79R1221 MCK-D
By: Guillen H.B. No. 494
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an address confidentiality program to
assist victims of family violence or stalking in maintaining
confidential addresses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 56, Code of Criminal Procedure, is
amended by adding Subchapter C to read as follows:
SUBCHAPTER C. ADDRESS CONFIDENTIALITY PROGRAM FOR
VICTIMS OF FAMILY VIOLENCE OR STALKING
Art. 56.91. DEFINITIONS. In this subchapter:
(1) "Applicant" means a person who applies to
participate in the program.
(2) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(3) "Family violence shelter center" has the meaning
assigned by Section 51.002, Human Resources Code.
(4) "Participant" means an applicant who is accepted
for participation in the program.
(5) "Program" means the address confidentiality
program created under this subchapter.
Art. 56.92. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
secretary of state shall establish an address confidentiality
program, as provided by this subchapter, to assist a victim of
family violence or an offense under Section 42.072, Penal Code, in
maintaining a confidential address.
(b) The secretary of state shall:
(1) designate a substitute address that a participant
may use in place of the participant's true residential, business,
or school address;
(2) act as agent to receive service of process and mail
for the participant; and
(3) forward to the participant mail received for the
participant.
(c) A participant's true residential, business, or school
address is confidential, except as provided by Article 56.96.
Art. 56.93. ELIGIBILITY TO PARTICIPATE IN PROGRAM. (a) To
be eligible to participate in the program, an applicant must:
(1) file an application for participation with the
secretary of state or a state or local agency designated by the
secretary of state under Article 56.97;
(2) designate the secretary of state as agent to
receive service of process and mail for the applicant; and
(3) live at a residential address, or relocate to a
residential address, that is unknown to the person who committed or
is alleged to have committed the family violence or an offense under
Section 42.072, Penal Code.
(b) An application under Subsection (a)(1) must contain:
(1) a signed, sworn statement by the applicant that:
(A) the applicant, the applicant's child, or
other person on whose behalf the application is made:
(i) is a victim of an offense involving
family violence or an offense under Section 42.072, Penal Code, and
the person who committed or is alleged to have committed the offense
has been convicted of the offense;
(ii) is protected by an order issued under
Section 6.504 or Chapter 85, Family Code, under Article 17.292 of
this code, or by another jurisdiction as provided by Chapter 88,
Family Code; or
(iii) has stayed overnight at a family
violence shelter center at least three times during the year
preceding the date of application; and
(B) the applicant fears for the safety of the
applicant, the applicant's child, or other person because of a
threat of immediate or future harm caused by the person who
committed or is alleged to have committed the family violence or an
offense under Section 42.072, Penal Code; and
(2) the applicant's true residential address, and if
applicable, the applicant's business and school addresses.
(c) An applicant is not required under Subsection
(b)(1)(A)(ii) or (iii) to prove the commission of a criminal
offense to be eligible for participation in the program. It is
sufficient that the applicant make a signed, sworn statement as
described by Subsection (b)(1).
(d) The secretary of state by rule may establish additional
eligibility requirements for participation in the program that are
consistent with the purpose of the program as stated in Article
56.92(a).
Art. 56.94. INELIGIBILITY AND EXCLUSION. An applicant is
ineligible for, and a participant may be excluded from,
participation in the program if the applicant or participant
knowingly makes a false statement on an application filed under
Article 56.93(a)(1).
Art. 56.95. ACCEPTANCE OF SUBSTITUTE ADDRESS; EXEMPTIONS.
(a) Except as provided by Subsection (b), a state or local agency
must accept the substitute address designated by the secretary of
state if the substitute address is presented to the agency by a
participant as the participant's true residential, business, or
school address.
(b) The secretary of state by rule may permit an agency to
require a participant to provide the participant's true
residential, business, or school address, if necessary for the
agency to perform a duty or function that is imposed by law.
Art. 56.96. EXCEPTIONS. Notwithstanding Article 56.92(c),
the secretary of state:
(1) shall disclose a participant's true residential,
business, or school address if:
(A) requested by a law enforcement agency; or
(B) required by court order; and
(2) may disclose a participant's true residential,
business, or school address to the extent necessary to administer
the program.
Art. 56.97. AGENCY ASSISTANCE. The secretary of state shall
identify state and local agencies that provide services to victims
of family violence and require the identified agencies to provide
access to the program, including making program information and
application materials available and providing assistance in
completing program applications.
Art. 56.98. RULES. The secretary of state shall adopt rules
necessary to administer the program.
SECTION 2. 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 or
substitute address, if required by Section 18.0051, date of birth,
and registration number as provided by the statewide computerized
voter registration list;
(2) be arranged alphabetically by voter name;
(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 3. Subchapter A, Chapter 18, Election Code, is
amended by adding Section 18.0051 to read as follows:
Sec. 18.0051. CONTENTS OF LIST: SUBSTITUTE ADDRESS. An
original or supplemental list of registered voters must contain a
voter's substitute address designated by the secretary of state
under Article 56.92(b), Code of Criminal Procedure, for use by the
voter in place of the voter's true residential, business, or school
address if the voter is eligible for early voting by mail under
Section 82.006 and has submitted an early voting ballot application
as required by Section 84.0021.
SECTION 4. Chapter 82, Election Code, is amended by adding
Section 82.006 to read as follows:
Sec. 82.006. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. A qualified voter is eligible for early voting by mail if,
at the time the voter's early voting ballot application is
submitted, the voter is accepted for participation in the address
confidentiality program administered by the secretary of state
under Chapter 56, Code of Criminal Procedure.
SECTION 5. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0021 to read as follows:
Sec. 84.0021. CONTENTS OF APPLICATION FOR PARTICIPANT IN
ADDRESS CONFIDENTIALITY PROGRAM; CONFIDENTIAL INFORMATION. (a) An
early voting ballot application submitted by a qualified voter who
is eligible for early voting by mail under Section 82.006 must
include:
(1) the applicant's name and address at which the
applicant is registered to vote;
(2) the substitute address designated by the secretary
of state under Article 56.92(b), Code of Criminal Procedure, for
use by the voter in place of the voter's true residential, business,
or school address; and
(3) an indication of each election for which the
applicant is applying for a ballot.
(b) The information contained in an application under this
section relating to the address at which the applicant is
registered to vote is confidential, except that the information
must be disclosed if:
(1) requested by a law enforcement agency; or
(2) required by court order.
SECTION 6. Chapter 221, Election Code, is amended by adding
Section 221.018 to read as follows:
Sec. 221.018. EXAMINATION OF CERTAIN CONFIDENTIAL
INFORMATION. (a) Notwithstanding Section 84.0021(b), the tribunal
hearing an election contest may examine the information contained
in an application under Section 84.0021 relating to the address at
which the applicant is registered to vote.
(b) Information may be examined under this section only for
the purpose of hearing an election contest.
SECTION 7. The secretary of state shall establish an
address confidentiality program and adopt rules to administer the
program as required by Subchapter C, Chapter 56, Code of Criminal
Procedure, as added by this Act, not later than June 1, 2006.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.