| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the confidentiality of home address information of |
|
|
certain federal judges and their spouses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 13, Election Code, is |
|
|
amended by adding Section 13.0021 to read as follows: |
|
|
Sec. 13.0021. ADDITIONAL REGISTRATION INFORMATION FROM |
|
|
CERTAIN FEDERAL JUDGES. (a) In this section, "federal judge" |
|
|
means: |
|
|
(1) a judge of a United States court of appeals; |
|
|
(2) a judge of a United States district court; |
|
|
(3) a judge of a United States bankruptcy court; or |
|
|
(4) a magistrate judge of a United States district |
|
|
court. |
|
|
(b) If the registration applicant is a federal judge who |
|
|
seeks to have the applicant's residence address omitted from the |
|
|
registration list, the applicant shall include with the application |
|
|
an affidavit stating that the applicant is a federal judge. |
|
|
SECTION 2. Section 13.004, Election Code, is amended by |
|
|
amending Subsections (c) and (d) and adding Subsection (c-1) to |
|
|
read as follows: |
|
|
(c) The following information furnished on a registration |
|
|
application is confidential and does not constitute public |
|
|
information for purposes of Chapter 552, Government Code: |
|
|
(1) a [A] social security number; |
|
|
(2) a [,] Texas driver's license number; |
|
|
(3) a [,] number of a personal identification card |
|
|
issued by the Department of Public Safety; |
|
|
(4) [, or] an indication that an applicant is |
|
|
interested in working as an election judge; or |
|
|
(5) the residence address of the applicant, if the |
|
|
applicant is a federal judge, as defined by Section 13.0021(a), and |
|
|
included an affidavit with the registration application under |
|
|
Section 13.0021 or the registrar has received an affidavit |
|
|
submitted under Section 15.0215 [furnished on a registration
|
|
|
application is confidential and does not constitute public
|
|
|
information for purposes of Chapter 552, Government Code]. |
|
|
(c-1) The registrar shall ensure that the information |
|
|
listed in Subsection (c) [a social security number, Texas driver's
|
|
|
license number, number of a personal identification card issued by
|
|
|
the Department of Public Safety, or an indication that an applicant
|
|
|
is interested in working as an election judge] is excluded from |
|
|
disclosure. |
|
|
(d) The voter registrar or other county official who has |
|
|
access to the information furnished on a registration application |
|
|
may not post the following information on a website: |
|
|
(1) a telephone number; |
|
|
(2) a social security number; |
|
|
(3) a driver's license number or a number of a personal |
|
|
identification card; [or] |
|
|
(4) a date of birth; or |
|
|
(5) the residence address of a voter who is a federal |
|
|
judge, as defined by Section 13.0021(a), if the voter included an |
|
|
affidavit with the application under Section 13.0021 or the |
|
|
registrar has received an affidavit submitted under Section |
|
|
15.0215. |
|
|
SECTION 3. Subchapter B, Chapter 15, Election Code, is |
|
|
amended by adding Section 15.0215 to read as follows: |
|
|
Sec. 15.0215. NOTICE OF FEDERAL JUDGE STATUS. (a) In this |
|
|
section, "federal judge" has the meaning assigned by Section |
|
|
13.0021(a). |
|
|
(b) A federal judge who is registered to vote may at any time |
|
|
submit to the registrar of the county in which the judge resides an |
|
|
affidavit stating that the voter is a federal judge. |
|
|
SECTION 4. Section 15.081, Election Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) Notwithstanding Subsection (b), the suspense list may |
|
|
not contain the residence address of a voter who is a federal judge |
|
|
if the voter included an affidavit with the voter's registration |
|
|
application under Section 13.0021 or the registrar received an |
|
|
affidavit submitted under Section 15.0215 before the list was |
|
|
prepared. In this subsection, "federal judge" has the meaning |
|
|
assigned by Section 13.0021(a). |
|
|
SECTION 5. Section 18.005, Election Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) Each original and supplemental list of registered |
|
|
voters must: |
|
|
(1) contain the voter's name, [residence address,] |
|
|
date of birth, and registration number as provided by the statewide |
|
|
computerized voter registration list; |
|
|
(2) contain the voter's residence address, except as |
|
|
provided by Subsections (b) and (c); |
|
|
(3) be arranged alphabetically by voter name; and |
|
|
(4) [(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]. |
|
|
(c) The original or supplemental list of registered voters |
|
|
may not contain the residence address of a voter who is a federal |
|
|
judge if the voter included an affidavit with the voter's |
|
|
registration application under Section 13.0021 or the registrar |
|
|
received an affidavit submitted under Section 15.0215 before the |
|
|
list was prepared. In this subsection, "federal judge" has the |
|
|
meaning assigned by Section 13.0021(a). |
|
|
SECTION 6. Section 18.066(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) Information furnished under this section may not |
|
|
include: |
|
|
(1) a voter's social security number; or |
|
|
(2) the residence address of a voter who is a federal |
|
|
judge, as defined by Section 13.0021(a), if the voter included an |
|
|
affidavit with the voter's registration application under Section |
|
|
13.0021 or the applicable registrar has received an affidavit |
|
|
submitted under Section 15.0215. |
|
|
SECTION 7. Section 63.0011(a), Election Code, is amended to |
|
|
read as follows: |
|
|
(a) Before a voter may be accepted for voting, an election |
|
|
officer shall ask the voter if the voter's residence address on the |
|
|
precinct list of registered voters is current and whether the voter |
|
|
has changed residence within the county. If the voter's address is |
|
|
omitted from the precinct list under Section 18.005(c), the officer |
|
|
shall ask the voter if the voter's residence as listed on the |
|
|
voter's voter registration certificate is current and whether the |
|
|
voter has changed residence within the county. |
|
|
SECTION 8. Section 411.171, Government Code, is amended by |
|
|
adding Subdivision (4-a) to read as follows: |
|
|
(4-a) "Federal judge" means: |
|
|
(A) a judge of a United States court of appeals; |
|
|
(B) a judge of a United States district court; |
|
|
(C) a judge of a United States bankruptcy court; |
|
|
or |
|
|
(D) a magistrate judge of a United States |
|
|
district court. |
|
|
SECTION 9. Section 411.179, Government Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (c) to read as |
|
|
follows: |
|
|
(a) The department by rule shall adopt the form of the |
|
|
license. A license must include: |
|
|
(1) a number assigned to the license holder by the |
|
|
department; |
|
|
(2) a statement of the period for which the license is |
|
|
effective; |
|
|
(3) a statement of the category or categories of |
|
|
handguns the license holder may carry as provided by Subsection |
|
|
(b); |
|
|
(4) a color photograph of the license holder; [and] |
|
|
(5) the license holder's full name, date of birth, |
|
|
[residence address,] hair and eye color, height, weight, and |
|
|
signature; |
|
|
(6) the license holder's residence address or, as |
|
|
provided by Subsection (c), the street address of the courthouse in |
|
|
which the license holder or license holder's spouse serves as a |
|
|
federal judge; [,] and |
|
|
(7) the number of a driver's license or an |
|
|
identification certificate issued to the license holder by the |
|
|
department. |
|
|
(c) In adopting the form of the license under Subsection |
|
|
(a), the department shall establish a procedure for the license of a |
|
|
federal judge or the spouse of a federal judge to omit the license |
|
|
holder's residence address and to include, in lieu of that address, |
|
|
the street address of the courthouse in which the license holder or |
|
|
license holder's spouse serves as a federal judge. In establishing |
|
|
the procedure, the department shall require sufficient documentary |
|
|
evidence to establish the license holder's status as a federal |
|
|
judge or spouse of a federal judge. |
|
|
SECTION 10. Sections 411.181(a) and (b), Government Code, |
|
|
are amended to read as follows: |
|
|
(a) If a person who is a current license holder moves to a |
|
|
new residence [from the] address, [stated on the license or] if the |
|
|
name of the person is changed by marriage or otherwise, |
|
|
or if the |
|
|
person's status as a federal judge or the spouse of a federal judge |
|
|
becomes inapplicable, the person shall, not later than the 30th day |
|
|
after the date of the address, [or] name, or status change, notify |
|
|
the department and provide the department with the number of the |
|
|
person's license and, as applicable, the person's: |
|
|
(1) former and new addresses; or |
|
|
(2) former and new names. |
|
|
(b) If the name of the license holder is changed by marriage |
|
|
or otherwise, or if the person's status as a federal judge or the |
|
|
spouse of a federal judge becomes inapplicable, the person shall |
|
|
apply for a duplicate license. The duplicate license must include |
|
|
the person's current residence address. |
|
|
SECTION 11. Section 25.025, Tax Code, is amended by |
|
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
|
follows: |
|
|
(a) This section applies only to: |
|
|
(1) a peace officer as defined by Article 2.12, Code of |
|
|
Criminal Procedure; |
|
|
(2) a county jailer as defined by Section 1701.001, |
|
|
Occupations Code; |
|
|
(3) an employee of the Texas Department of Criminal |
|
|
Justice; |
|
|
(4) a commissioned security officer as defined by |
|
|
Section 1702.002, Occupations Code; [and] |
|
|
(5) a victim of family violence as defined by Section |
|
|
71.004, Family Code, if as a result of the act of family violence |
|
|
against the victim, the actor is convicted of a felony or a Class A |
|
|
misdemeanor; and |
|
|
(6) a federal judge. |
|
|
(a-1) In this section, "federal judge" means: |
|
|
(1) a judge of a United States court of appeals; |
|
|
(2) a judge of a United States district court; |
|
|
(3) a judge of a United States bankruptcy court; or |
|
|
(4) a magistrate judge of a United States district |
|
|
court. |
|
|
SECTION 12. This Act takes effect September 1, 2007. |