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A BILL TO BE ENTITLED
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AN ACT
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Relating to federal election practices and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.007, Election Code, is amended to |
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read as follows: |
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Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL |
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LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law, |
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order, regulation, or other official action any provision of |
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federal law regarding the registration of voters or conduct of |
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elections, including but not limited to the National Voter |
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Registration Act of 1993 or its successors is not required to be |
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implemented or enforced in whole or in part, an affected state law |
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or rule is suspended to the extent that the law or rule was enacted |
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or adopted to implement that law [Act], and it is the intent of the |
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legislature that the applicable law in effect immediately before |
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the enactment or adoption be reinstated and continued in effect |
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pending enactment of corrective state legislation. |
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(b) On a finding by the secretary of state that a suspension |
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of a law or rule has occurred under Subsection (a), the secretary |
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may modify applicable procedures as necessary to give effect to the |
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suspension and to reinstatement of the procedures of the former |
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law. |
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(c) The secretary of state may adopt rules to implement this |
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section as necessary. |
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SECTION 2. Chapter 31, Election Code, is amended by adding |
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Section 31.0075 to read as follows: |
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Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW. |
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(a) Pending enactment of conforming state legislation, the |
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secretary of state shall by rule, after consulting with the chair |
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and vice chair of the standing committees of the senate and house of |
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representatives having jurisdiction over elections, adopt |
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procedures to conform with federal laws enacted regarding federal |
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elections in a manner which will not substantively modify the |
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procedures for voter registration for or conduct of elections other |
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than federal elections provided in this Code, except as provided by |
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this section. |
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(b) In compliance with Subsection (a), to the extent federal |
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law modifies the requirements or procedures in this Code for voter |
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registration in federal elections, the secretary of state shall by |
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rule, establish and maintain a federal election voter registration |
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system in compliance with federal law. Any person registered under |
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this system shall not be eligible to vote in any election other than |
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federal elections unless that person is qualified and registered to |
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vote under Title 2 of this Code. Any person seeking to register to |
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vote under the federal election voter registration system provided |
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for under this subsection shall be notified upon registering to |
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vote under this system that registration to vote in federal |
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elections does not qualify a person to vote in any other election |
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conducted in this state unless that person registers to vote as |
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provided by Title 2 of this Code. All persons registered to vote as |
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provided by Title 2 of this Code shall be automatically registered |
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to vote under the federal election voter registration system |
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provided for under this subsection. Any voter registration |
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certificate issued or lists of registered voters produced under the |
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federal election voter registration system provided for under this |
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subsection shall be clearly marked "Valid for federal elections |
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only." |
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(c) In compliance with subsection (a), to the extent federal |
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law modifies the conduct of elections for federal office in a manner |
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which substantively conflicts with any provision in this Code, |
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notwithstanding any other provision in this Code, the secretary of |
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state shall by rule modify election procedures such that federal |
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and state elections can be held separately but concurrently. The |
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secretary in so doing shall minimize disruption and voter confusion |
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to the fullest extent feasible by sharing polling locations, voting |
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stations, and other similar measures. |
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SECTION 3. The changes in law made by this Act apply only to |
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an application to register to vote submitted on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session at which it is enacted. |