SRC-SEW, MKV S.B. 27 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 27
77R1335 JMC-DBy: Shapiro
State Affairs
2/20/2001
As Filed


DIGEST AND PURPOSE 

Under current law, Texas has no method of keeping home, school, or work
addresses confidential 
for victims of domestic violence or stalking.  As a result, many victims
live in fear and try to remain underground by not enrolling their children
in school, registering to vote, opening bank accounts, obtaining credit
cards, or even ordering telephone service.  As proposed, S.B. 557 creates a
substitute address and a system by which to maintain a victim's true
address confidential on government records.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the secretary of state in
SECTION 1 (Articles 56.93, 56.95, 56.98, Code of Criminal Procedure) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 56, Code of Criminal Procedure, by adding
Subchapter C, as follows: 

SUBCHAPTER C.  ADDRESS CONFIDENTIALITY PROGRAM FOR VICTIMS OF FAMILY
VIOLENCE OR STALKING 

Article 56.91.  DEFINITIONS.  Defines "applicant," "family violence,"
"family violence shelter center," "participant," and "program." 

Article 56.92.  ADDRESS CONFIDENTIALITY PROGRAM.  Requires the secretary of
state to establish an address confidentiality program (program) to assist a
victim of family violence or an offense under Section 42.072 (Stalking),
Penal Code, in maintaining a confidential address. Requires the secretary
of state to carry out certain other duties to implement the program.
Provides that a participant's true residential, business, or school address
is confidential, except as provided by Article 56.96. 

Article 56.93.  ELIGIBILITY TO PARTICIPATE IN PROGRAM.  Sets forth that in
order to be eligible for the program an applicant must follow certain
procedures.  Requires an application to contain certain features.  Provides
that an applicant is not required to prove the commission of a criminal
offense to be eligible for participation in the program.  Provides that it
is sufficient that the applicant make a signed, sworn statement. Authorizes
the secretary of state by rule to establish additional eligibility
requirements for participation in the program that are consistent with the
purpose of the program. 

Article 56.94  INELIGIBILITY AND CANCELLATION.  Provides that an applicant
is ineligible for, and authorizes a participant's exclusion from,
participation in the program if the applicant or participant knowingly
makes a false statement on an application filed under Article 56.93. 

Article 56.95.  ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.  Requires a
state or local agency to accept the substitute address designated by the
secretary of state if it is given in place of the participant's true
address, except as provided by Subsection (b).  Authorizes  the secretary
of state by rule to permit an agency to require a participant's true
address if it is necessary to perform a duty or function that is imposed by
law. 

Article 56.96.  EXCEPTIONS.  Requires the secretary of state to disclose a
participant's true address if requested by a law enforcement agency or by
court order, or if it is necessary to administer the program. 
 
Article 56.97.  AGENCY ASSISTANCE.  Requires the secretary of state to
identify state and local agencies that provide services to victims of
family violence and require the agencies to provide access to the program,
including specified forms of access. 

Article 56.98.  RULES.  Requires the secretary of state to adopt rules to
administer the program. 

SECTION 2.  Amends Chapter 82, Election Code, by adding Section 82.007, as
follows: 

Section 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY PROGRAM. Provides
that a qualified voter is eligible for early voting by mail, if at the time
the early voting ballot application is submitted, the voter is accepted for
participation in the address confidentiality program.   

SECTION 3.  Amends Chapter 84A, Election Code, by adding Section 84.0021,
as follows: 

Section 84.0021.  CONTENTS OF APPLICATION FOR PARTICIPATION IN ADDRESS
CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION.  Requires an early
voting ballot application submitted by a qualified voter to include certain
information.  Sets forth that the information contained in the application
is confidential unless it is requested by a law enforcement agency or a
court order. 

SECTION 4.  Requires the secretary of state to establish a program and
adopt rules to administer the program no later than June 1, 2002. 

SECTION 5.  Effective date: upon passage or September 1, 2001.