing the applicant
86	86	that failure to furnish that information does not invalidate the
87	87	application; and
88	88	(ii) a statement prescribed by the
89	89	secretary of state explaining the benefits of furnishing that
90	90	information, including how that information assists the early
91	91	voting clerk;
92	92	(D) a space or box for an applicant applying on
93	93	the ground of age or disability to indicate that the address to
94	94	which the ballot is to be mailed is the address of a facility or
95	95	relative described by Section 84.002(a)(3), if applicable;
96	96	(E) a space or box for an applicant applying on
97	97	the ground of confinement in jail or involuntary civil commitment
98	98	to indicate that the address to which the ballot is to be mailed is
99	99	the address of a relative described by Section 84.002(a)(4) or (7),
100	100	if applicable;
101	101	(F) a space for an applicant applying on the
102	102	ground of age or disability to indicate if the application is an
103	103	application under Section 86.0015;
104	104	(G) spaces for entering the signature, printed
105	105	name, and residence address of any person assisting the applicant;
106	106	(H) a statement informing the applicant of the
107	107	condition prescribed by Section 81.005; and
108	108	(I) a statement informing the applicant of the
109	109	requirement prescribed by Section 86.003(c).
110	110	SECTION 3. Section 86.003(a), Election Code, is amended to
111	111	read as follows:
112	112	(a) Except as provided by Section 86.0031, the [The]
113	113	balloting materials for voting by mail shall be provided to the
114	114	voter by mail. A ballot provided by any other method may not be
115	115	counted.
116	116	SECTION 4. Chapter 86, Election Code, is amended by adding
117	117	Section 86.0031 to read as follows:
118	118	Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
119	119	BALLOT. (a) A voter voting by mail on the ground of absence from
120	120	the voter's county of residence may elect to receive the balloting
121	121	materials by electronic transmission on the voter's application for
122	122	an early voting ballot to be voted by mail.
123	123	(b) Balloting materials to be sent by electronic
124	124	transmission under this section include:
125	125	(1) the appropriate ballot;
126	126	(2) ballot instructions, including instructions that
127	127	inform a voter that the ballot must be returned by mail to be
128	128	counted;
129	129	(3) instructions prescribed by the secretary of state
130	130	on how to create a ballot envelope and carrier envelope or signature
131	131	sheet for the ballot; and
132	132	(4) a list of certified write-in candidates, if
133	133	applicable.
134	134	(c) The balloting materials may be provided by e-mail to the
135	135	voter:
136	136	(1) in a portable document format or similar file type
137	137	or through a scanned format; or
138	138	(2) by any other method of electronic transmission
139	139	authorized by the secretary of state in writing.
140	140	(d) An e-mail address used under this section to request
141	141	balloting materials is confidential and does not constitute public
142	142	information for purposes of Chapter 552, Government Code. An early
143	143	voting clerk shall ensure that a voter's e-mail address provided
144	144	under this section is excluded from public disclosure.
145	145	(e) The secretary of state shall prescribe procedures to
146	146	implement this section.
147	147	SECTION 5. Section 86.006, Election Code, is amended by
148	148	amending Subsection (a) and adding Subsection (a-3) to read as
149	149	follows:
150	150	(a) Except as provided by Subsection (a-3), a [A] marked
151	151	ballot voted under this chapter must be returned to the early voting
152	152	clerk in the official carrier envelope. The carrier envelope may
153	153	be delivered in another envelope and must be transported and
154	154	delivered only by:
155	155	(1) mail;
156	156	(2) common or contract carrier; or
157	157	(3) subject to Subsections (a-1) and (a-2), in-person
158	158	delivery by the voter who voted the ballot.
159	159	(a-3) A marked ballot received through electronic
160	160	transmission as provided by Section 86.0031 shall be returned to
161	161	the early voting clerk by mail or common or contract carrier through
162	162	the procedures prescribed by the secretary of state.
163	163	SECTION 6. This Act takes effect September 1, 2025.