By Culberson H.B. No. 1696
75R3425 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to restricting the performance of certain civil duties or
1-3 privileges to citizens of the United States.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 521.101, Transportation Code, is amended
1-6 by adding Subsection (h) to read as follows:
1-7 (h) The department shall require each applicant for a
1-8 personal identification certificate to provide, at the time of
1-9 application, proof of citizenship in a form required by the
1-10 department. If the department determines an applicant under this
1-11 section is not a citizen of the United States, the department shall
1-12 indicate that fact in a distinctive manner on the face of the
1-13 certificate.
1-14 SECTION 2. Subchapter F, Chapter 521, Transportation Code,
1-15 is amended by adding Section 521.1235 to read as follows:
1-16 Sec. 521.1235. DESIGNATOR ON LICENSE ISSUED TO NONCITIZEN.
1-17 (a) The department shall clearly mark each original driver's
1-18 license issued to a person who is not a citizen of the United
1-19 States.
1-20 (b) The form of a license described by Subsection (a) must
1-21 be similar in form to, but distinguishable in color from, a
1-22 driver's license issued to a citizen of the United States.
1-23 SECTION 3. Section 521.142(a), Transportation Code, is
1-24 amended to read as follows:
2-1 (a) An application for an original license must state the
2-2 applicant's full name, [and] place and date of birth, and whether
2-3 the applicant is a citizen of the United States. This information
2-4 must be verified by presentation of proof of identity satisfactory
2-5 to the department.
2-6 SECTION 4. Subchapter M, Chapter 521, Transportation Code,
2-7 is amended by adding Section 521.2725 to read as follows:
2-8 Sec. 521.2725. PROOF OF CITIZENSHIP REQUIRED. (a) Except
2-9 as provided by Subsection (c), the department shall require that
2-10 each applicant for a renewal of a driver's license provide proof of
2-11 the applicant's citizenship status in the United States in a form
2-12 designated by the department.
2-13 (b) If the department determines that an applicant for
2-14 renewal is not a citizen of the United States, the department shall
2-15 reissue the license in the form described by Section 521.1235.
2-16 (c) An applicant for renewal who has previously provided
2-17 proof of United States citizenship under this section or Section
2-18 521.142(a) is not required to provide proof of citizenship for a
2-19 renewal under this section.
2-20 SECTION 5. Section 63.001, Election Code, is amended by
2-21 amending Subsections (b), (c), (d), and (f) and adding Subsection
2-22 (g) to read as follows:
2-23 (b) On offering to vote, a voter must present the voter's
2-24 [his] voter registration certificate and proof of United States
2-25 citizenship in a form prescribed by the secretary of state to an
2-26 election officer at the polling place.
2-27 (c) On presentation of a registration certificate, an
3-1 election officer shall determine whether the voter's name on the
3-2 registration certificate is on the list of registered voters for
3-3 the precinct. On presentation of proof of United States
3-4 citizenship, an election officer shall determine whether the voter
3-5 is a United States citizen.
3-6 (d) If the voter's name is on the precinct list of
3-7 registered voters and the election officer verifies the voter's
3-8 citizenship, the voter shall be accepted for voting.
3-9 (f) After determining whether to accept a voter, an election
3-10 officer shall return the voter's registration certificate and proof
3-11 of United States citizenship to the voter [him].
3-12 (g) Section 63.010 applies to a voter whose citizenship is
3-13 not verified by an election officer.
3-14 SECTION 6. Section 84.002(a), Election Code, is amended to
3-15 read as follows:
3-16 (a) An early voting ballot application must include:
3-17 (1) the applicant's name and the address at which the
3-18 applicant is registered to vote;
3-19 (2) for an application for a ballot to be voted by
3-20 mail, the address to which the ballot is to be mailed and an
3-21 indication of each election for which the voter is applying for a
3-22 ballot; [and]
3-23 (3) an indication of the ground of eligibility for
3-24 early voting; and
3-25 (4) proof that the applicant is a United States
3-26 citizen in a form prescribed by the secretary of state.
3-27 SECTION 7. Section 84.011(a), Election Code, is amended to
4-1 read as follows:
4-2 (a) The officially prescribed application form for an early
4-3 voting ballot must include:
4-4 (1) immediately preceding the signature space the
4-5 statement: "I certify that the information given in this
4-6 application is true, and I understand that giving false information
4-7 in this application is a crime.";
4-8 (2) a statement informing the applicant [voters] of
4-9 the offense prescribed by Section 84.004;
4-10 (3) spaces for entering an applicant's voter
4-11 registration number and county election precinct of registration,
4-12 with a statement informing the applicant that failure to furnish
4-13 that information does not invalidate the application; [and]
4-14 (4) on an application for a ballot to be voted by
4-15 mail:
4-16 (A) a space for an applicant applying on the
4-17 ground of absence from the county of residence to indicate the date
4-18 on or after which the applicant can receive mail at the address
4-19 outside the county;
4-20 (B) a space for indicating the fact that an
4-21 applicant whose application is signed by a witness cannot make the
4-22 applicant's [his] mark and a space for indicating the relationship
4-23 or [the] lack of relationship of the witness to the applicant; and
4-24 (C) a space for entering an applicant's
4-25 telephone number, with a statement informing the applicant that
4-26 failure to furnish that information does not invalidate the
4-27 application; and
5-1 (5) a statement informing the applicant of the method
5-2 of providing proof of United States citizenship.
5-3 SECTION 8. Subchapter B, Chapter 62, Government Code, is
5-4 amended by adding Section 62.1055 to read as follows:
5-5 Sec. 62.1055. DISQUALIFICATION OF NONCITIZENS. (a) A
5-6 person is disqualified to serve as a petit juror unless the person
5-7 presents proof that the person is a citizen of the United States at
5-8 the time a person reports for jury selection under this chapter.
5-9 (b) Proof of citizenship required under this section shall
5-10 be in a form prescribed by the secretary of state.
5-11 (c) At the time the court hears excuses under Section
5-12 62.110, the court or the court's designee shall verify the
5-13 citizenship status of each prospective juror. If the court
5-14 determines that a prospective juror is not a citizen of the United
5-15 States or is unable to determine the citizenship status of a
5-16 prospective juror, the court shall discharge that person from
5-17 further jury service.
5-18 SECTION 9. This Act takes effect September 1, 1997.
5-19 SECTION 10. The changes in law made by Sections 1, 2, 3, and
5-20 4 of this Act, relating to the application for and form of a
5-21 driver's license or personal identification card, apply only to a
5-22 license or card issued or renewed on or after the effective date of
5-23 this Act.
5-24 SECTION 11. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.