Texas 2025 - 89th Regular

Texas Senate Bill SB2057 Compare Versions

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

Old	New	Differences
1	1	89R2573 PRL-D
2	2	By: Parker S.B. No. 2057
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requiring a person to submit proof of citizenship to
10	10	register to vote; creating criminal offenses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 13.002, Election Code, is amended by
13	13	amending Subsection (a) and adding Subsection (a-1) to read as
14	14	follows:
15	15	(a) A person desiring to register to vote must submit an
16	16	application and proof of citizenship as required under Subsection
17	17	(a-1) to the registrar of the county in which the person resides.
18	18	Except as provided by Subsection (e), an application must be
19	19	submitted by personal delivery, by mail, or by telephonic facsimile
20	20	machine in accordance with Sections 13.143(d) and (d-2).
21	21	(a-1) A person desiring to register to vote shall submit to
22	22	the registrar a copy of one of the following documents:
23	23	(1) a United States passport or passport card issued
24	24	to the person;
25	25	(2) a certified copy of a birth certificate issued by a
26	26	United States state or territory, or the District of Columbia;
27	27	(3) United States citizenship papers issued to the
28	28	person;
29	29	(4) identification issued by the agency of the United
30	30	States responsible for citizenship and immigration; or
31	31	(5) for citizens born abroad, a certificate of report
32	32	of birth or consular report of birth abroad issued by the United
33	33	States Department of State.
34	34	SECTION 2. Section 13.072, Election Code, is amended by
35	35	amending Subsection (a) and adding Subsections (f) and (g) to read
36	36	as follows:
37	37	(a) Except as provided by Section 13.0721, and unless
38	38	[Unless] the registrar challenges the applicant, the registrar
39	39	shall approve the application if:
40	40	(1) the registrar determines that an application
41	41	complies with Section 13.002 and indicates that the applicant is
42	42	eligible for registration; and
43	43	(2) for an applicant who has not included a statement
44	44	described by Section 13.002(c)(8)(C), the registrar verifies with
45	45	the secretary of state:
46	46	(A) the applicant's Texas driver's license number
47	47	or number of a personal identification card issued by the
48	48	Department of Public Safety; or
49	49	(B) the last four digits of the applicant's
50	50	social security number.
51	51	(f) A person commits an offense if the person knowingly
52	52	fails to reject an application as required under Subsection (c).
53	53	(g) An offense under this section is a state jail felony.
54	54	SECTION 3. Subchapter C, Chapter 13, Election Code, is
55	55	amended by adding Section 13.0721 to read as follows:
56	56	Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR.
57	57	(a) Not later than the 10th day after the date an application for
58	58	registration on a form produced by the United States Election
59	59	Assistance Commission is submitted to the registrar without a proof
60	60	of citizenship document required under Section 13.002(a-1), the
61	61	registrar shall use all available resources to verify the
62	62	citizenship status of the applicant and at a minimum shall compare
63	63	the information available on the application with the following,
64	64	provided the county has access:
65	65	(1) the Department of Public Safety's electronic
66	66	databases;
67	67	(2) the Social Security Administration databases;
68	68	(3) the United States Citizenship and Immigration
69	69	Services Systematic Alien Verification for Entitlements Program,
70	70	if practicable;
71	71	(4) a national association for public health
72	72	statistics and information systems electronic verification of
73	73	vital events system; and
74	74	(5) any other federal, state, or other political
75	75	subdivision database and any other database relating to voter
76	76	registration to which the registrar has access.
77	77	(b) The registrar shall approve the application if the
78	78	registrar matches the applicant with information that verifies the
79	79	applicant is a United States citizen and is otherwise eligible for
80	80	registration under this chapter.
81	81	(c) If the registrar matches the applicant with information
82	82	that the applicant is not a United States citizen, the registrar
83	83	shall:
84	84	(1) reject the application;
85	85	(2) notify the applicant that the application was
86	86	rejected because the applicant is not a United States citizen; and
87	87	(3) forward the application to the county attorney and
88	88	attorney general for investigation.
89	89	(d) If the registrar is unable to match the applicant with
90	90	appropriate citizenship information, the registrar shall:
91	91	(1) approve the application only for voting a limited
92	92	federal ballot under Chapter 115; and
93	93	(2) notify the applicant that:
94	94	(A) the registrar could not verify that the
95	95	applicant is a United States citizen; and
96	96	(B) the applicant will be qualified to vote only
97	97	a limited federal ballot under Chapter 115 unless the applicant
98	98	provides a proof of citizenship document required under Section
99	99	13.002(a-1).
100	100	(e) The registrar shall record the efforts made to verify an
101	101	applicant's citizenship status as required by this section.
102	102	(f) A person commits an offense if the person knowingly or
103	103	intentionally:
104	104	(1) fails to attempt to verify the citizenship status
105	105	of an applicant as required under Subsection (a); and
106	106	(2) causes the applicant to be registered and it is
107	107	later determined that the applicant was not a United States citizen
108	108	at the time of registration.
109	109	(g) An offense under this section is a state jail felony.
110	110	(h) This section does not apply to an applicant registering
111	111	to vote under Section 101.055.
112	112	SECTION 4. Section 13.121(a), Election Code, is amended to
113	113	read as follows:
114	114	(a) The officially prescribed application form for
115	115	registration by mail must be in the form of [a] business reply mail
116	116	[postcard], unless another form or system is used under Subsection
117	117	(b), with postage paid by the state. The secretary of state shall
118	118	design the form to enhance the legibility of its contents.
119	119	SECTION 5. Section 13.122(a), Election Code, is amended to
120	120	read as follows:
121	121	(a) In addition to the other statements and spaces for
122	122	entering information that appear on an officially prescribed
123	123	registration application form, each official form must include:
124	124	(1) the statement: "I understand that giving false
125	125	information to procure a voter registration is perjury and a crime
126	126	under state and federal law.";
127	127	(2) a space for the applicant's registration number;
128	128	(3) a space for the applicant's Texas driver's license
129	129	number or number of a personal identification card issued by the
130	130	Department of Public Safety;
131	131	(4) a space for the applicant's telephone number;
132	132	(5) a space for the applicant's social security
133	133	number;
134	134	(6) a space for the applicant's sex;
135	135	(7) a statement indicating that the furnishing of the
136	136	applicant's telephone number and sex is optional;
137	137	(8) a space or box for indicating whether the
138	138	applicant or voter is submitting new registration information or a
139	139	change in current registration information;
140	140	(9) a statement instructing a voter who is using the
141	141	form to make a change in current registration information to enter
142	142	the voter's name and the changed information in the appropriate
143	143	spaces on the form;
144	144	(10) a statement that if the applicant declines to
145	145	register to vote, that fact will remain confidential and will be
146	146	used only for voter registration purposes;
147	147	(11) a statement that if the applicant does register
148	148	to vote, information regarding the agency or office to which the
149	149	application is submitted will remain confidential and will be used
150	150	only for voter registration purposes;
151	151	(12) a space or box for indicating whether the
152	152	applicant is interested in working as an election judge;
153	153	(13) a statement warning that a conviction for making
154	154	a false statement may result in imprisonment for up to the maximum
155	155	amount of time provided by law, a fine of up to the maximum amount
156	156	provided by law, or both the imprisonment and the fine;
157	157	(14) a statement that the applicant shall submit to
158	158	the registrar a copy of one of the following documents:
159	159	(A) a United States passport or passport card
160	160	issued to the person;
161	161	(B) a certified copy of a birth certificate
162	162	issued by a United States state or territory, or the District of
163	163	Columbia;
164	164	(C) United States citizenship papers issued to
165	165	the person;
166	166	(D) identification issued by the agency of the
167	167	United States responsible for citizenship and immigration; or
168	168	(E) for citizens born abroad, a certificate of
169	169	report of birth or consular report of birth abroad issued by the
170	170	United States Department of State; and
171	171	(15) [(14)] any other voter registration information
172	172	required by federal law or considered appropriate and required by
173	173	the secretary of state.
174	174	SECTION 6. Chapter 13, Election Code, is amended by adding
175	175	Subchapter G to read as follows:
176	176	SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY
177	177	GENERAL; INVESTIGATION; OFFENSE
178	178	Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The
179	179	secretary of state and each county registrar shall:
180	180	(1) make available to the attorney general a list of
181	181	all persons who are registered to vote and who have not provided
182	182	proof of citizenship as required by Section 13.002(a-1); and
183	183	(2) provide to the attorney general the voter
184	184	registration applications of persons described by Subdivision (1).
185	185	(b) After receiving a voter registration application under
186	186	Subsection (a), the attorney general shall use all available
187	187	resources to verify the citizenship status of the applicant and at a
188	188	minimum compare the information available on the voter registration
189	189	application with the databases described by Section 13.0721(a).
190	190	(c) The secretary of state shall provide the attorney
191	191	general access to the United States Citizenship and Immigration
192	192	Services Systematic Alien Verification for Entitlements Program
193	193	for the purposes of this section.
194	194	Sec. 13.152. REPORT. (a) Not later than March 31, 2026,
195	195	the attorney general shall prepare and submit to the secretary of
196	196	state, the lieutenant governor, and the speaker of the house of
197	197	representatives a report detailing all findings relating to the
198	198	citizenship status of persons who are registered to vote and who
199	199	have not provided a proof of citizenship document required under
200	200	Section 13.002(a-1).
201	201	(b) This section expires April 1, 2026.
202	202	Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an
203	203	offense if the person knowingly or intentionally:
204	204	(1) applies to register as a voter in this state; and
205	205	(2) is not a United States citizen.
206	206	(b) An offense under this section is a state jail felony.
207	207	Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. The attorney
208	208	general shall prosecute an offense under Section 13.153.
209	209	SECTION 7. Section 111.001, Election Code, is amended to
210	210	read as follows:
211	211	Sec. 111.001. RESTRICTED BALLOT. In this subtitle,
212	212	"restricted ballot" means a ballot that is restricted to the
213	213	offices and propositions stating measures on which a person is
214	214	entitled to vote under Chapter 112, 113, [or] 114, or 115.
215	215	SECTION 8. Subtitle C, Title 7, Election Code, is amended by
216	216	adding Chapter 115 to read as follows:
217	217	CHAPTER 115. VOTING LIMITED FEDERAL BALLOT
218	218	Sec. 115.001. LIMITED FEDERAL BALLOT. In this chapter,
219	219	"limited federal ballot" means a ballot voted under this chapter
220	220	that is restricted to the offices of United States senator or United
221	221	States representative only.
222	222	Sec. 115.002. ELIGIBILITY. A person is eligible to vote a
223	223	limited federal ballot by personal appearance during the early
224	224	voting period or on election day if:
225	225	(1) the person has registered to vote under Chapter
226	226	13; and
227	227	(2) the county registrar is unable to match the person
228	228	with appropriate citizenship information under Section 13.0721.
229	229	SECTION 9. (a) Not later than January 1, 2026, the
230	230	secretary of state shall request that the federal Election
231	231	Assistance Commission alter the mail voter registration
232	232	application form requirements described in the National Voter
233	233	Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to
234	234	include a requirement that applicants submit documented proof of
235	235	citizenship as a condition to registration in Texas.
236	236	(b) If the federal Election Assistance Commission fails to
237	237	comply with the secretary of state's request under Subsection (a)
238	238	of this section before the 180th day following the date of that
239	239	request, the attorney general shall seek enforcement in a court of
240	240	law.
241	241	SECTION 10. This Act takes effect September 1, 2025.