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79R6095 DRH-D
By: Denny H.B. No. 2309
A BILL TO BE ENTITLED
AN ACT
relating to certain election processes and procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.0921(c), Election Code, is amended to
read as follows:
(c) The registrar may not deliver a confirmation notice
resulting from a sworn statement filed after the 75th day before the
date of the general election for state and county officers until
after the date of that election. This subsection does not apply to
a person who submits a registration application [registers] after
the 75th day and prior to the 30th day before the general election
for state and county officers.
SECTION 2. Effective January 1, 2006, Section 19.002(d),
Election Code, is amended to read as follows:
(d) The comptroller may not issue a warrant if on June 1 of
the year in which the warrant is to be issued the most recent notice
received by the comptroller from the secretary of state under
Section 18.065 indicates that the registrar is not in substantial
compliance with Section 15.083 [14.025], 16.032, 18.042, or 18.065
[18.063] or with rules implementing the registration service
program.
SECTION 3. Section 31.0021(a), Election Code, is amended to
read as follows:
(a) On forms designed and furnished by the secretary of
state for an application for a place on the ballot [or a designation
of a campaign treasurer], the secretary shall include a brief
summary of:
(1) the nepotism prohibition imposed by Chapter 573,
Government Code; and
(2) a list of the specific kinds of relatives that are
included within the prohibited degrees of relationship prescribed
by Chapter 573, Government Code.
SECTION 4. Section 31.092, Election Code, is amended by
adding Subsection (d) to read as follows:
(d) In a contract authorized by Subsection (b), the county
election officer may not prevent the county chair or the chair's
designee from supervising the conduct of the primary election,
including the tabulation of results, as required by Chapter 172.
SECTION 5. (a) Section 42.006(a), Election Code, is
amended to read as follows:
(a) Except as otherwise provided by this section, a county
election precinct must contain at least 100 but not more than 5,000
[2,000] registered voters.
(b) Section 42.006(d), Election Code, is repealed.
SECTION 6. Section 51.005(c), Election Code, is amended to
read as follows:
(c) The secretary of state shall prescribe procedures for
determining the number of provisional ballots [ballot stubs] to be
provided.
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. (a) Sections 68.051(a) and (b), Election Code,
are amended to read as follows:
(a) Not later than January [February] 1 of each
even–numbered [odd-numbered] year, the lieutenant governor,
speaker of the house of representatives, and secretary of state
shall each appoint six persons to serve on an elections advisory
committee in connection with the tabulation and reporting of
election results under this chapter.
(b) Each member of the committee serves a two-year term
beginning on January [February] 1 of even-numbered [odd–numbered]
years.
(b) The term of an appointed member of the elections
advisory committee serving on the effective date of this Act ends on
December 31, 2005.
SECTION 14. Section 86.007(f), Election Code, is amended to
read as follows:
(f) If the envelope does not bear the cancellation mark or
receipt mark as required by Subsection (e)(3), a delivery under
Subsection (d)(1) is presumed to be timely if the other
requirements under this section are met. Section 1.006 does not
apply to Subsection (d)(3) [(d)(3)(A)].
SECTION 15. Section 87.041(e), Election Code, is amended to
read as follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with the signature on the
voter's registration application to confirm that the signatures are
those of the same person [match] but may not use the registration
application signature to determine that the signatures are not
those of the same person [do not match].
SECTION 16. Section 101.004, Election Code, is amended by
amending Subsections (i) and (k) and adding Subsection (l) to read
as follows:
(i) Except as provided by Subsection (l), for [For] purposes
of determining the date a federal postcard application is submitted
to the early voting clerk, an application is considered to be
submitted on the date it is placed and properly addressed in the
United States mail. The date indicated by the post office
cancellation mark is considered to be the date the application was
placed in the mail unless proven otherwise. For purposes of an
application made under Subsection (e):
(1) an application that does not contain a
cancellation mark is considered to be timely if it is received by
the early voting clerk on or before the 22nd day before election
day; and
(2) if the 30th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
early voting clerk on or before the next regular business day.
(k) If the applicant submits the missing information before
the time prescribed by Subsection (e)(1), the applicant is entitled
to receive a full ballot to be voted by mail under this chapter. If
the applicant submits the missing information after the time
prescribed by Subsection (e)(1), the applicant is entitled to
receive a full ballot to be voted by mail for the next election that
occurs:
(1) in the same calendar year; and
(2) after the 30th day [at least 30 days] after the
date the information is submitted.
(l) For purposes of determining the end of the period that
an application may be submitted under Subsection (f)(1), an
application is considered to be submitted at the time it is received
by the early voting clerk.
SECTION 17. Section 253.100, Election Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A corporation, acting alone or with one or more other
corporations, may make one or more political expenditures to
finance the establishment or administration of a general-purpose
committee, including an expenditure:
(1) for the maintenance and operation of a
general-purpose committee, such as:
(A) rent;
(B) office equipment;
(C) utilities; or
(D) secretarial or clerical assistance and
professional services necessary for the proper administrative
operation of the committee; and
(2) to support the regular functions of the committee,
including conducting committee meetings to make decisions relating
to the committee's support, recording committee decisions, and
preparing and delivering committee contributions.
(e) In issuing an advisory opinion under Subchapter D,
Chapter 571, Government Code, on the question of whether a
political expenditure is for the establishment or administration of
a general-purpose committee, the commission may consider relevant
federal election laws and opinions for guidance.
SECTION 18. Section 272.009(b), Election Code, is amended
to read as follows:
(b) If the number of election clerks appointed under
Subsection (a) is insufficient to serve the needs of the
Spanish-speaking voters in the election, the authority appointing
election judges for the election [holding the election] shall
appoint at least one clerk who is fluent in both English and Spanish
to serve at a central location to provide assistance for
Spanish-speaking voters. On a primary election day, the county
chairs of each party holding a primary shall each appoint one clerk
under this subsection.
SECTION 19. Section 305.0062(a), Government Code, is
amended to read as follows:
(a) The report filed under Section 305.006 must also contain
the total expenditures described by Section 305.006(b) that are
directly attributable to members of the legislative or executive
branch. The expenditures must be stated in only one of the
following categories:
(1) state senators;
(2) state representatives;
(3) elected or appointed state officers, other than
those described by Subdivision (1) or (2);
(4) legislative agency employees;
(5) executive agency employees;
(6) the immediate family of a member of the
legislative or executive branch; [and]
(7) children, other than dependent children, of and
other guests invited by an individual described by Subdivision (1),
(2), (3), (4), (5), or (6); and
(8) events to which all legislators are invited.
SECTION 20. Section 305.024(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 305.025, a person
registered under Section 305.005 or a person on the registrant's
behalf and with the registrant's consent or ratification may not
offer, confer, or agree to confer to an individual described by
Section 305.0062(a)(1), (2), (3), (4), (5), (6), or (7) [a member of
the legislative or executive branch]:
(1) a loan, including the guarantee or endorsement of
a loan;
(2) a gift of cash or a negotiable instrument as
described by Section 3.104, Business & Commerce Code;
(3) an expenditure for transportation and lodging;
(4) an expenditure or series of expenditures for
entertainment that in the aggregate exceed $500 in a calendar year;
(5) an expenditure or series of expenditures for gifts
that in the aggregate exceed $500 in a calendar year;
(6) an expenditure for an award or memento that
exceeds $500; or
(7) an expenditure described by Section
305.006(b)(1), (2), (3), or (6) unless the registrant is present at
the event.
SECTION 21. Section 305.025, Government Code, is amended to
read as follows:
Sec. 305.025. EXCEPTIONS. Section 305.024 does not
prohibit:
(1) a loan in the due course of business from a
corporation or other business entity that is legally engaged in the
business of lending money and that has conducted that business
continuously for more than one year before the loan is made;
(2) a loan or guarantee of a loan or a gift made or
given by a person related within the second degree by affinity or
consanguinity to the member of the legislative or executive branch;
(3) necessary expenditures for transportation and
lodging when the purpose of the travel is to explore matters
directly related to the duties of a member of the legislative or
executive branch, such as fact-finding trips, including attendance
at informational conferences or an event described by Subdivision
(4), but not including attendance at merely ceremonial events or
pleasure trips;
(4) necessary expenditures for transportation, [and]
lodging, food and beverages, and incidental entertainment provided
in connection with a conference, seminar, educational program, or
similar event in which the member renders services, such as
addressing an audience or engaging in a seminar, to the extent that
those services are more than merely perfunctory;
(5) an incidental expenditure for transportation as
determined by commission rule; or
(6) a political contribution as defined by Section
251.001, Election Code.
SECTION 22. Section 36.07(b), Penal Code, is amended to
read as follows:
(b) This section does not prohibit a public servant from
accepting transportation, [and] lodging, food and beverages, and
incidental entertainment [expenses] in connection with a
conference, educational program, or similar event in which the
public servant renders services, such as addressing an audience or
engaging in a seminar, to the extent that:
(1) the [those] services rendered are more than merely
perfunctory; and
(2) the expenditures are reported as required by
Chapter 305, Government Code, if applicable [, or from accepting
meals in connection with such an event].
SECTION 23. 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 24. Sections 305.0062(a), 305.024(a), and 305.025,
Government Code, as amended by this Act, apply only to an
expenditure or the reporting of an expenditure made on or after
September 1, 2005. An expenditure or the reporting of an
expenditure made before September 1, 2005, is governed by the law in
effect on the date the expenditure was made, and the former law is
continued in effect for that purpose.
SECTION 25. (a) The change in law made by this Act applies
only to an offense committed on or after September 1, 2005. For
purposes of this section, an offense is committed before September
1, 2005, if any element of the offense occurs before that date.
(b) An offense committed before September 1, 2005, is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose.
SECTION 26. This Act takes effect September 1, 2005.