79R2445 JRJ-D

By:  Nixon                                                        H.B. No. 1293



A BILL TO BE ENTITLED

AN ACT

relating to requiring a voter to present proof of identification.             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 63.001(b) and (d), Election Code, are 
amended to read as follows:
	(b)  On offering to vote, a voter must present to an election 
officer at the polling place the voter's voter registration 
certificate and either:
		(1)  one form of identification approved by the 
secretary of state that contains the person's photograph; or
		(2)  two different forms of identification listed in 
Section 63.0101 that do not contain the person's photograph [to an 
election officer at the polling place].
	(d)  If the voter's name is on the precinct list of 
registered voters and the voter's identity can be verified from the 
proof presented, the voter shall be accepted for voting.
	SECTION 2.  Section 63.006(a), Election Code, is amended to 
read as follows: 
	(a)  A voter who, when offering to vote, presents a voter 
registration certificate indicating that the voter is currently 
registered in the precinct in which the voter is offering to vote, 
but whose name is not on the precinct list of registered voters, 
shall be accepted for voting if the voter's identity can be verified 
from the proof presented.
	SECTION 3.  Section 63.007(a), Election Code, is amended to 
read as follows: 
	(a)  A voter who, when offering to vote, presents a voter 
registration certificate indicating that the voter is currently 
registered in a different precinct from the one in which the voter 
is offering to vote, and whose name is not on the precinct list of 
registered voters, shall be accepted for voting if the voter's 
identity can be verified from the proof presented and the voter 
executes an affidavit stating that the voter:
		(1)  is a resident of the precinct in which the voter is 
offering to vote or is otherwise entitled by law to vote in that 
precinct;
		(2)  was a resident of the precinct in which the voter 
is offering to vote at the time that information on the voter's 
residence address was last provided to the voter registrar;
		(3)  did not deliberately provide false information to 
secure registration in a precinct in which the voter does not 
reside; and
		(4)  is voting only once in the election.                                     
	SECTION 4.  Section 63.008(a), Election Code, is amended to 
read as follows: 
	(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 the voter's identity can 
be verified from the proof presented [voter presents proof of 
identification in a form described by Section 63.0101].
	SECTION 5.  This Act takes effect September 1, 2005.