By: Shapiro, et al. S.B. No. 27
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an address confidentiality program to
1-3 assist victims of family violence or stalking in maintaining
1-4 confidential addresses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 56, Code of Criminal Procedure, is
1-7 amended by adding Subchapter C to read as follows:
1-8 SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR
1-9 VICTIMS OF FAMILY VIOLENCE OR STALKING
1-10 Art. 56.81. DEFINITIONS. In this subchapter:
1-11 (1) "Applicant" means an applicant for participation
1-12 in the program.
1-13 (2) "Family violence" has the meaning assigned by
1-14 Section 71.004, Family Code.
1-15 (3) "Family violence shelter center" has the meaning
1-16 assigned by Section 51.002, Human Resources Code.
1-17 (4) "Mail" means first class mail and any mail sent by
1-18 a government agency. The term does not include any package,
1-19 regardless of size or type of mailing.
1-20 (5) "Participant" means an applicant who is certified
1-21 for participation in the program.
1-22 (6) "Program" means the address confidentiality
1-23 program created under this subchapter.
1-24 Art. 56.82. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
1-25 secretary of state shall establish an address confidentiality
2-1 program, as provided by this subchapter, to assist a victim of
2-2 family violence or an offense under Section 42.072, Penal Code, in
2-3 maintaining a confidential address.
2-4 (b) The secretary of state shall:
2-5 (1) designate a substitute address that a participant
2-6 may use in place of the participant's true residential, business,
2-7 or school address;
2-8 (2) act as agent to receive service of process and
2-9 mail on behalf of the participant; and
2-10 (3) forward to the participant mail received by the
2-11 secretary of state on behalf of the participant.
2-12 (c) A summons, writ, notice, demand, or process may be
2-13 served on the secretary of state on behalf of the participant by
2-14 delivery of two copies of the document to the secretary of state.
2-15 The secretary of state shall retain a copy of the summons, writ,
2-16 notice, demand, or process and forward the original to the
2-17 participant not later than the third day after the date of service
2-18 on the secretary of state.
2-19 (d) The secretary of state shall make and retain a copy of
2-20 the envelope in which certified mail is received on behalf of the
2-21 participant.
2-22 Art. 56.83. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To
2-23 be eligible to participate in the program, an applicant must:
2-24 (1) meet with a victim's assistance counselor from a
2-25 state or local agency or other entity designated by the secretary
2-26 of state under Article 56.94 and receive orientation information
3-1 about the program;
3-2 (2) file an application for participation with the
3-3 secretary of state or a state or local agency or other entity
3-4 designated by the secretary of state under Article 56.94;
3-5 (3) designate the secretary of state as agent to
3-6 receive service of process and mail on behalf of the applicant; and
3-7 (4) live at a residential address, or relocate to a
3-8 residential address, that is unknown to the person who committed or
3-9 is alleged to have committed the family violence or an offense
3-10 under Section 42.072, Penal Code.
3-11 (b) An application under Subsection (a)(2) must contain:
3-12 (1) a signed, sworn statement by the applicant that:
3-13 (A) the applicant, the applicant's child, or the
3-14 other person in the applicant's household on whose behalf the
3-15 application is made:
3-16 (i) is a victim of an offense involving
3-17 family violence or an offense under Section 42.072, Penal Code, and
3-18 the person who committed the offense has been convicted of the
3-19 offense;
3-20 (ii) is protected by an order issued under
3-21 Section 6.504 or Chapter 85, Family Code, under Article 17.292 of
3-22 this code, or by another jurisdiction as provided by Chapter 88,
3-23 Family Code; or
3-24 (iii) has stayed overnight at a family
3-25 violence shelter center at least three times during the year
3-26 preceding the date of application; and
4-1 (B) the applicant fears for the safety of the
4-2 applicant, the applicant's child, or the other person in the
4-3 applicant's household because of a threat of immediate or future
4-4 harm caused by the person who committed or is alleged to have
4-5 committed the family violence or an offense under Section 42.072,
4-6 Penal Code;
4-7 (2) the applicant's true residential address and, if
4-8 applicable, the applicant's business and school addresses; and
4-9 (3) a statement by the applicant of whether there is
4-10 an existing court order or a pending court case for child support
4-11 or child custody or visitation that involves the applicant and, if
4-12 so, the name and address of:
4-13 (A) the legal counsel of record; and
4-14 (B) each parent involved in the court order or
4-15 pending case.
4-16 (c) An application under Subsection (a)(2) must be completed
4-17 by the applicant in person at the state or local agency or other
4-18 entity with which the application is filed.
4-19 (d) A state or local agency or other entity with which an
4-20 application is filed under Subsection (a)(2) shall forward the
4-21 application to the secretary of state.
4-22 (e) An applicant is not required under Subsection
4-23 (b)(1)(A)(ii) or (iii) to prove the commission of a criminal
4-24 offense to be eligible for participation in the program. It is
4-25 sufficient that the applicant make a signed, sworn statement as
4-26 described by Subsection (b)(1).
5-1 (f) The secretary of state by rule may establish additional
5-2 eligibility requirements for participation in the program that are
5-3 consistent with the purpose of the program as stated in Article
5-4 56.82(a).
5-5 (g) Any assistance or counseling provided by the secretary
5-6 of state or an employee or agent of the secretary of state to an
5-7 applicant does not constitute legal advice.
5-8 Art. 56.84. CERTIFICATION; EXPIRATION. (a) The secretary
5-9 of state shall certify for participation in the program an
5-10 applicant who satisfies the eligibility requirements under Article
5-11 56.83.
5-12 (b) A certification under this article expires on the third
5-13 anniversary of the date of certification.
5-14 Art. 56.85. ISSUANCE OF IDENTIFICATION CARD. On
5-15 certification under Article 56.84(a), the secretary of state shall
5-16 issue to the participant an identification card containing the
5-17 substitute address designated by the secretary of state.
5-18 Art. 56.86. RENEWAL. To renew a certification under Article
5-19 56.84, a participant must satisfy the eligibility requirements
5-20 under Article 56.83 as if the participant were originally applying
5-21 for participation in the program.
5-22 Art. 56.87. INELIGIBILITY AND CANCELLATION. (a) An
5-23 applicant is ineligible for, and a participant may be excluded
5-24 from, participation in the program if the applicant or participant
5-25 knowingly makes a false statement on an application filed under
5-26 Article 56.83(a)(2).
6-1 (b) A participant may be excluded from participation in the
6-2 program if:
6-3 (1) mail forwarded to the participant by the secretary
6-4 of state is returned undeliverable on at least four occasions; or
6-5 (2) the participant:
6-6 (A) changes the participant's true residential
6-7 address as provided in the application filed under Article
6-8 56.83(a)(2) and does not notify the secretary of state of the
6-9 change at least 10 days before the date of the change; or
6-10 (B) changes the participant's name.
6-11 Art. 56.88. WITHDRAWAL. A participant may withdraw from the
6-12 program by notifying the secretary of state in writing of the
6-13 withdrawal.
6-14 Art. 56.89. RETURN OF IDENTIFICATION CARD. A participant
6-15 shall return to the secretary of state the identification card
6-16 issued to the participant under Article 56.85 if:
6-17 (1) the participant's certification under Article
6-18 56.84 expires and the participant does not renew the certification
6-19 in the manner required by Article 56.86;
6-20 (2) the participant notifies the secretary of state
6-21 under Article 56.88 of the participant's withdrawal from the
6-22 program; or
6-23 (3) the participant is excluded from participation in
6-24 the program by the secretary of state.
6-25 Art. 56.90. CONFIDENTIALITY; DESTRUCTION OF INFORMATION.
6-26 (a) Information relating to a participant:
7-1 (1) is confidential, except as provided by Article
7-2 56.93; and
7-3 (2) may not be disclosed under Chapter 552, Government
7-4 Code.
7-5 (b) Except as provided by Article 56.82(d), the secretary of
7-6 state may not make a copy of any mail received by the secretary of
7-7 state on behalf of the participant.
7-8 (c) The secretary of state shall destroy all information
7-9 relating to a participant on the third anniversary of the date
7-10 participation in the program ends.
7-11 Art. 56.91. LIABILITY. The secretary of state or an agent
7-12 or employee of the secretary of state is immune from liability for
7-13 any act or omission by the officer or agent in administering the
7-14 program if the officer or agent was acting in good faith and in the
7-15 course and scope of assigned responsibilities and duties in the
7-16 program.
7-17 Art. 56.92. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
7-18 (a) Except as provided by Subsection (b), a state or local agency
7-19 must accept the substitute address designated by the secretary of
7-20 state if the substitute address is presented to the agency by a
7-21 participant in place of the participant's true residential,
7-22 business, or school address.
7-23 (b) The secretary of state may by rule permit an agency to
7-24 require a participant to provide the participant's true
7-25 residential, business, or school address, if necessary for the
7-26 agency to perform a duty or function that is imposed by law.
8-1 Art. 56.93. EXCEPTIONS. The secretary of state:
8-2 (1) shall disclose a participant's true residential,
8-3 business, or school address if:
8-4 (A) requested by a law enforcement agency; or
8-5 (B) required by court order; and
8-6 (2) may disclose a participant's true residential,
8-7 business, or school address if:
8-8 (A) the participant consents to the disclosure;
8-9 and
8-10 (B) the disclosure is necessary to administer
8-11 the program.
8-12 Art. 56.94. PROGRAM ASSISTANCE. The secretary of state
8-13 shall identify state and local agencies and other entities, whether
8-14 for-profit or nonprofit, that provide counseling and shelter
8-15 services to victims of family violence and require the identified
8-16 agencies to provide access to the program, including making program
8-17 information and application materials available and providing
8-18 assistance in completing program applications.
8-19 Art. 56.95. RULES. The secretary of state shall adopt rules
8-20 to administer the program.
8-21 SECTION 2. Subsection (a), Section 18.005, Election Code, is
8-22 amended to read as follows:
8-23 (a) Each original and supplemental list of registered voters
8-24 must:
8-25 (1) contain the voter's name, residence address or
8-26 substitute address, if required by Section 18.0051, date of birth,
9-1 and registration number;
9-2 (2) be arranged alphabetically by voter name; and
9-3 (3) contain the notation required by Section 15.111.
9-4 SECTION 3. Subchapter A, Chapter 18, Election Code, is
9-5 amended by adding Section 18.0051 to read as follows:
9-6 Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
9-7 original or supplemental list of registered voters must contain a
9-8 voter's substitute address designated by the secretary of state
9-9 under Article 56.82(b), Code of Criminal Procedure, for use by the
9-10 voter in place of the voter's true residential, business, or school
9-11 address if the voter is eligible for early voting by mail under
9-12 Section 82.007 and has submitted an early voting ballot application
9-13 as required by Section 84.0021.
9-14 SECTION 4. Chapter 82, Election Code, is amended by adding
9-15 Section 82.007 to read as follows:
9-16 Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
9-17 PROGRAM. A qualified voter is eligible for early voting by mail
9-18 if, at the time the voter's early voting ballot application is
9-19 submitted, the voter is accepted for participation in the address
9-20 confidentiality program administered by the secretary of state
9-21 under Chapter 56, Code of Criminal Procedure.
9-22 SECTION 5. Subchapter A, Chapter 84, Election Code, is
9-23 amended by adding Section 84.0021 to read as follows:
9-24 Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN
9-25 ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An
9-26 early voting ballot application submitted by a qualified voter who
10-1 is eligible for early voting by mail under Section 82.007 must
10-2 include:
10-3 (1) the applicant's name and address at which the
10-4 applicant is registered to vote;
10-5 (2) the substitute address designated by the secretary
10-6 of state under Article 56.82(b), Code of Criminal Procedure, for
10-7 use by the voter in place of the voter's true residential,
10-8 business, or school address; and
10-9 (3) an indication of each election for which the
10-10 applicant is applying for a ballot.
10-11 (b) The information contained in an application under this
10-12 section relating to the address at which the applicant is
10-13 registered to vote is confidential, except that the information
10-14 must be disclosed if:
10-15 (1) requested by a law enforcement agency; or
10-16 (2) required by court order.
10-17 SECTION 6. Chapter 221, Election Code, is amended by adding
10-18 Section 221.018 to read as follows:
10-19 Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL
10-20 INFORMATION. (a) Notwithstanding Section 84.0021(b), the tribunal
10-21 hearing an election contest may examine the information contained
10-22 in an application under Section 84.0021 relating to the address at
10-23 which the applicant is registered to vote.
10-24 (b) Information may be examined under this section only for
10-25 the purpose of hearing an election contest.
10-26 SECTION 7. The secretary of state shall establish the
11-1 address confidentiality program and adopt rules to administer the
11-2 program as required by Subchapter C, Chapter 56, Code of Criminal
11-3 Procedure, as added by this Act, not later than June 1, 2002.
11-4 SECTION 8. This Act takes effect immediately if it receives
11-5 a vote of two-thirds of all the members elected to each house, as
11-6 provided by Section 39, Article III, Texas Constitution. If this
11-7 Act does not receive the vote necessary for immediate effect, this
11-8 Act takes effect September 1, 2001.