By: King of Parker, Christian, Macias, H.B. No. 626

Paxton, Crabb, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the procedures for registering to vote.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.002(c), Election Code, is amended to read as follows:

(c) A registration application must include:

(1) the applicant's first name, middle name, if any, last name, and former name, if any;

(2) the month, day, and year of the applicant's birth;

(3) a statement that the applicant is a United States citizen and, unless the applicant was a registered voter in this state on September 1, 2007:

(A) if a citizen by birth, the city, county, state, and country of birth; or

(B) if a naturalized citizen:

(i) the city, state, and year of taking the naturalization oath; or

(ii) the applicant's alien registration number;

(4) a statement that the applicant is a resident of the county;

(5) a statement that the applicant has not been determined mentally incompetent by a final judgment of a court;

(6) a statement that the applicant has not been finally convicted of a felony or that the applicant is a felon eligible for registration under Section 13.001;

(7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence;

(8) the following information:

(A) the applicant's Texas driver's license number or the number of a personal identification card issued by the Department of Public Safety or a statement by the applicant that the applicant has not been issued a driver's license or personal identification card; or

(B) if the applicant has not been issued a number described by Paragraph (A), the last four digits of the applicant's social security number or a statement by the applicant that the applicant has not been issued a social security number;

(9) if the application is made by an agent, a statement of the agent's relationship to the applicant; and

(10) the city and county in which the applicant formerly resided.

SECTION 2. Section 13.072, Election Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(a) Unless the registrar challenges the applicant, the registrar shall approve the application if:

(1) the registrar determines that an application complies with Section 13.002 and indicates that the applicant is eligible for registration; [and]

(2) for an applicant who has not included a statement described by Section 13.002(c)(8) [13.002(c)(8)(C)], the registrar verifies with the secretary of state:

(A) the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; or

(B) the last four digits of the applicant's social security number; and

(3) using the information provided under Section 13.002(c)(3), the registrar verifies with the secretary of state that the applicant is a United States citizen.

(e) The secretary of state shall adopt rules and enter into any necessary agreements to verify the citizenship of an applicant as required by Subsection (a)(3). The secretary of state shall adopt rules that provide that an applicant whose citizenship cannot be verified under this section may execute an affidavit stating that the applicant is a United States citizen. An affidavit executed under this subsection creates a rebuttable presumption that the applicant is a United States citizen.

SECTION 3. Section 406.024, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Except as provided by Subsection (c), a [A] notary public or its employer may charge the following fees:

(1) for protesting a bill or note for nonacceptance or nonpayment, register and seal, a fee of $4;

(2) for each notice of protest, a fee of $1;

(3) for protesting in all other cases, a fee of $4;

(4) for certificate and seal to a protest, a fee of $4;

(5) for taking the acknowledgment or proof of a deed or other instrument in writing, for registration, including certificate and seal, a fee of $6 for the first signature and $1 for each additional signature;

(6) for administering an oath or affirmation with certificate and seal, a fee of $6;

(7) for a certificate under seal not otherwise provided for, a fee of $6;

(8) for a copy of a record or paper in the notary public's office, a fee of 50 cents for each page;

(9) for taking the deposition of a witness, 50 cents for each 100 words;

(10) for swearing a witness to a deposition, certificate, seal, and other business connected with taking the deposition, a fee of $6; and

(11) for a notarial act not provided for, a fee of $6.

(c) A notary public or its employer may not charge a fee for the notarization of an affidavit required under Section 13.072(e), Election Code.

SECTION 4. The secretary of state shall adopt rules for the administration of Section 13.072(a)(3), Election Code, as added by this Act, as soon as practicable after this Act takes effect. For that purpose, the secretary of state may adopt the rules in the manner provided by law for emergency rules.

SECTION 5. The changes in law made by this Act to Sections 13.002 and 13.072, Election Code, apply only to an application for voter registration that is submitted on or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2007.