1-1 By: Shapiro, Nelson, Zaffirini, Van de Putte S.B. No. 27 1-2 (In the Senate - Filed November 13, 2000; January 10, 2001, 1-3 read first time and referred to Committee on State Affairs; 1-4 April 4, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 8, Nays 0; April 4, 2001, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 27 By: Shapiro 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of an address confidentiality program to 1-11 assist victims of family violence or stalking in maintaining 1-12 confidential addresses. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Chapter 56, Code of Criminal Procedure, is 1-15 amended by adding Subchapter C to read as follows: 1-16 SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR 1-17 VICTIMS OF FAMILY VIOLENCE OR STALKING 1-18 Art. 56.81. DEFINITIONS. In this subchapter: 1-19 (1) "Applicant" means an applicant for participation 1-20 in the program. 1-21 (2) "Family violence" has the meaning assigned by 1-22 Section 71.004, Family Code. 1-23 (3) "Family violence shelter center" has the meaning 1-24 assigned by Section 51.002, Human Resources Code. 1-25 (4) "Mail" means first class mail and any mail sent by 1-26 a government agency. The term does not include any package, 1-27 regardless of size or type of mailing. 1-28 (5) "Participant" means an applicant who is certified 1-29 for participation in the program. 1-30 (6) "Program" means the address confidentiality 1-31 program created under this subchapter. 1-32 Art. 56.82. ADDRESS CONFIDENTIALITY PROGRAM. (a) The 1-33 secretary of state shall establish an address confidentiality 1-34 program, as provided by this subchapter, to assist a victim of 1-35 family violence or an offense under Section 42.072, Penal Code, in 1-36 maintaining a confidential address. 1-37 (b) The secretary of state shall: 1-38 (1) designate a substitute address that a participant 1-39 may use in place of the participant's true residential, business, 1-40 or school address; 1-41 (2) act as agent to receive service of process and 1-42 mail on behalf of the participant; and 1-43 (3) forward to the participant mail received by the 1-44 secretary of state on behalf of the participant. 1-45 (c) A summons, writ, notice, demand, or process may be 1-46 served on the secretary of state on behalf of the participant by 1-47 delivery of two copies of the document to the secretary of state. 1-48 The secretary of state shall retain a copy of the summons, writ, 1-49 notice, demand, or process and forward the original to the 1-50 participant not later than the third day after the date of service 1-51 on the secretary of state. 1-52 (d) The secretary of state shall make and retain a copy of 1-53 the envelope in which certified mail is received on behalf of the 1-54 participant. 1-55 Art. 56.83. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To 1-56 be eligible to participate in the program, an applicant must: 1-57 (1) meet with a victim's assistance counselor from a 1-58 state or local agency or other entity designated by the secretary 1-59 of state under Article 56.94 and receive orientation information 1-60 about the program; 1-61 (2) file an application for participation with the 1-62 secretary of state or a state or local agency or other entity 1-63 designated by the secretary of state under Article 56.94; 1-64 (3) designate the secretary of state as agent to 2-1 receive service of process and mail on behalf of the applicant; and 2-2 (4) live at a residential address, or relocate to a 2-3 residential address, that is unknown to the person who committed or 2-4 is alleged to have committed the family violence or an offense 2-5 under Section 42.072, Penal Code. 2-6 (b) An application under Subsection (a)(2) must contain: 2-7 (1) a signed, sworn statement by the applicant that: 2-8 (A) the applicant, the applicant's child, or the 2-9 other person in the applicant's household on whose behalf the 2-10 application is made: 2-11 (i) is a victim of an offense involving 2-12 family violence or an offense under Section 42.072, Penal Code, and 2-13 the person who committed the offense has been convicted of the 2-14 offense; 2-15 (ii) is protected by an order issued under 2-16 Section 6.504 or Chapter 85, Family Code, under Article 17.292 of 2-17 this code, or by another jurisdiction as provided by Chapter 88, 2-18 Family Code; or 2-19 (iii) has stayed overnight at a family 2-20 violence shelter center at least three times during the year 2-21 preceding the date of application; and 2-22 (B) the applicant fears for the safety of the 2-23 applicant, the applicant's child, or the other person in the 2-24 applicant's household because of a threat of immediate or future 2-25 harm caused by the person who committed or is alleged to have 2-26 committed the family violence or an offense under Section 42.072, 2-27 Penal Code; 2-28 (2) the applicant's true residential address and, if 2-29 applicable, the applicant's business and school addresses; and 2-30 (3) a statement by the applicant of whether there is 2-31 an existing court order or a pending court case for child support 2-32 or child custody or visitation that involves the applicant and, if 2-33 so, the name and address of: 2-34 (A) the legal counsel of record; and 2-35 (B) each parent involved in the court order or 2-36 pending case. 2-37 (c) An application under Subsection (a)(2) must be completed 2-38 by the applicant in person at the state or local agency or other 2-39 entity with which the application is filed. 2-40 (d) A state or local agency or other entity with which an 2-41 application is filed under Subsection (a)(2) shall forward the 2-42 application to the secretary of state. 2-43 (e) An applicant is not required under Subsection 2-44 (b)(1)(A)(ii) or (iii) to prove the commission of a criminal 2-45 offense to be eligible for participation in the program. It is 2-46 sufficient that the applicant make a signed, sworn statement as 2-47 described by Subsection (b)(1). 2-48 (f) The secretary of state by rule may establish additional 2-49 eligibility requirements for participation in the program that are 2-50 consistent with the purpose of the program as stated in Article 2-51 56.82(a). 2-52 (g) Any assistance or counseling provided by the secretary 2-53 of state or an employee or agent of the secretary of state to an 2-54 applicant does not constitute legal advice. 2-55 Art. 56.84. CERTIFICATION; EXPIRATION. (a) The secretary 2-56 of state shall certify for participation in the program an 2-57 applicant who satisfies the eligibility requirements under Article 2-58 56.83. 2-59 (b) A certification under this article expires on the third 2-60 anniversary of the date of certification. 2-61 Art. 56.85. ISSUANCE OF IDENTIFICATION CARD. On 2-62 certification under Article 56.84(a), the secretary of state shall 2-63 issue to the participant an identification card containing the 2-64 substitute address designated by the secretary of state. 2-65 Art. 56.86. RENEWAL. To renew a certification under Article 2-66 56.84, a participant must satisfy the eligibility requirements 2-67 under Article 56.83 as if the participant were originally applying 2-68 for participation in the program. 2-69 Art. 56.87. INELIGIBILITY AND CANCELLATION. (a) An 3-1 applicant is ineligible for, and a participant may be excluded 3-2 from, participation in the program if the applicant or participant 3-3 knowingly makes a false statement on an application filed under 3-4 Article 56.83(a)(2). 3-5 (b) A participant may be excluded from participation in the 3-6 program if: 3-7 (1) mail forwarded to the participant by the secretary 3-8 of state is returned undeliverable on at least four occasions; or 3-9 (2) the participant: 3-10 (A) changes the participant's true residential 3-11 address as provided in the application filed under Article 3-12 56.83(a)(2) and does not notify the secretary of state of the 3-13 change at least 10 days before the date of the change; or 3-14 (B) changes the participant's name. 3-15 Art. 56.88. WITHDRAWAL. A participant may withdraw from the 3-16 program by notifying the secretary of state in writing of the 3-17 withdrawal. 3-18 Art. 56.89. RETURN OF IDENTIFICATION CARD. A participant 3-19 shall return to the secretary of state the identification card 3-20 issued to the participant under Article 56.85 if: 3-21 (1) the participant's certification under Article 3-22 56.84 expires and the participant does not renew the certification 3-23 in the manner required by Article 56.86; 3-24 (2) the participant notifies the secretary of state 3-25 under Article 56.88 of the participant's withdrawal from the 3-26 program; or 3-27 (3) the participant is excluded from participation in 3-28 the program by the secretary of state. 3-29 Art. 56.90. CONFIDENTIALITY; DESTRUCTION OF INFORMATION. 3-30 (a) Information relating to a participant: 3-31 (1) is confidential, except as provided by Article 3-32 56.93; and 3-33 (2) may not be disclosed under Chapter 552, Government 3-34 Code. 3-35 (b) Except as provided by Article 56.82(d), the secretary of 3-36 state may not make a copy of any mail received by the secretary of 3-37 state on behalf of the participant. 3-38 (c) The secretary of state shall destroy all information 3-39 relating to a participant on the third anniversary of the date 3-40 participation in the program ends. 3-41 Art. 56.91. LIABILITY. The secretary of state or an agent 3-42 or employee of the secretary of state is immune from liability for 3-43 any act or omission by the officer or agent in administering the 3-44 program if the officer or agent was acting in good faith and in the 3-45 course and scope of assigned responsibilities and duties in the 3-46 program. 3-47 Art. 56.92. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS. 3-48 (a) Except as provided by Subsection (b), a state or local agency 3-49 must accept the substitute address designated by the secretary of 3-50 state if the substitute address is presented to the agency by a 3-51 participant in place of the participant's true residential, 3-52 business, or school address. 3-53 (b) The secretary of state may by rule permit an agency to 3-54 require a participant to provide the participant's true 3-55 residential, business, or school address, if necessary for the 3-56 agency to perform a duty or function that is imposed by law. 3-57 Art. 56.93. EXCEPTIONS. The secretary of state: 3-58 (1) shall disclose a participant's true residential, 3-59 business, or school address if: 3-60 (A) requested by a law enforcement agency; or 3-61 (B) required by court order; and 3-62 (2) may disclose a participant's true residential, 3-63 business, or school address if: 3-64 (A) the participant consents to the disclosure; 3-65 and 3-66 (B) the disclosure is necessary to administer 3-67 the program. 3-68 Art. 56.94. PROGRAM ASSISTANCE. The secretary of state 3-69 shall identify state and local agencies and other entities, whether 4-1 for-profit or nonprofit, that provide counseling and shelter 4-2 services to victims of family violence and require the identified 4-3 agencies to provide access to the program, including making program 4-4 information and application materials available and providing 4-5 assistance in completing program applications. 4-6 Art. 56.95. RULES. The secretary of state shall adopt rules 4-7 to administer the program. 4-8 SECTION 2. Subsection (a), Section 18.005, Election Code, is 4-9 amended to read as follows: 4-10 (a) Each original and supplemental list of registered voters 4-11 must: 4-12 (1) contain the voter's name, residence address or 4-13 substitute address, if required by Section 18.0051, date of birth, 4-14 and registration number; 4-15 (2) be arranged alphabetically by voter name; and 4-16 (3) contain the notation required by Section 15.111. 4-17 SECTION 3. Subchapter A, Chapter 18, Election Code, is 4-18 amended by adding Section 18.0051 to read as follows: 4-19 Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An 4-20 original or supplemental list of registered voters must contain a 4-21 voter's substitute address designated by the secretary of state 4-22 under Article 56.82(b), Code of Criminal Procedure, for use by the 4-23 voter in place of the voter's true residential, business, or school 4-24 address if the voter is eligible for early voting by mail under 4-25 Section 82.007 and has submitted an early voting ballot application 4-26 as required by Section 84.0021. 4-27 SECTION 4. Chapter 82, Election Code, is amended by adding 4-28 Section 82.007 to read as follows: 4-29 Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY 4-30 PROGRAM. A qualified voter is eligible for early voting by mail 4-31 if, at the time the voter's early voting ballot application is 4-32 submitted, the voter is accepted for participation in the address 4-33 confidentiality program administered by the secretary of state 4-34 under Chapter 56, Code of Criminal Procedure. 4-35 SECTION 5. Subchapter A, Chapter 84, Election Code, is 4-36 amended by adding Section 84.0021 to read as follows: 4-37 Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN 4-38 ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An 4-39 early voting ballot application submitted by a qualified voter who 4-40 is eligible for early voting by mail under Section 82.007 must 4-41 include: 4-42 (1) the applicant's name and address at which the 4-43 applicant is registered to vote; 4-44 (2) the substitute address designated by the secretary 4-45 of state under Article 56.82(b), Code of Criminal Procedure, for 4-46 use by the voter in place of the voter's true residential, 4-47 business, or school address; and 4-48 (3) an indication of each election for which the 4-49 applicant is applying for a ballot. 4-50 (b) The information contained in an application under this 4-51 section relating to the address at which the applicant is 4-52 registered to vote is confidential, except that the information 4-53 must be disclosed if: 4-54 (1) requested by a law enforcement agency; or 4-55 (2) required by court order. 4-56 SECTION 6. Chapter 221, Election Code, is amended by adding 4-57 Section 221.018 to read as follows: 4-58 Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL 4-59 INFORMATION. (a) Notwithstanding Section 84.0021(b), the tribunal 4-60 hearing an election contest may examine the information contained 4-61 in an application under Section 84.0021 relating to the address at 4-62 which the applicant is registered to vote. 4-63 (b) Information may be examined under this section only for 4-64 the purpose of hearing an election contest. 4-65 SECTION 7. The secretary of state shall establish the 4-66 address confidentiality program and adopt rules to administer the 4-67 program as required by Subchapter C, Chapter 56, Code of Criminal 4-68 Procedure, as added by this Act, not later than June 1, 2002. 4-69 SECTION 8. This Act takes effect immediately if it receives 5-1 a vote of two-thirds of all the members elected to each house, as 5-2 provided by Section 39, Article III, Texas Constitution. If this 5-3 Act does not receive the vote necessary for immediate effect, this 5-4 Act takes effect September 1, 2001. 5-5 * * * * *