By: Kolkhorst, Hughes S.B. No. 760
A BILL TO BE ENTITLED
AN ACT
relating to an application for a ballot to be voted by mail
submitted by certain residents of an assisted living facility, a
nursing facility, or an intermediate care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.014, Election Code, is amended to
read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. (a) In this section, "long-term care facility"
means a facility licensed under Chapter 242, 247, or 252, Health and
Safety Code.
(b) If an applicant provides a date of birth, driver's
license number, or social security number on the applicant's
application for an early voting ballot to be voted by mail that is
different from or in addition to the information maintained by the
voter registrar in accordance with Title 2, the early voting clerk
shall notify the voter registrar. The voter registrar shall update
the voter's record with the information provided by the applicant.
(c) An early voting clerk who receives an application for a
ballot to be voted by mail that includes the address of a long-term
care facility shall notify the Health and Human Services Commission
of the application. The secretary of state in coordination with the
Health and Human Services Commission may adopt rules and prescribe
procedures for the notification required by this subsection.
SECTION 2. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.021 to read as follows:
Sec. 242.021. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO
CERTAIN RESIDENTS. (a) Following notification by an early voting
clerk under Section 84.014, Election Code, the commission shall
notify a nursing facility in writing of a request for a ballot by
mail submitted for a facility resident.
(b) Upon receipt of the notification under Subsection (a), a
nursing facility shall determine if the resident that requested the
ballot by mail has a legal guardian or has appointed an agent by a
statutory durable power of attorney or medical power of attorney.
If a legal guardian or agent has been appointed, the facility shall,
not later than the fifth business day after receiving the
notification, notify the guardian or agent of the resident that a
ballot by mail was requested on behalf of the resident.
(c) The commission shall conduct an audit to determine
compliance with this section. The audit must:
(1) include at least 2.5 percent of all licensed
facilities as of the date of each primary and general election for
state and county officers; and
(2) be conducted not later than the 45th day after the
date of each primary or general election for state and county
officers.
(d) Nothing in this section may be construed to require a
nursing facility to contact a person described by Subsection (b)
who is not listed as a point of contact for a resident in the
facility's records.
(e) The commission may adopt rules as necessary to
administer this section.
SECTION 3. Section 242.061(a-1), Health and Safety Code, is
amended to read as follows:
(a-1) The department, after providing notice and
opportunity for a hearing to the applicant or license holder, may
deny, suspend, or revoke a license if the department finds that the
applicant, the license holder, or any other person described by
Section 242.032(d) has:
(1) violated this chapter or a rule, standard, or
order adopted or license issued under this chapter in either a
repeated or substantial manner;
(2) committed any act described by Sections
242.066(a)(2)-(6); or
(3) failed to comply with Sections 242.021 and
[Section] 242.074.
SECTION 4. Section 247.041(a), Health and Safety Code, is
amended to read as follows:
(a) The department, after providing notice and opportunity
for a hearing to the applicant or license holder, may deny, suspend,
or revoke a license if the department finds that the applicant,
license holder, or a controlling person has:
(1) violated this chapter or a rule, standard, or
order adopted or license issued under this chapter in either a
repeated or substantial manner; [or]
(2) committed any act described by Sections
247.0451(a)(2)-(6); or
(3) failed to comply with Section 247.073.
SECTION 5. Subchapter D, Chapter 247, Health and Safety
Code, is amended by adding Section 247.073 to read as follows:
Sec. 247.073. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO
CERTAIN RESIDENTS. (a) Following notification by an early voting
clerk under Section 84.014, Election Code, the commission shall
notify an assisted living facility in writing of a request for a
ballot by mail submitted for a facility resident.
(b) Upon receipt of the notification under Subsection (a),
an assisted living facility shall determine if the resident that
requested the ballot by mail has a legal guardian or has appointed
an agent by a statutory durable power of attorney or medical power
of attorney. If a legal guardian or agent has been appointed, the
facility shall, not later than the fifth business day after
receiving the notification, notify the guardian or agent of the
resident that a ballot by mail was requested on behalf of the
resident.
(c) The commission shall conduct an audit to determine
compliance with this section. The audit must:
(1) include at least 2.5 percent of all licensed
facilities as of the date of each primary and general election for
state and county officers; and
(2) be conducted not later than the 45th day after the
date of each primary or general election for state and county
officers.
(d) Nothing in this section may be construed to require an
assisted living facility to contact a person described by
Subsection (b) who is not listed as a point of contact for a
resident in the facility's records.
(e) The commission may adopt rules as necessary to
administer this section.
SECTION 6. Subchapter A, Chapter 252, Health and Safety
Code, is amended by adding Section 252.012 to read as follows:
Sec. 252.012. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO
CERTAIN RESIDENTS. (a) Following notification by an early voting
clerk under Section 84.014, Election Code, the commission shall
notify an intermediate care facility in writing of a request for a
ballot by mail submitted for a facility resident.
(b) Upon receipt of the notification under Subsection (a), a
facility shall determine if the resident that requested the ballot
by mail has a legal guardian or has appointed an agent by a
statutory durable power of attorney or medical power of attorney.
If a legal guardian or agent has been appointed, the facility shall,
not later than the fifth business day after receiving the
notification, notify the guardian or agent of the resident that a
ballot by mail was requested on behalf of the resident.
(c) The commission shall conduct an audit to determine
compliance with this section. The audit must:
(1) include at least 2.5 percent of all licensed
facilities as of the date of each primary and general election for
state and county officers; and
(2) be conducted not later than the 45th day after the
date of each primary or general election for state and county
officers.
(d) Nothing in this section may be construed to require an
intermediate care facility to contact a person described by
Subsection (b) who is not listed as a point of contact for a
resident in the facility's records.
(e) The commission may adopt rules as necessary to
administer this section.
SECTION 7. Section 252.035(a), Health and Safety Code, is
amended to read as follows:
(a) The department, after providing notice and opportunity
for a hearing to the applicant or license holder, may deny, suspend,
or revoke a license if the department finds that the applicant or
license holder has:
(1) substantially failed to comply with the
requirements established under this chapter; or
(2) failed to comply with Section 252.012.
SECTION 8. The changes in law made by this Act apply to an
application for a ballot to be voted by mail submitted on or after
the effective date of this Act. An application for a ballot to be
voted by mail submitted before the effective date of this Act is
governed by the law in effect on the date the application was
submitted.
SECTION 9. This Act takes effect September 1, 2025.