H.B. No. 1549
AN ACT
relating to changes required in election laws to implement the 
federal Help America Vote Act of 2002.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 13.002(c), Election Code, is amended to 
read as follows: 
	(c)  A registration application must include:                                  
		(1)  the applicant's first name, middle name, if any, 
last name, and former name, if any;
		(2)  the month, day, and year of the applicant's birth;                       
		(3)  a statement that the applicant is a United States 
citizen;             
		(4)  a statement that the applicant is a resident of the 
county;            
		(5)  a statement that the applicant has not been 
determined mentally incompetent by a final judgment of a court;
		(6)  a statement that the applicant has not been 
finally convicted of a felony or that the applicant is a felon 
eligible for registration under Section 13.001;
		(7)  the applicant's residence address or, if the 
residence has no address, the address at which the applicant 
receives mail and a concise description of the location of the 
applicant's residence;
		(8)  the following information:                                        
			(A)  the applicant's Texas driver's license number 
or the number of a personal identification card issued by the 
Department of Public Safety;
			(B)  if the applicant has not been issued a number 
described by Paragraph (A), the last four digits of the applicant's 
social security number; or
			(C)  a statement by the applicant that the 
applicant has not been issued a number described by Paragraph (A) or 
(B);
		(9)  if the application is made by an agent, a statement 
of the agent's relationship to the applicant; and
		(10) [(9)]  the city and county in which the applicant 
formerly resided.
	SECTION 2.  Section 13.121(a), Election Code, is amended to 
read as follows: 
	(a)  The officially prescribed application form for 
registration by mail must be in the form of a business reply 
postcard, unless another form or system is used under Subsection 
(b), with postage paid by the state.  [The form may not be larger 
than the form in use immediately prior to January 1, 1986.]  The 
secretary of state shall design the form to enhance the legibility 
of its contents.
	SECTION 3.  Section 13.122, Election Code, is amended by 
amending Subsection (a) and adding Subsection (d) to read as 
follows:
	(a)  In addition to the other statements and spaces for 
entering information that appear on an officially prescribed 
registration application form, each official form must include:
		(1)  the statement: "I understand that giving false 
information to procure a voter registration is perjury and a crime 
under state and federal law.";
		(2)  a space for the applicant's registration number;                         
		(3)  a space for the applicant's Texas driver's license 
number or number of a personal identification card issued by the 
Department of Public Safety;
		(4)  a space for the applicant's telephone number;                            
		(5)  a space for the applicant's social security 
number;                    
		(6)  a space for the applicant's sex;                                         
		(7)  a statement indicating that the furnishing of the 
applicant's [driver's license number, personal identification card 
number,] telephone number[, social security number,] and sex is 
optional;
		(8)  a space or box for indicating whether the 
applicant or voter is submitting new registration information or a 
change in current registration information;
		(9)  a statement instructing a voter who is using the 
form to make a change in current registration information to enter 
the voter's name and the changed information in the appropriate 
spaces on the form;
		(10)  a statement that if the applicant declines to 
register to vote, that fact will remain confidential and will be 
used only for voter registration purposes;
		(11)  a statement that if the applicant does register 
to vote, information regarding the agency or office to which the 
application is submitted will remain confidential and will be used 
only for voter registration purposes;  and
		(12)  any other voter registration information 
required by federal law or considered appropriate and required by 
the secretary of state.
	(d)  The secretary of state shall prescribe procedures to 
inform an applicant who applies for registration by mail of the 
requirement that before voting for the first time in an election for 
federal office an applicant must provide a copy of a document 
described by Section 63.0101 that establishes the applicant's 
identity.  The procedures must include providing an instructional 
sheet to be distributed with the official registration application 
form describing the requirement and a method by which an applicant 
may submit the document along with the official registration 
application form.  This subsection expires on the earlier of:
		(1)  January 1, 2006; or                                               
		(2)  the date the secretary of state certifies that the 
statewide computerized voter registration list has been 
implemented.
	SECTION 4.  Section 18.005(a), Election Code, is amended to 
read as follows: 
	(a)  Each original and supplemental list of registered 
voters must:          
		(1)  contain the voter's name, residence address, date 
of birth, and registration number as provided by the statewide 
computerized voter registration list;
		(2)  be arranged alphabetically by voter name; [and]         
		(3)  contain the notation required by Section 15.111; 
and            
		(4)  until Section 13.122(d) expires, identify each 
voter registered by mail for the first time who failed to provide a 
copy of a document described by Section 63.0101 establishing the 
voter's identity at the time of registration.
	SECTION 5.  Effective January 1, 2006, the heading to 
Subchapter C, Chapter 18, Election Code, is amended to read as 
follows:
SUBCHAPTER C.  STATEWIDE VOTER REGISTRATION LIST [REGISTRATION 
SERVICE PROGRAM]
	SECTION 6.  Effective January 1, 2006, Section 18.061, 
Election Code, is amended to read as follows:
	Sec. 18.061.  STATEWIDE COMPUTERIZED VOTER REGISTRATION 
LIST [REGISTRATION SERVICE PROGRAM AUTHORIZED].  (a)  The secretary 
of state shall [may] implement and maintain a statewide 
computerized voter registration list that serves as the single 
system for storing and managing the official list of registered 
voters in the state [registration service program to assist 
registrars in maintaining accurate lists of registered voters].
	(b)  The statewide computerized voter registration list [A 
service program] must [include]:
		(1)  contain the name and registration information of 
each voter registered in the state [obtaining registration 
information from registrars and other available sources for a 
master file on registered voters];
		(2)  assign a unique identifier to each registered 
voter [periodically obtaining information from registrars and 
other available sources for the following purposes:
			[(A)  to aid in determining the proper status of 
voters on the lists of registered voters;  and
			[(B)  to aid in ascertaining the proper 
registration information for each registered voter]; and
		(3)  be available to any election official in the state 
through immediate electronic access [furnishing information that 
may be useful to the registrars in the performance of their official 
duties].
	(c)  Under procedures prescribed by the secretary of state, 
each voter registrar shall provide to the secretary of state on an 
expedited basis the information necessary to maintain the 
registration list established under Subsection (a).  The procedures 
shall provide for the electronic submission of the information.
	(d)  The secretary of state may contract with counties to 
provide them with electronic data services to facilitate the 
implementation of the statewide computerized voter registration 
list [service program].  The secretary shall use funds collected 
under the contracts to defray expenses incurred in implementing the 
statewide computerized voter registration list [service program].
	SECTION 7.  Effective January 1, 2006, Section 18.064, 
Election Code, is amended to read as follows:
	Sec. 18.064.  SANCTION FOR NONCOMPLIANCE.  If a registrar 
fails to substantially comply with Section 15.083 [14.025], 16.032, 
18.042, or 18.061 [18.063] or with rules adopted by the secretary of 
state implementing the statewide computerized voter registration 
list [registration service program], the registrar is not entitled 
to receive state funds for financing voter registration in the 
county.
	SECTION 8.  Effective January 1, 2006, Section 18.065(a), 
Election Code, is amended to read as follows:
	(a)  The secretary of state shall monitor each registrar for 
substantial compliance with Sections 15.083 [14.025], 16.032, 
18.042, and 18.061 [18.063] and with rules implementing the 
statewide computerized voter registration list [registration 
service program].
	SECTION 9.  Effective January 1, 2006, the heading to 
Section 18.066, Election Code, is amended to read as follows:
	Sec. 18.066.  AVAILABILITY OF STATEWIDE COMPUTERIZED VOTER 
REGISTRATION LIST [MASTER FILE] INFORMATION.
	SECTION 10.  Effective January 1, 2006, Section 18.066(a), 
Election Code, is amended to read as follows:
	(a)  The secretary of state shall furnish information in the 
statewide computerized voter registration list [state master file] 
to any person on request not later than the 15th day after the date 
the request is received.
	SECTION 11.  Effective January 1, 2006, the heading to 
Section 18.067, Election Code, is amended to read as follows:
	Sec. 18.067.  UNLAWFUL USE OF STATEWIDE COMPUTERIZED VOTER 
REGISTRATION LIST [MASTER FILE] INFORMATION.
	SECTION 12.  Section 19.004, Election Code, is amended by 
amending Subsection (a) and adding Subsection (d) to read as 
follows:
	(a)  Except as provided by Subsection (d), state [State] 
funds disbursed under this chapter may be used only to defray 
expenses of the registrar's office in connection with voter 
registration, including additional expenses related to:
		(1)  implementation of the National Voter Registration 
Act of 1993 (42 U.S.C. Section 1973gg et seq.); and
		(2)  complying with the weekly updating requirements 
prescribed by Section 18.063.
	(d)  If the secretary of state determines that federal 
matching funds are available under the federal Help America Vote 
Act of 2002, the secretary of state shall certify to the comptroller 
the amount of state funds required to qualify for the maximum amount 
of federal matching funds.  On receipt of the certification, the 
comptroller shall deposit from funds otherwise available under this 
chapter an amount equal to the certified amount in the election 
improvement fund established under Section 31.011.
	SECTION 13.  Effective September 1, 2003, Chapter 31, 
Election Code, is amended by adding Sections 31.010 and 31.011 to 
read as follows:
	Sec. 31.010.  IMPLEMENTATION OF FEDERAL HELP AMERICA VOTE 
ACT.  (a)  The secretary of state may adopt rules as necessary to 
implement the federal Help America Vote Act of 2002.
	(b)  The secretary of state shall adopt rules establishing 
state-based administrative complaint procedures to remedy 
grievances that meet the requirements of Section 402(a) of the 
federal Help America Vote Act of 2002.
	Sec. 31.011.  ELECTION IMPROVEMENT FUND.  (a)  The election 
improvement fund is created as a dedicated account in the general 
revenue fund and consists of federal funds designated for election 
improvement, matching funds from the state or a political 
subdivision, and depository interest earned on the assets of the 
fund.
	(b)  Money in the fund may be appropriated only to provide 
funding for the following purposes:
		(1)  to improve election administration at the state 
and local level;
		(2)  to make grants to local governments for the 
improvement or replacement of voting systems;
		(3)  to create a single uniform official centralized 
interactive voter registration database; and
		(4)  to comply with other election requirements of the 
federal government.
	(c)  The fund is exempt from the application of Section 
403.095, Government Code.
	SECTION 14.  Section 41.001(a), Election Code, is amended to 
read as follows:
	(a)  Except as otherwise provided by this subchapter, each 
general or special election in this state shall be held on one of 
the following dates:
		(1)  the first Saturday in February;                                          
		(2)  the third [first] Saturday in May;               
		(3)  the second Saturday in September; or                                     
		(4)  the first Tuesday after the first Monday in 
November.                  
	SECTION 15.  Section 41.0052(a), Election Code, is amended 
to read as follows:
	(a)  The governing body of a political subdivision other than 
a county may, not later than December 31, 2004 [1999], change the 
date on which it holds its general election for officers to another 
authorized uniform election date.  [An election on the new date may 
not be held before 2000.]
	SECTION 16.  Section 41.007(b), Election Code, is amended to 
read as follows:
	(b)  The runoff primary election date is the third [second] 
Tuesday in April following the general primary election.
	SECTION 17.  Section 52.008(a), Election Code, is amended to 
read as follows:
	(a)  The authority responsible for procuring the election 
supplies shall [may] have a supply of sample ballots printed.
	SECTION 18.  Section 52.074, Election Code, is amended to 
read as follows:   
	Sec. 52.074.  PROVISIONAL BALLOT [STUB] FOR CERTAIN VOTERS.  
[(a)]  The authority responsible for having the official ballot 
prepared shall have a provisional [detached] ballot [stub] prepared 
in a form approved by the secretary of state [as provided by this 
section] for use by a voter who executes an affidavit in accordance 
with Section 63.011 [63.010].
	[(b)  The ballot stub shall be in a form approved by the 
secretary of state and must include:
		[(1)  a space for entering the number matching the 
corresponding ballot number;
		[(2)  spaces for entering the designation of the nature 
of the election and the date of the election;
		[(3)  the instruction:  "Sign ballot stub, enclose in 
envelope, and give to election officer.";  and
		[(4)  a space for the voter's signature.]             
	SECTION 19.  Section 61.005, Election Code, is amended to 
read as follows:   
	Sec. 61.005.  SECURITY OF BALLOTS, BALLOT BOXES, [STUBS,] 
AND ENVELOPES.  (a)  From the time a presiding judge receives the 
official ballots for an election until the precinct returns for 
that election have been certified, the presiding judge shall take 
the precautions necessary to prevent access to the ballots, ballot 
boxes, [ballot stubs,] and [stub] envelopes used for provisional 
ballots in a manner not authorized by law.
	(b)  The ballots, ballot boxes, [ballot stubs,] and [stub] 
envelopes used for provisional ballots at a polling place shall be 
in plain view of at least one election officer from the time the 
polls open for voting until the precinct returns have been 
certified.
	(c)  A presiding election judge commits an offense if the 
judge fails to prevent another person from handling a ballot box 
containing voters' marked ballots or an envelope containing a 
voter's provisional ballot [voters' signed ballot stubs] in an 
unauthorized manner or from making an unauthorized entry into the 
ballot box or envelope.  An offense under this subsection is a Class 
A misdemeanor.
	SECTION 20.  Subchapter A, Chapter 61, Election Code, is 
amended by adding Section 61.012 to read as follows:
	Sec. 61.012.  ACCESS BY PERSONS WITH DISABILITIES.  (a)  Not 
later than January 1, 2006, each polling place must provide at least 
one voting station that:
		(1)  complies with Section 504 of the federal 
Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its 
subsequent amendments and Title II of the federal Americans with 
Disabilities Act (42 U.S.C. Section 12131 et seq.) and its 
subsequent amendments;  and
		(2)  provides a practical and effective means for 
voters with physical disabilities to cast a secret ballot.
	(b)  Subsection (a) applies only to a polling place that uses 
an electronic voting system unless the secretary of state certifies 
that federal law requires the application of Subsection (a) to all 
forms of voting at a polling place.
	SECTION 21.  Section 62.006, Election Code, is amended to 
read as follows:   
	Sec. 62.006.  PLACING BOX [AND ENVELOPE] FOR DEPOSIT OF 
MARKED BALLOTS [AND STUBS].  The ballot box to be used by the voters 
to deposit marked ballots shall be locked.  The ballot box and the 
box used for the deposit of provisional ballots [envelope no. 5] 
shall be placed where they will be in plain view of the election 
officers, watchers, and persons waiting to vote.
	SECTION 22.  Section 62.009(c), Election Code, is amended to 
read as follows:
	(c)  The provisional ballots [with stubs] shall be placed 
separately from the regular ballots.
	SECTION 23.  Section 62.011, Election Code, is amended by 
amending Subsections (b) and (c) and adding Subsection (d) to read 
as follows:
	(b)  The secretary of state shall prescribe the form and 
content of the instruction poster.  If it is not practical to fit 
all of the information required by this section on a single poster, 
the secretary of state may provide for the use of two or more 
posters to convey the information.
	(c)  The poster must include instructions applicable to the 
election on:     
		(1)  marking and depositing the ballot;                                       
		(2)  voting for a write-in candidate;                                         
		(3)  casting a straight-party vote;                                           
		(4)  casting a provisional ballot;                                     
		(5)  until the expiration of Section 13.122(d), voting 
for the first time by a person who registered by mail; and
		(6) [(4)]  securing an additional ballot if the voter's 
original ballot is spoiled.
	(d)  The poster must also include the following information:            
		(1)  the date of the election and the hours during which 
the polling place is open;
		(2)  general information on voting rights under state 
and federal laws, including information on the right of an 
individual to cast a provisional ballot and the individuals to 
contact if a person believes these rights have been violated; and
		(3)  general information on state and federal laws that 
prohibit acts of fraud or misrepresentation.
	SECTION 24.  Section 62.012, Election Code, is amended to 
read as follows:   
	Sec. 62.012.  POSTING SAMPLE BALLOT.  An [If sample ballots 
are provided for a polling place, an] election officer shall post a 
sample ballot in one or more locations in the polling place where it 
can be read by persons waiting to vote.
	SECTION 25.  Section 63.008, Election Code, is amended to 
read as follows:   
	Sec. 63.008.  VOTER WITHOUT CERTIFICATE WHO IS ON LIST.  (a)  
A voter who does not present a voter registration certificate when 
offering to vote, but whose name is on the list of registered voters 
for the precinct in which the voter is offering to vote, shall be 
accepted for voting if the voter executes an affidavit stating that 
the voter does not have the voter's voter registration certificate 
in the voter's possession at the polling place at the time of 
offering to vote and[:
		[(1)]  the voter presents proof of identification in a 
form described by Section 63.0101[;  or
		[(2)  the affidavit is also signed by a person who is 
working at the polling place and who attests to the identity of the 
voter].
	(b)  If the requirements prescribed by Subsection (a) are not 
met, the voter may [not] be accepted for provisional voting only 
under Section 63.011[, and an election officer shall indicate 
beside the voter's name on the list of registered voters that the 
voter was rejected under this section].
	SECTION 26.  Section 63.009, Election Code, is amended to 
read as follows:   
	Sec. 63.009.  VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.  
(a)  Except as provided by Subsection (b), a voter who does not 
present a voter registration certificate when offering to vote, and 
whose name is not on the list of registered voters for the precinct 
in which the voter is offering to vote, shall be accepted for 
provisional voting if the voter [presents proof of identification 
and] executes an affidavit in accordance with Section 63.011
[63.010].
	(b)  If an election officer can determine from the voter 
registrar that the person is a registered voter of the county and 
the person presents proof of identification, the affidavits 
required by Sections 63.007 and 63.008 are substituted for the 
affidavit required by Section 63.011 [63.010] in complying with 
that section.  After the voter is accepted under this subsection, an 
election officer shall also indicate beside the voter's name on the 
poll list that the voter was accepted under this section.
	SECTION 27.  Section 63.0101, Election Code, is amended to 
read as follows:  
	Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.  
The following documentation is acceptable as proof of 
identification under this chapter:
		(1)  a driver's license or personal identification card 
issued to the person by the Department of Public Safety or a similar 
document issued to the person by an agency of another state, 
regardless of whether the license or card has expired;
		(2)  a form of identification containing the person's 
photograph that establishes the person's identity;
		(3)  a birth certificate or other document confirming 
birth that is admissible in a court of law and establishes the 
person's identity;
		(4)  United States citizenship papers issued to the 
person;                 
		(5)  a United States passport issued to the person;                           
		(6)  [pre-printed checks containing the person's name 
that are issued for a financial institution doing business in this 
state;
		[(7)]  official mail addressed to the person by name 
from a governmental entity;
		(7)  a copy of a current utility bill, bank statement, 
government check, paycheck, or other government document that shows 
the name and address of the voter [(8) two other forms of 
identification that establish the person's identity]; or
		(8) [(9)]  any other form of identification prescribed 
by the secretary of state.
	SECTION 28.  Chapter 63, Election Code, is amended by adding 
Section 63.011 to read as follows:
	Sec. 63.011.  PROVISIONAL VOTING.  (a)  A person to whom 
Section 63.008(b) or 63.009(a) applies may cast a provisional 
ballot if the person executes an affidavit stating that the person:
		(1)  is a registered voter in the precinct in which the 
person seeks to vote; and
		(2)  is eligible to vote in the election.                              
	(b)  A form for the affidavit shall be printed on an envelope 
in which the provisional ballot voted by the person may be placed 
and must include a space for entering the identification number of 
the provisional ballot voted by the person.  The affidavit form may 
include space for disclosure of any necessary information to enable 
the person to register to vote under Chapter 13.  The secretary of 
state shall prescribe the form of the affidavit under this section.
	(c)  After executing the affidavit, the person shall be given 
a provisional ballot for the election.  An election officer shall 
record the number of the ballot on the space provided on the 
affidavit.
	(d)  An election officer shall enter "provisional vote" on 
the poll list beside the name of each voter who is accepted for 
voting under this section.
	(e)  A person who is permitted under a state or federal court 
order to cast a ballot in an election for a federal office after the 
time allowed by Subchapter B, Chapter 41, must cast the ballot as a 
provisional vote in the manner required by this section.
	SECTION 29.  Section 63.012(a), Election Code, is amended to 
read as follows:
	(a)  An election officer commits an offense if the officer 
knowingly:        
		(1)  permits an ineligible voter to vote other than as 
provided by Section 63.011 [without having been challenged]; or
		(2)  refuses to accept a person for voting whose 
acceptance is required by this code.
	SECTION 30.  Section 64.001, Election Code, is amended to 
read as follows:   
	Sec. 64.001.  VOTER TO SELECT AND PREPARE BALLOT[; DEPOSIT 
OF STUB].  (a)  After a voter is accepted for voting, the voter shall 
select a ballot, go to a voting station, and prepare the ballot[, 
except as provided by Subsection (b)].
	(b)  A voter who executes an affidavit in accordance with 
Section 63.011 [63.010] shall select a provisional ballot [with a 
stub and, before going to a voting station:
		[(1)  unclip the stub and envelope from the ballot;          
		[(2)  sign the stub and enclose it in the envelope; and      
		[(3)  seal the envelope and give it to an election 
officer.
	[(c) The election officer shall deposit the ballot stub 
enclosed in its envelope in envelope no. 5].
	SECTION 31.  Section 64.008, Election Code, is amended to 
read as follows:   
	Sec. 64.008.  DEPOSITING BALLOT.  (a)  Except as provided by 
Subsection (b), after [After] a voter has marked the ballot, the 
voter shall fold the ballot to conceal the way it is marked but to 
expose the presiding judge's signature, and shall deposit it in the 
ballot box used for the deposit of marked ballots.
	(b)  After a voter has marked  a provisional ballot, the 
voter shall enclose the ballot in the envelope on which the voter's 
executed affidavit is printed.  The person shall seal the envelope 
and deposit it in a box available for the deposit of provisional 
ballots.
	(c)  At the time a person casts a provisional ballot under 
Subsection (b), an election officer shall give the person written 
information describing how the person may use the free access 
system established under Section 65.059 to obtain information on 
the disposition of the person's vote.
	SECTION 32.  Sections 65.001-65.015, Election Code, are 
designated as Subchapter A, Chapter 65, Election Code, and a 
heading is added to that subchapter to read as follows:
SUBCHAPTER A. COUNTING VOTES GENERALLY
	SECTION 33.  Section 65.009, Election Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  The intent of the voter in marking a ballot may be 
determined by:
		(1)  a distinguishing mark adjacent to the name of a 
candidate or political party or a voting choice associated with a 
proposition;
		(2)  an oval, box, or similar marking clearly drawn 
around the name of a candidate or political party or a voting choice 
associated with a proposition;
		(3)  a line drawn through:                                             
			(A)  the names of all candidates in a manner that 
indicates a preference for the candidates not marked if the names of 
the candidates not marked do not exceed the number of persons that 
may be elected to that office;
			(B)  the name of each political party except one 
in a manner that clearly indicates a preference for the political 
party not marked; or
			(C)  a voting choice associated with a proposition 
in a manner that clearly indicates a preference for the other voting 
choice associated with the proposition; or
		(4)  any other evidence that clearly indicates the 
intent of the voter in choosing a candidate or political party or 
deciding on a proposition.
	SECTION 34.  Section 65.010(a), Election Code, is amended to 
read as follows:
	(a)  The following ballots may not be counted:                                 
		(1)  a ballot that is not provided to the voter at the 
polling place;       
		(2)  two or more ballots that are folded together in a 
manner indicating that they were folded together when deposited in 
the ballot box;
		(3)  a write-in envelope containing a write-in vote 
without an attached ballot;
		(4)  a ballot that has not been deposited in the ballot 
box used for the deposit of marked ballots; or
		(5)  a provisional ballot that is not accepted under 
Subchapter B [with an unsigned stub].
	SECTION 35.  Chapter 65, Election Code, is amended by adding 
Subchapter B to read as follows:
SUBCHAPTER B.  VERIFICATION AND COUNTING OF PROVISIONAL BALLOTS
	Sec. 65.051.  DUTY OF EARLY VOTING BALLOT BOARD.  (a)  The 
early voting ballot board shall verify and count provisional 
ballots as provided by this subchapter not later than the seventh 
day after the date of an election.
	(b)  Except as provided by this subchapter, the conduct of 
the board is governed by the same procedures as are provided by 
Chapter 87.
	Sec. 65.052.  DUTY OF VOTER REGISTRAR.  The secretary of 
state shall prescribe procedures by which the voter registrar of 
the county in which a provisional ballot is cast shall provide 
assistance to the early voting ballot board in executing its 
authority under this subchapter.
	Sec. 65.053.  DELIVERY OF PROVISIONAL BALLOTS.  The 
presiding judge of an election precinct shall deliver in person to 
the general custodian of election records the box containing each 
envelope containing a provisional ballot that was cast in the 
precinct.  The secretary of state shall prescribe procedures by 
which the early voting ballot board may have access to the 
provisional ballots as necessary to implement this subchapter.
	Sec. 65.054.  ACCEPTING PROVISIONAL BALLOT.  (a)  The early 
voting ballot board shall examine each affidavit executed under 
Section 63.011 and determine whether to accept the provisional 
ballot of the voter who executed the affidavit.
	(b)  A provisional ballot may be accepted only if the board 
determines that, from the information in the affidavit or contained 
in public records, the person is eligible to vote in the election.
	(c)  If a provisional ballot is accepted, the board shall 
enter the voter's name on a list of voters whose provisional ballots 
are accepted.
	(d)  If a provisional ballot is rejected, the board shall 
indicate the rejection by marking "rejected" on the envelope 
containing the provisional ballot.
	Sec. 65.055.  DISPOSITION OF ACCEPTED PROVISIONAL BALLOT AND 
AFFIDAVIT.  (a)  The early voting ballot board shall open each 
envelope containing an accepted provisional ballot without 
defacing the affidavit located on the outside of the envelope and 
shall remove the ballot.
	(b)  The board shall place the ballot in a ballot box 
containing all the provisional ballots accepted for voting in the 
election.
	(c)  For each accepted provisional ballot, the board shall 
place the corresponding envelope on which is printed the voter's 
affidavit executed under Section 63.011 in a sealed envelope and 
shall deliver the envelope to the general custodian of election 
records, to be retained for the period for preserving precinct 
election returns.
	Sec. 65.056.  DISPOSITION OF REJECTED PROVISIONAL BALLOT.  
(a)  If the affidavit on the envelope of a rejected provisional 
ballot contains the information necessary to enable the person to 
register to vote under Chapter 13, the voter registrar shall make a 
copy of the affidavit under procedures prescribed by the secretary 
of state.  The voter registrar shall treat the copy as an 
application for registration under Chapter 13.
	(b)  The early voting ballot board shall place the envelopes 
containing rejected provisional ballots in an envelope and shall 
seal the envelope.  More than one envelope may be used if necessary.
	(c)  The envelope for the rejected provisional ballots must 
indicate the date and identity of the election, be labeled 
"rejected provisional ballots," and be signed by the board's 
presiding judge.
	(d)  A board member shall deliver the envelope containing the 
rejected provisional ballots to the general custodian of election 
records to be preserved for the period for preserving the precinct 
election records.  The envelope may not be placed in the box 
containing the accepted provisional ballots.
	Sec. 65.057.  PROCESSING ACCEPTED PROVISIONAL BALLOTS.  (a)  
The early voting ballot board shall count accepted provisional 
ballots as follows:
		(1)  for ballots to be counted manually, in the manner 
provided by Subchapter D, Chapter 87;
		(2)  for ballots to be counted by automatic tabulating 
equipment at a central counting station, in the manner provided by 
Subchapter F, Chapter 87; and
		(3)  for ballots to be counted by any other means, in 
the manner provided by rules adopted by the secretary of state.
	(b)  On counting the ballots under this section, the board 
shall report the results to the local canvassing authority for the 
election.
	Sec. 65.058.  PRESERVATION OF PROVISIONAL VOTING RECORDS 
GENERALLY.  The returns of provisional ballots that are accepted, 
the accepted ballots, and other provisional voting records shall be 
preserved after the election in the same manner as the 
corresponding precinct election returns.
	Sec. 65.059.  NOTICE TO PROVISIONAL VOTER.  The secretary of 
state shall prescribe procedures to implement a system to allow a 
person who casts a provisional ballot under Section 63.011 to 
obtain access free of charge to information on the disposition of 
the person's ballot.  The system:
		(1)  must allow the person to determine whether the 
person's ballot was counted, and, if the person's ballot was not 
accepted, must indicate the reason why;
		(2)  must provide the information only to the person 
who cast the provisional ballot; and
		(3)  may involve the use of a toll-free telephone 
number or the Internet.
	SECTION 36.  Section 66.003, Election Code, is amended to 
read as follows:   
	Sec. 66.003.  ENVELOPES FOR DISTRIBUTION OF RECORDS.  (a)  
Four [Five] envelopes shall be furnished to each polling place for 
use in assembling and distributing the precinct election records.
	(b)  The envelopes shall be labeled and addressed as follows:                  
		(1)  "Envelope No. 1," addressed to the presiding 
officer of the local canvassing authority;
		(2)  "Envelope No. 2," addressed to the general 
custodian of election records;
		(3)  "Envelope No. 3," addressed to the presiding 
judge; and         
		(4)  "Envelope No. 4," addressed to the voter 
registrar[; and
		[(5)  "Envelope No. 5," addressed to the general 
custodian of election records].
	SECTION 37.  Section 66.021(b), Election Code, is amended to 
read as follows:
	(b)  The judge shall seal envelopes no. 1, no. 2, and no. 4[, 
and no. 5] and lock ballot boxes no. 3 and no. 4 as soon as they are 
ready for distribution.
	SECTION 38.  Section 66.0241, Election Code, is amended to 
read as follows:  
	Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4 
must contain:     
		(1)  the precinct list of registered voters;                                  
		(2)  the registration correction list;                                        
		(3)  the registration omissions list;                                         
		(4)  any statements of residence executed under Section 
63.0011;  and       
		(5)  any affidavits executed under Section 63.007 or 
63.011 [63.010].
	SECTION 39.  Section 66.051(b), Election Code, is amended to 
read as follows:
	(b)  The presiding judge shall deliver envelope no. 2, 
[envelope no. 5,] ballot box no. 3, and ballot box no. 4 and its key 
in person to the general custodian of election records.
	SECTION 40.  Sections 66.058(b), (c), and (d), Election 
Code, are amended to read as follows:
	(b)  The voted ballots [and ballot stubs] shall be preserved 
securely in a locked room in the locked ballot box [or sealed 
envelope, as applicable,] in which they are delivered to the 
general custodian of election records.  Except as permitted by this 
code, a ballot box containing voted ballots [or an envelope 
containing ballot stubs] may not be opened during the preservation 
period.
	(c)  If during the preservation period an authorized entry is 
made into a ballot box containing voted ballots [or an envelope 
containing ballot stubs], when the purpose for the entry is 
fulfilled, the box [or envelope] shall be relocked [or resealed, as 
applicable], and the box and key [or envelope] returned to the 
custodian.
	(d)  A custodian of a ballot box containing voted ballots [or 
an envelope containing ballot stubs] commits an offense if, during 
the preservation period prescribed by Subsection (a), the 
custodian:
		(1)  makes an unauthorized entry into the box [or 
envelope]; or
		(2)  fails to prevent another person from handling the 
box [or envelope] in an unauthorized manner or from making an 
unauthorized entry into the box [or envelope].
	SECTION 41.  Section 66.059, Election Code, is amended to 
read as follows:   
	Sec. 66.059.  RETRIEVING ERRONEOUSLY PLACED ELECTION 
RECORDS.  (a)  On written application by the presiding officer of 
the local canvassing authority or the presiding judge of the 
election precinct, a district judge of the county in which a ballot 
box containing voted ballots [or an envelope containing ballot 
stubs] is in custody may order the box [or envelope] opened to 
retrieve an election record that was erroneously placed in the box 
[or envelope].
	(b)  The district judge shall post a notice of the date, 
hour, and place for opening the box [or envelope] on the bulletin 
board used for posting notices of the meetings of the governing body 
of the political subdivision served by the general custodian of 
election records.  The notice must remain posted continuously for 
the 24 hours immediately preceding the hour set for opening the box 
[or envelope].
	(c)  Any interested person may observe the opening of the box 
[or envelope].
	(d)  The district judge shall issue the orders necessary to 
safeguard the contents of a ballot box [or envelope] opened under 
this section.
	SECTION 42.  Section 67.003, Election Code, is amended to 
read as follows:   
	Sec. 67.003.  TIME FOR LOCAL CANVASS.  Each local canvassing 
authority shall convene to conduct the local canvass at the time set 
by the canvassing authority's presiding officer:
		(1)  on the eighth [seventh] day after election day for 
the general election for state and county officers; or
		(2)  not earlier than the eighth [third] day or later 
than the 11th [sixth] day after election day for an election other 
than the general election for state and county officers.
	SECTION 43.  Section 86.002, Election Code, is amended by 
adding Subsection (f) to read as follows:
	(f)  For an election for a federal office, if the list of 
registered voters indicates that the voter did not provide a copy of 
a document described by Section 63.0101 establishing the voter's 
identity at the time of initial registration by mail, the clerk 
shall provide with the balloting materials notice to the voter that 
the voter must provide a copy of a document described by Section 
63.0101 establishing the voter's identity when returning the 
ballot.  The secretary of state shall prescribe the form of the 
notice.  This subsection expires on the earlier of:
		(1)  January 1, 2006; or                                               
		(2)  the date the secretary of state certifies that the 
statewide computerized voter registration list has been 
implemented.
	SECTION 44.  Section 86.005, Election Code, is amended by 
adding Subsection (f) to read  as follows:
	(f)  If the voter is required to provide a copy of a document 
described by Section 63.0101 establishing the voter's identity, the 
voter shall include the copy in the official carrier envelope.  This 
subsection expires on the expiration of Section 86.002(f).
	SECTION 45.  Subchapter C, Chapter 87, Election Code, is 
amended by adding Section 87.0411 to read as follows:
	Sec. 87.0411.  ACCEPTANCE OF NEW VOTER IN ELECTION FOR 
FEDERAL OFFICE.  (a)  A ballot for which notice was provided under 
Section 86.002(f) may be accepted only if:
		(1)  the voter provided the required documentation of 
the voter's identity; or
		(2)  the early voting ballot board determines that the 
person is eligible to vote.
	(b)  This section expires on the expiration of Section 
86.002(f).     
	SECTION 46.  Section 101.005(c), Election Code, is amended  
to read as follows:
	(c)  An application shall be treated as if it requests a 
ballot for:  
		(1)  a runoff election that results from an election 
for which a ballot is requested; and
		(2)  each election for a federal office, including a 
primary or runoff election, that occurs on or before the date of the 
second general election for state and county officers that occurs 
after the date the application is submitted.
	SECTION 47.  Section 101.006(a), Election Code, is amended 
to read as follows:
	(a)  The submission of a federal postcard application that 
complies with the applicable requirements by an unregistered 
applicant constitutes registration by the applicant only for the 
purpose of voting in the election for which a ballot is requested 
and each election for a federal office that occurs on or before the 
date of the second general election for state and county officers 
that occurs after the date the application is submitted.
	SECTION 48.  Chapter 101, Election Code, is amended by 
adding Section 101.013 to read as follows:
	Sec. 101.013.  DESIGNATION OF  SECRETARY OF STATE.  The 
secretary of state is designated as the state office to provide 
information regarding voter registration procedures and absentee 
ballot procedures, including procedures related to the federal 
write-in absentee ballot, to be used by persons eligible to vote 
under the federal Uniformed and Overseas Citizens Absentee Voting 
Act (42 U.S.C. Section 1973ff et seq.), as amended.
	SECTION 49.  Section 122.001, Election Code, is amended by 
amending Subsection (a) and adding Subsections (d) and (e) to read 
as follows:
	(a)  A voting system may not be used in an election unless the 
system:       
		(1)  preserves the secrecy of the ballot;                                     
		(2)  is suitable for the purpose for which it is 
intended;                  
		(3)  operates safely, efficiently, and accurately and 
complies with the error rate standards of the voting system 
standards adopted by the Federal Election Commission;
		(4)  is safe from fraudulent or unauthorized 
manipulation;                  
		(5)  permits voting on all offices and measures to be 
voted on at the election;
		(6)  prevents counting votes on offices and measures on 
which the voter is not entitled to vote;
		(7)  prevents counting votes by the same voter for more 
than one candidate for the same office or, in elections in which a 
voter is entitled to vote for more than one candidate for the same 
office, prevents counting votes for more than the number of 
candidates for which the voter is entitled to vote;
		(8)  prevents counting a vote on the same office or 
measure more than once; 
		(9)  permits write-in voting;                                                 
		(10)  is capable of permitting straight-party voting; 
and                   
		(11)  is capable of providing records from which the 
operation of the voting system may be audited.
	(d)  Effective January 1, 2006, a voting system may not be 
used in an election if the system uses:
		(1)  mechanical voting machines; or                                    
		(2)  a punch-card ballot or similar form of tabulating 
card.         
	(e)  For an election for federal office in which a state or 
federal court order has extended the time for voting beyond the time 
allowed by Subchapter B, Chapter 41, a voting system must provide a 
separate count of the votes cast after the time allowed by that 
subchapter.
	SECTION 50.  Section 124.006, Election Code, is amended to 
read as follows:  
	Sec. 124.006.  IMPLEMENTATION OF PROVISIONAL BALLOT [STUB] 
SYSTEM.  The secretary of state shall prescribe the form of a 
provisional ballot [stub and ballot for use with a stub] and the 
necessary procedures to implement the casting of a provisional 
ballot as described by Section 63.011 and the verification and 
processing of provisional ballots under Subchapter B, Chapter 65, 
for [ballot stub system prescribed by Section 52.074 for use with] 
each voting system used in this state.
	SECTION 51.  Section 127.130, Election Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  In any manual count conducted under this code, an 
irregularly marked vote on a ballot on which a voter indicates a 
vote by making a mark on the ballot is considered in the same manner 
as provided by Section 65.009.
	SECTION 52.  Section 172.116(b), Election Code, is amended 
to read as follows:
	(b)  The committee shall convene to conduct the local canvass 
at the county seat not earlier than 6 p.m. on the second [first] 
Thursday or later than 1 p.m. on the second [first] Friday after 
election day at the hour specified by the county chair.
	SECTION 53.  Sections 203.012(a) and (b), Election Code, are 
amended to read as follows:
	(a)  The commissioners court shall convene to conduct the 
local canvass not later than the 10th [third] day after election 
day.
	(b)  The governor shall conduct the state canvass not later 
than the 14th [seventh] day after election day.
	SECTION 54.  Section 213.007(a), Election Code, is amended 
to read as follows:
	(a)  On presentation by a recount committee chair of a 
written order signed by the recount supervisor, the custodian of 
voted ballots, voting machines or test materials or programs used 
in counting electronic voting system ballots shall make the 
ballots, machines, or materials or programs, including the records 
from which the operation of the voting system may be audited,
available to the committee.
	SECTION 55.  Section 221.008, Election Code, is amended to 
read as follows:  
	Sec. 221.008.  EXAMINATION OF SECURED BALLOTS AND EQUIPMENT.  
A tribunal hearing an election contest may cause secured ballot 
boxes, [envelopes,] voting machines, voting devices, or other 
equipment used in the election to be unsecured to determine the 
correct vote count or any other fact that the tribunal considers 
pertinent to a fair and just disposition of the contest.
	SECTION 56.  Sections 273.041, 273.042, and 273.043, 
Election Code, are amended to read as follows:
	Sec. 273.041.  REQUEST TO EXAMINE BALLOTS.  In the 
investigation of criminal conduct in connection with an election, a 
grand jury, on finding probable cause to believe an offense was 
committed, may request a district judge of the county served by the 
grand jury to order an examination of the voted ballots [and the 
ballot stubs] in the election.
	Sec. 273.042.  ORDER BY DISTRICT JUDGE.  On request of a 
grand jury for an examination of voted ballots [and ballot stubs], a 
district judge may order the custodian of the ballots [and ballot 
stubs] and the custodian of the keys to the ballot boxes to deliver 
the ballot boxes and the [,] keys[, and envelopes] to the grand 
jury.
	Sec. 273.043.  CONDUCT OF EXAMINATION.  The examination of 
ballots [and ballot stubs] under this subchapter shall be conducted 
in secret before the grand jury.
	SECTION 57.  (a)  Sections 62.0081, 63.010, 65.005(d), 
66.0242, and 66.058(h) and Chapter 88, Election Code, are repealed.
	(b)  Effective January 1, 2006, Sections 18.062, 18.063, and 
122.0011, Election Code, are repealed.
	SECTION 58.  Except as otherwise provided by this Act, this 
Act takes effect January 1, 2004.
______________________________                ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 1549 was passed by the House on April 
24, 2003, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1549 on May 28, 2003, by a non-record 
vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	
I certify that H.B. No. 1549 was passed by the Senate, with 
amendments, on May 27, 2003, by the following vote:  Yeas 31, Nays 
0.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
         __________________                                              
 
              Governor