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.
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