79R380 MCK-D
By: Shapleigh S.B. No. 160
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an address confidentiality program to
assist victims of family violence in maintaining confidential
addresses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Family Code, is amended by adding
Subtitle D to read as follows:
SUBTITLE D. PROTECTING VICTIMS OF FAMILY VIOLENCE
CHAPTER 95. ADDRESS CONFIDENTIALITY PROGRAM
Sec. 95.001. DEFINITIONS. In this chapter:
(1) "Applicant" means a person who applies to
participate in the program.
(2) "Mail" means first class mail and any mail sent by
a government agency. The term does not include a package,
regardless of size or type of mailing.
(3) "Participant" means an applicant who is certified
for participation in the program.
(4) "Program" means the address confidentiality
program created under this chapter.
Sec. 95.002. ADDRESS CONFIDENTIALITY PROGRAM. (a) The
secretary of state shall establish an address confidentiality
program to assist a victim of family violence in maintaining a
confidential address.
(b) Under the program, 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.
Sec. 95.003. APPLICATION. (a) An adult person, a parent or
guardian acting for a child, or a guardian acting for a person
adjudicated incapacitated under Chapter XIII, Texas Probate Code,
may apply to the secretary of state to participate in the program.
(b) An application under Subsection (a) must contain:
(1) a sworn statement by the applicant that:
(A) the applicant has good reason to believe that
the applicant, the applicant's child, or another person in the
applicant's household on whose behalf the application is made is a
victim of family violence; and
(B) the applicant fears for the safety of the
applicant, the applicant's child, or the other person in the
applicant's household on whose behalf the application is made;
(2) the applicant's true residential address and
telephone number and, if applicable, the applicant's business and
school addresses;
(3) a designation of the secretary of state as agent
for purposes of service of process and receipt of mail;
(4) a statement by the applicant that the applicant
believes disclosure of the new address will increase the risk of
family violence; and
(5) the signature of the applicant and of the
representative of any entity that assisted in the preparation of
the application, and the date on which the applicant signed the
application.
Sec. 95.004. CERTIFICATION; EXPIRATION. (a) The secretary
of state shall certify for participation in the program an
applicant who files a properly completed application with the
secretary of state.
(b) A certification under this chapter expires on the fourth
anniversary of the date of certification.
Sec. 95.005. RENEWAL. The secretary of state, by rule, may
establish a procedure to renew participation in the program.
Sec. 95.006. WITHDRAWAL. A participant may withdraw from
the program by notifying the secretary of state in writing of the
withdrawal.
Sec. 95.007. EXCLUSION FROM PROGRAM. (a) The secretary of
state may exclude a participant from participating in the program
if:
(1) the participant changes the participant's true
residential address as provided in the application under Section
95.003 and does not notify the secretary of state of the change in
the manner provided by rules adopted by the secretary of state; or
(2) mail forwarded to the participant by the secretary
of state is returned as undeliverable.
(b) The secretary of state shall exclude a participant from
participating in the program if the participant:
(1) knowingly makes a false statement on an
application filed under Section 95.003; or
(2) obtains a name change.
(c) A participant who obtains a name change may reapply for
participation in the program. The participant must include with
the application documentation of the name change.
Sec. 95.008. 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 residential, business, or school
address.
(b) A state or local agency that has a statutory, taxable
situs, or administrative requirement for the participant's true
residential, business, or school address may request that the
participant verbally provide the agency with the participant's true
residential, business, or school address if the agency will use the
address without permanently entering the address into the agency's
records. An agency that does not have that capability shall accept
the participant's substitute address designated by the secretary of
state unless the secretary of state determines that the agency will
only use the address for the statutory, taxable situs, or
administrative requirement.
Sec. 95.009. EXCEPTIONS TO DISCLOSURE. The secretary of
state:
(1) may 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 confirm that a person is a participant in the
program.
Sec. 95.010. CONFIDENTIALITY. Information relating to a
participant:
(1) is confidential, except as provided by Section
95.009; and
(2) may not be disclosed under Chapter 552, Government
Code.
Sec. 95.011. PROGRAM ASSISTANCE. The secretary of state
shall provide to each participant information regarding state and
local agencies and other entities, whether for-profit or nonprofit,
that provide counseling and shelter services to victims of family
violence.
Sec. 95.012. 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 Section 95.002, Family Code, 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 82.007 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 82.007 to read as follows:
Sec. 82.007. 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 95, Family Code.
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 82.007 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 Section 95.002, Family Code, 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 Chapter 95, Family Code, 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.