By: Hughes S.R. No. 547
 
 
SENATE RESOLUTION
         BE IT RESOLVED by the Senate of the State of Texas, 87th
  Legislature, Regular Session 2021, That Senate Rule 12.03 be
  suspended in part as provided by Senate Rule 12.08 to enable the
  conference committee appointed to resolve the differences on
  Senate Bill 7 (election integrity and security, including by
  preventing fraud in the conduct of elections in this state;
  increasing criminal penalties; creating criminal offenses;
  providing civil penalties) to consider and take action on the
  following matter:
         (1)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 2.04 of the
  bill, by adding amended Section 31.006, Election Code, to read as
  follows:
         Sec. 31.006.  REFERRAL [OF COMPLAINT] TO ATTORNEY
  GENERAL. (a) If, after receiving or discovering information
  indicating that [a complaint alleging] criminal conduct in
  connection with an election has occurred, the secretary of state
  determines that there is reasonable cause to suspect that [the
  alleged] criminal conduct occurred, the secretary shall promptly
  refer the information [complaint] to the attorney general.  The
  secretary shall deliver to the attorney general all pertinent
  documents and information in the secretary's possession.
         (b)  The documents and information submitted under
  Subsection (a) are not considered public information until:
               (1)  the secretary of state makes a determination
  that the information [complaint] received does not warrant an
  investigation; or
               (2)  if referred to the attorney general, the
  attorney general has completed the investigation or has made a
  determination that the information [complaint] referred does not
  warrant an investigation.
         Explanation: The change is necessary to require the
  secretary of state to take certain actions upon the receipt or
  discovery of information indicating that criminal conduct in
  connection with an election has occurred.
         (2)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 2.05 of the
  bill, by adding Section 31.019, Election Code, to read as
  follows:
         Sec. 31.019.  ENFORCEMENT OF VOTER ROLL MAINTENANCE
  PROVISIONS. (a)  In order to ensure compliance with voter roll
  maintenance provisions, the secretary of state shall monitor
  each county's list of registered voters to ensure that no county
  has a number of registered voters in the county equal to or
  greater than the number of people eligible to register to vote in
  the county. 
         (b)  If the secretary of state determines that a county
  has a number of registered voters equal to or greater than the
  number of people eligible to register to vote in the county, the
  secretary of state shall notify the appropriate registrar in
  writing. 
         (c)  Not later than 30 days after receiving notice under
  Subsection (b), a registrar must:
               (1)  refute, in writing, that the number of
  registered voters is equal to or greater than the number of
  people eligible to register to vote in the county and the failure
  to comply alleged by the notice; or 
               (2)  develop a remediation plan to address failures
  to comply with voter roll maintenance provisions and send a copy
  of the plan to the secretary of state. 
         (d)  If a voter registrar fails to respond to a notice
  under Subsection (c), refutes an allegation under Subsection
  (c)(1), or fails to comply with a provision of the remediation
  plan developed by the registrar under Subsection (c)(2), the
  secretary of state shall:
               (1)  require the registrar to attend a training
  course developed under Subsection (h);
               (2)  publish notice that the county is undergoing an
  audit under this subsection on the secretary of state's Internet
  website;
               (3)  audit the voter registration list for the county
  in which the registrar serves; and
               (4)  identify voter roll maintenance provisions with
  which the registrar is failing to comply and provide a list to the
  registrar. 
         (e)  If the secretary of state determines that a voter
  registrar has not performed any overt actions in pursuance of
  compliance with the provisions identified under Subsection
  (d)(4) within 14 days of receiving the list under Subsection
  (d)(4), the secretary of state shall:
               (1)  withhold distribution of state funds for
  financing voter registration to the county until the registrar
  takes action in pursuance of compliance; and
               (2)  inform the attorney general that the county
  which the registrar serves may be subject to a civil penalty
  under Subsection (f).
         (f)  A county is liable to this state for a civil penalty
  of $1,000 for each day after the 14th day following the receipt of
  a list under Subsection (d)(4) that the county's voter registrar
  fails to take overt action to comply with provisions identified
  under that subsection.  The attorney general may bring an action
  to recover a civil penalty imposed under this section.
         (g)  A civil penalty collected by the attorney general
  under this section shall be deposited in the state treasury to
  the credit of the general revenue fund.
         (h)  The secretary of state shall develop and implement a
  three-hour training course for county clerks and registrars on
  the maintenance of voter rolls required and permitted by law.
         (i)  The secretary of state shall adopt rules and
  prescribe procedures for the implementation of this section.
         Explanation: The change is necessary to require the
  secretary of state to take certain actions in order to ensure
  compliance with voter roll maintenance provisions.
         (3)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 3.05 of the
  bill, by adding to amended Section 64.007(c), Election Code,
  the following:
         The secretary of state shall create and promulgate a form
  to be used for this purpose. 
         Explanation: The change is necessary to require the
  secretary of state to create and promulgate a form to be used by
  an election officer in maintaining a register of spoiled ballots
  at the polling place.
         (4)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 3.07 of the
  bill, by adding Section 66.004, Election Code, to read as
  follows:
         SECTION 3.07.  Subchapter A, Chapter 66, Election Code,
  is amended by adding Section 66.004 to read as follows:
         Sec. 66.004.  CLOSING POLLING PLACE. The secretary of
  state shall adopt rules and create a checklist or similar
  guidelines to assist the presiding judge of a polling place in
  processing forms and conducting procedures required by this code
  at the closing of the polling place. 
         Explanation: The change is necessary to require the
  secretary of state to adopt rules and create a checklist or
  similar guidelines to assist in the closing of a polling place.
         (5)  Senate Rule 12.03(1) is suspended to permit the
  committee to amend text not in disagreement in proposed SECTION
  3.10 of the bill, in amended Section 85.006(e), Election Code, to
  read as follows:
         (e)  In a primary election or the general election for
  state and county officers in a county with a population of 30,000
  [100,000] or more, the early voting clerk shall order voting by
  personal appearance [voting] at the main early voting polling
  place to be conducted on the last Saturday of the early voting
  period for at least 12 hours, except that voting may not be
  conducted earlier than 6 a.m. or later than 9 p.m., [on the last
  Saturday] and on the last Sunday of the early voting period for at
  least six [five] hours, except that voting may not be conducted
  earlier than 1 p.m. or later than 9 p.m [on the last Sunday of the
  early voting period].  The early voting clerk shall order voting
  to be conducted at those times in those elections in a county with
  a population under 30,000 [100,000] on receipt of a written
  request for those hours submitted by at least 15 registered
  voters of the county.  The request must be submitted in time to
  enable compliance with Section 85.007.  This subsection
  supersedes any provision of this subchapter to the extent of any
  conflict.
         Explanation: The change is necessary to regulate the hours
  for voting on a Saturday or Sunday in counties with population of
  30,000 or more and certain counties with a population under
  30,000.
         (6)  Senate Rule 12.03(1) is suspended to permit the
  committee to amend text not in disagreement in proposed
  SECTION 4.06 of the bill, in added Section 33.063, Election Code,
  to read as follows:
         SECTION 4.06.  Subchapter C, Chapter 33, Election Code,
  is amended by adding Section 33.063 to read as follows:
         Sec. 33.063.  RELIEF. (a)  A watcher, or the appointing
  authority for a watcher, who believes that the watcher was
  unlawfully prevented or obstructed from the performance of the
  watcher's duties may seek:
               (1)  injunctive relief under Section 273.081,
  including issuance of temporary orders;
               (2)  a writ of mandamus under Section 161.009 or
  273.061; and
               (3)  any other remedy available under law.
         (b)  The relief provided by this section is available to a
  state inspector appointed under Chapter 34 or any other election
  inspector authorized by law.
         Explanation: The change is necessary to provide relief for
  a watcher, the appointing authority for a watcher, or any
  election inspector authorized by law, who believes that they were
  unlawfully prevented or obstructed from the performance of their
  duties.
         (7)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 4.16 of the
  bill, by adding Section 127.131(f), Election Code, to read as
  follows:
         SECTION 4.16.  Section 127.131, Election Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The presiding judge of the central counting station
  shall provide and attest to a written reconciliation of votes and
  voters at the close of tabulation for election day and again
  after the central counting station meets for the last time to
  process late-arriving ballots by mail and provisional ballots.  
  The secretary of state shall create and promulgate rules and a
  form to facilitate compliance with this subsection.  The form
  shall be posted on a website maintained by the county along with
  election returns and results.
         Explanation:  The change is necessary to regulate the
  duties of the presiding judge of the central counting station and
  the secretary of state regarding the preparing of election
  returns.
         (8)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.01 of the
  bill, by adding amended Section 82.002, Election Code, to read as
  follows:
  ARTICLE 5. VOTING BY MAIL
         SECTION 5.01.  Section 82.002, Election Code, is amended
  to read as follows:
         Sec. 82.002.  DISABILITY. (a)  A qualified voter is
  eligible for early voting by mail if the voter is not capable of
  [has a sickness or physical condition that prevents the voter
  from] appearing at the polling place on election day without [a
  likelihood of] needing personal assistance or [of] injuring the
  voter's health due to the voter's:
               (1)  illness;
               (2)  injury;
               (3)  medical confinement ordered by a health care
  professional; or
               (4)  mental or physical disability.
         (b)  The following do not constitute [Expected or likely
  confinement for childbirth on election day is] sufficient cause
  to entitle a voter to vote under Subsection (a):
               (1)  a lack of transportation;
               (2)  an illness, injury, or disability that does not
  prevent the voter from appearing at the polling place on election
  day without a likelihood of needing personal assistance or of
  injuring the voter's health; or
               (3)  a requirement to appear at the voter's place of
  employment on election day.
         (c)  An application for a ballot to be voted by mail on the
  ground of disability must require the applicant to specifically
  select the grounds on which the voter is eligible under
  Subsection (a).
         Explanation: The change is necessary to regulate qualified
  voters eligible for early voting by mail on the grounds of
  disability.
         (9)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.02 of the
  bill, by adding amended Section 84.001(b), Election Code, to read
  as follows:
         (b)  An application must be submitted in writing and
  signed by the applicant using ink on paper.  An electronic
  signature or photocopied signature is not permitted.
         Explanation: The change is necessary to regulate the
  manner in which an application for an early voting ballot to be
  voted by mail may be submitted and signed.
         (10)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.03 of the
  bill, by adding amended Section 84.002(a), Election Code, and
  Section 84.002(c) to read as follows:
         SECTION 5.03.  Section 84.002, Election Code, is amended
  by amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  An early voting ballot application must include:
               (1)  the applicant's name and the address at which
  the applicant is registered to vote;
               (1-a)  the following information:
                     (A)  the number of the applicant's driver's
  license or personal identification card issued by the Department
  of Public Safety;
                     (B)  if the applicant has not been issued a
  number described by Paragraph (A), the last four digits of the
  applicant's social security number; or
                     (C)  a statement by the applicant that the
  applicant has not been issued a number described by Paragraph (A)
  or (B);
               (2)  for an application for a ballot to be voted by
  mail on the ground of absence from the county of residence, the
  address outside the applicant's county of residence to which the
  ballot is to be mailed;
               (3)  for an application for a ballot to be voted by
  mail on the ground of age or disability:
                     (A)  [,] the address of the hospital, nursing
  home or other long-term care facility, or retirement center, or
  of a person related to the applicant within the second degree by
  affinity or the third degree by consanguinity, as determined
  under Chapter 573, Government Code, if the applicant is living at
  that address and that address is different from the address at
  which the applicant is registered to vote; and
                     (B)  if applicable, the selected specific
  grounds on which the voter is eligible for a ballot to be voted by
  mail on the ground of disability, as required by Section
  82.002(c);
               (4)  for an application for a ballot to be voted by
  mail on the ground of confinement in jail, the address of the jail
  or of a person related to the applicant within the degree
  described by Subdivision (3);
               (5)  for an application for a ballot to be voted by
  mail on any ground, an indication of each election for which the
  applicant is applying for a ballot; and
               (6)  an indication of the ground of eligibility for
  early voting.
         (c)  A person may use the number of a driver's license or
  personal identification card that has expired for the purpose of
  fulfilling the requirement under Subsection (a)(1-a) if the
  license or identification is otherwise valid.
         Explanation: The change is necessary to regulate the
  content of an application for an early voting ballot.
         (11)  Senate Rule 12.03(1) is suspended to permit the
  committee to amend text not in disagreement in proposed SECTION
  5.04 of the bill, in amended Section 84.011(a), Election Code, by
  amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a),
  to read as follows:
               (1)  immediately preceding the signature space the
  statement:  "I certify that the information given in this
  application is true, and I understand that giving false
  information in this application is a crime.";
                (3-a) a space for entering the information required
  under Section 84.002(a)(1-a); and
         Explanation:  The change is necessary to regulate the
  contents of the officially prescribed application form for an
  early voting ballot.
         (12)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.06 of the
  bill, by adding Section 86.001(f), Election Code, to read as
  follows:
         (f)  If the information required under Section
  84.002(a)(1-a) included on the application does not match the
  information on the applicant's application for voter
  registration under Section 13.002(c)(8), the clerk shall reject
  the application.
         Explanation: The change is necessary to require an early
  voting clerk to reject an application for a ballot to be voted by
  mail if certain information included in the application does not
  match the information on the applicant's application for voter
  registration.
         (13)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.07 of the
  bill, by adding Sections 86.002(g), (h), and (i), Election Code,
  to read as follows:
         (g)  The carrier envelope must include a space that is
  hidden from view when the envelope is sealed for the voter to
  enter the following information:
               (1)  the number of the voter's driver's license or
  personal identification card issued by the Department of Public
  Safety;
               (2)  if the voter has not been issued a number
  described by Subdivision (1), the last four digits of the voter's
  social security number; or
               (3)  a statement by the applicant that the applicant
  has not been issued a number described by Subdivision (1) or (2).
         (h)  A person may use the number of a driver's license or
  personal identification card that has expired for purposes of
  Subsection (g) if the license or identification is otherwise
  valid.
         (i)  No record associating an individual voter with a
  ballot may be created.
         Explanation: The change is necessary to regulate the
  contents of the carrier envelope for a ballot to be voted by mail.
         (14)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 5.15 of the
  bill, by adding Sections 87.128, Election Code, to read as
  follows:
         Sec. 87.128.  NOTES. Each member of an early voting
  ballot board and each member of a signature verification
  committee is entitled to take and keep any notes reasonably
  necessary to perform the member's duties under this chapter.
         Explanation:  The change is necessary to provide that
  members of early voting ballot boards and of signature
  verification committees may take and keep certain notes.
         (15)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 8.04 of the
  bill, by amending Sections 232.008(b), (c), and (d), Election
  Code, to read as follows:
         (b)  Except as provided by Subsection (c), a contestant
  must file the petition not later than the later of the 45th [30th]
  day after the date the election records are publicly available
  under Section 1.012 or the official result of the contested
  election is determined.
         (c)  A contestant must file the petition not later than
  the later of the 15th [10th] day after the date the election
  records are publicly available under Section 1.012 or the
  official result is determined in a contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff
  is necessary according to the official result or will be
  necessary if the contestant prevails.
         (d)  A contestant must deliver, electronically or
  otherwise, a copy of the petition to the secretary of state by the
  same deadline prescribed for the filing of the petition.
         Explanation: The change is necessary to regulate the
  filing and delivery of a petition in an election contest.
         (16)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 8.04 of the
  bill, by adding Section 232.063, Election Code, to read as
  follows:
         Sec. 232.063.  OVERTURNING ELECTION. If the number of
  votes illegally cast in the election is equal to or greater than
  the number of votes necessary to change the outcome of an
  election, the court may declare the election void without
  attempting to determine how individual voters voted.
         Explanation: The change is necessary to provide certain
  circumstances in which a court may declare an election void.
         (17)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 8.06 of the
  bill, by amending Section 273.061, Election Code, to read as
  follows:
         Sec. 273.061.  JURISDICTION.  (a)  The supreme court or a
  court of appeals may issue a writ of mandamus to compel the
  performance of any duty imposed by law in connection with the
  holding of an election or a political party convention,
  regardless of whether the person responsible for performing the
  duty is a public officer.
         (b)  The court of criminal appeals may issue a writ of
  mandamus to compel the performance of any duty imposed by law in
  connection with the provision, sequestration, transfer, or
  impoundment of evidence in or records relating to a criminal
  investigation conducted under this code or conducted in
  connection with the conduct of an election or political party
  convention.  If a writ of mandamus is issued under this
  subsection, it shall include an order requiring the provision,
  sequestration, transfer, or impoundment of the evidence or
  record.
         Explanation: The change is necessary to permit the court
  of criminal appeals to issue writs of mandamus to compel the
  performance of certain duties relating to elections.
         (18)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 8.09 of the
  bill, by adding Sections 23.301(c), (d), and (e), Government
  Code, to read as follows:
         (c)  Notwithstanding any other law or rule, a proceeding
  entitled to priority under Section 23.101(b-1) relating to a
  temporary injunction shall have a court assigned under
  Subsection (b) not later than 24 hours after the proceeding is
  filed and, if a temporary injunction is granted, the injunction
  may not remain in effect for longer than four days.
         (d)  A person, including a public official, commits an
  offense if the person communicates with a county or district
  clerk with the intention of influencing or attempting to
  influence the court or judge assigned to a proceeding under this
  section.
         (e)  An offense under this section is a Class A
  misdemeanor, except that the offense is a state jail felony if it
  is shown on the trial of the offense that the person committed the
  offense while acting in the person's official capacity as an
  election official.
         Explanation: The change is necessary to regulate the
  assignment of certain election proceedings and describe the
  conduct constituting an offense under Section 23.301,
  Government Code, as well as the punishment for that offense.
         (19)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 8.09 of the
  bill, by adding Section 23.302, Government Code, to read as
  follows:
         Sec. 23.302.  DEADLINES IN CERTAIN ELECTION PROCEEDINGS.  
  (a)  Not later than 24 hours after the proceeding is filed, a
  judge to whom a case is assigned under Section 23.301(b) who
  wishes to be recused from the proceeding must, before recusal:
               (1)  hear an application for any emergency temporary
  relief sought;
               (2)  grant or deny any emergency temporary relief
  sought; and
               (3)  set a scheduling order that provides:
                     (A)  a date for a hearing on any injunction
  sought not later than five days after the date on which the
  proceeding was filed; and
                     (B)  discovery and deposition deadlines before
  the expiration of any emergency relief order entered.
         (b)  The presiding judge of an administrative region shall
  assign a new judge to a proceeding assigned under Section
  23.301(b) not later than 12 hours after the original judge
  assigned to the proceeding is recused under Subsection (a).
         (c)  A final order in a proceeding filed under Section
  273.081, Election Code, shall be submitted in writing to the
  parties not later than 24 hours after the judge makes a final
  determination in the proceeding.
         (d)  If a district judge does not comply with this
  section, a person may seek from the supreme court, the court of
  criminal appeals, or a court of appeals a writ of mandamus as
  provided by Section 273.061, Election Code, to compel compliance
  with this section.
         (e)  Notwithstanding Section 23.101(b-1), a proceeding
  relating to a permanent injunction being sought in connection to
  a challenge under Section 141.034, Election Code, may be heard
  after the primary election has been canvassed.
         Explanation:  The change is necessary to provide for
  deadlines in certain election proceedings.
         (20)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 9.02 of the
  bill, by adding amended Article 42.01, Code of Criminal
  Procedure, to read as follows:
         Sec. 4.  The Court of Criminal Appeals [Office of Court
  Administration of the Texas Judicial System] shall promulgate a
  standardized felony judgment form that conforms to the
  requirements of Section 1 of this article.  A court entering a
  felony judgment [judgement] shall use the form promulgated under
  this section.
         Sec. 16.  In addition to the information described by
  Section 1, the judgment should reflect the affirmative finding
  and instruction entered pursuant to Article 42.0194.
         Explanation: The change is necessary to require the Court
  of Criminal Appeals to promulgate a standardized felony
  judgment form including certain information entered pursuant to
  Article 42.0194, Code of Criminal Procedure.
         (21)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 11.03(d) of the
  bill, in the transition language, to read as follows:
         (d)  The changes in law made by this Act apply only to an
  application to vote an early voting ballot by mail submitted on
  or after the effective date of this Act.  An application to vote
  an early voting ballot by mail submitted before the effective
  date of this Act is governed by the law in effect when the
  application was submitted, and the former law is continued in
  effect for that purpose.
         Explanation:  The change is necessary to ensure that any
  change in law made by the Act applies only to an application to
  vote an early voting ballot by mail submitted on or after the
  effective date of the Act.
         (22)  Senate Rule 12.03(4) is suspended to permit the
  committee to add text on a matter not included in either the house
  or senate version of the bill in proposed SECTION 11.04 of the
  bill, in the transition language, to read as follows:
         SECTION 11.04.  Not later than January 1, 2022, the
  secretary of state shall develop the training course required by
  Section 31.019, Election Code, as added by this Act.
         Explanation:  The change is necessary to require the
  secretary of state to develop the training course required by
  added Section 31.019, Election Code, before January 1, 2022.
         (23)  Senate Rule 12.03(1) is suspended to permit the
  committee to amend text not in disagreement in proposed SECTION
  11.06 of the bill, providing for an effective, to read as
  follows:
         SECTION 11.06.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary
  for immediate effect, this Act takes effect September 1, 2021.
         Explanation:  The change is necessary to allow the
  provisions of the Act to take effect immediately if the measure
  receives a vote of two-thirds of all the members elected to each
  house.
 
 
 
 
    _______________________________ 
        President of the Senate
     
         I hereby certify that the
    above Resolution was adopted by
    the Senate on May 29, 2021, by
    the following vote:  Yeas 19,
  Nays 12.
   
   
   
    _______________________________ 
        Secretary of the Senate