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.