79R8312 JRJ-F
By: Denny H.B. No. 1706
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. Section 63.001, Election Code, is amended by
amending Subsections (b), (c), (d), and (f) and adding Subsection
(g) 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 listed in Section
63.0101(a); or
(2) two different forms of identification listed in
Section 63.0101(b) [to an election officer at the polling place].
(c) On presentation of the documentation required by
Subsection (b) [a registration certificate], an election officer
shall determine whether the voter's name on the registration
certificate is on the list of registered voters for the precinct.
(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.
(f) After determining whether to accept a voter, an election
officer shall return the voter's documentation [registration
certificate] to the voter.
(g) If the requirements for identification prescribed by
Subsection (b) are not met, the voter may be accepted for
provisional voting only under Section 63.011.
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. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
(a) The following documentation is an acceptable form [as proof] of
photo identification under this chapter:
(1) a driver's license or personal identification card
issued to the person by the Department of Public Safety that has not
expired or that expired no earlier than two years before the date of
presentation [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 United States military identification card that
contains the person's photograph [form of identification
containing the person's photograph that establishes the person's
identity];
(3) a valid employee identification card that contains
the person's photograph and is issued by an employer of the person
in the ordinary course of the employer's business [birth
certificate or other document confirming birth that is admissible
in a court of law and establishes the person's identity];
(4) a United States citizenship certificate [papers]
issued to the person that contains the person's photograph;
(5) a United States passport issued to the person;
(6) a student identification card issued by a public
or private institution of higher education located in Texas that
contains the person's photograph [official mail addressed to the
person by name from a governmental entity]; or
(7) a license to carry a concealed handgun issued to
the person by the Department of Public Safety.
(b) The following documentation is acceptable as proof of
identification under this chapter:
(1) 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;
(2) official mail addressed to the person by name from
a governmental entity;
(3) a certified copy of 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) an original or certified copy of the person's
marriage license or divorce decree;
(6) court records of the person's adoption, name
change, or sex change;
(7) an identification card issued to the person by a
governmental entity of this state or the United States for the
purpose of obtaining public benefits, including veteran's
benefits, Medicaid, or Medicare;
(8) a temporary driving permit issued to the person by
the Department of Public Safety;
(9) a pilot's license issued to the person by the
Federal Aviation Administration or another authorized agency of the
United States;
(10) a library card that contains the person's name
issued to the person by a public library located in this state; or
(11) a hunting or fishing license issued to a person by
the Parks and Wildlife Department [or
[(8) any other form of identification prescribed by
the secretary of state].
SECTION 6. Section 63.011(a), Election Code, is amended to
read as follows:
(a) A person to whom Section 63.001(g), 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.
SECTION 7. Section 521.422, Transportation Code, is amended
by amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) Except as provided by Subsection (d), the [The] fee for
a personal identification certificate is:
(1) $15 for a person under 60 years of age;
(2) $5 for a person 60 years of age or older; and
(3) $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
(d) The department may not collect a fee for a personal
identification certificate issued to a person who executes an
affidavit stating that the person is financially unable to pay the
required fee and:
(1) who is a registered voter in this state and
presents a valid voter registration certificate; or
(2) who is eligible for registration under Section
13.001, Election Code, and submits a registration application to
the department.
SECTION 8. This Act takes effect September 1, 2005.