81R2298 JRJ-F
 
  By: Brown of Kaufman H.B. No. 125
 
 
 
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.  Subchapter A, Chapter 15, Election Code, is
  amended by adding Section 15.005 to read as follows:
         Sec. 15.005.  NOTICE OF IDENTIFICATION REQUIREMENTS.  (a)  
  The voter registrar of each county shall provide notice of the
  identification requirements for voting prescribed by Chapter 63 and
  a detailed description of those requirements with each voter
  registration certificate issued under Section 13.142 or renewal
  registration certificate issued under Section 14.001.
         (b)  The secretary of state shall prescribe the wording of
  the notice to be included on the certificate under this section.
         SECTION 2.  Subchapter A, Chapter 31, Election Code, is
  amended by adding Section 31.012 to read as follows:
         Sec. 31.012.  VOTER IDENTIFICATION EDUCATION.  (a)  Not
  earlier than 60 days or later than 30 days before each primary and
  general election, the secretary of state shall mail a notice
  describing in detail the identification requirements for voting
  prescribed by Chapter 63 to each voter who, in the last election:
               (1)  voted provisionally under Section 63.001(g); and
               (2)  did not submit proof of identification under
  Section 65.0541.
         (b)  The secretary of state by rule may create innovative
  programs to educate the population of this state about the
  requirements for voting prescribed by Chapter 63.
         (c)  The secretary of state and the voter registrar of each
  county that maintains a website shall provide notice of the
  identification requirements for voting prescribed by Chapter 63 on
  each entity's respective website.  The secretary of state shall
  prescribe the wording of the notice to be included on the websites.
         SECTION 3.  Section 32.111, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The training standards adopted under Subsection (a)
  must include provisions on the acceptance and handling of the
  identification presented by a voter to an election officer under
  Section 63.001.
         SECTION 4.  Section 32.114(a), Election Code, is amended to
  read as follows:
         (a)  The county clerk shall provide one or more sessions of
  training using the standardized training program and materials
  developed and provided by the secretary of state under Section
  32.111 for the election judges and clerks appointed to serve in
  elections ordered by the governor or a county authority. Each
  election judge shall complete the training program. Each election
  clerk shall complete the part of the training program relating to
  the acceptance and handling of the identification presented by a
  voter to an election officer under Section 63.001.
         SECTION 5.  Chapter 62, Election Code, is amended by adding
  Section 62.016 to read as follows:
         Sec. 62.016.  NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE
  POLLING PLACES. The presiding judge shall post in a prominent place
  on the outside of each polling location notice that a provisional
  ballot will be provided to a person who executes the appropriate
  affidavit and a list of the acceptable forms of photographic
  identification. The notice and list must be printed:
               (1)  in English, Spanish, and any other language
  appropriate to the precinct in which the polling place is located;
  and
               (2)  using a font that is at least 24 point.
         SECTION 6.  Section 63.001, Election Code, is amended by
  amending Subsections (b), (c), (d), and (f) and adding Subsection
  (g) to read as follows:
         (b)  Except as provided by Section 63.0012, on [On] offering
  to vote, a voter must present to an election officer at the polling
  place the voter's voter registration certificate and:
               (1)  one form of identification listed in Section
  63.0101; or
               (2)  if applicable, two forms of identification as
  required by Section 63.0103 [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
  documentation presented under Subsection (b), 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)  A voter shall be accepted for provisional voting only
  under Section 63.011 if:
               (1)  the requirements for identification prescribed by
  Subsection (b)(1) or (2) are not met; and
               (2)  the voter is not eligible for an exemption under
  Section 63.0012.
         SECTION 7.  Chapter 63, Election Code, is amended by adding
  Section 63.0012 to read as follows:
         Sec. 63.0012.  EXEMPTION FROM PROOF OF IDENTIFICATION
  REQUIREMENT. (a)  A voter who presents the voter's voter
  registration certificate is not required to present the other
  documentation required under Section 63.001(b) if the voter
  executes an affidavit claiming the voter does not possess the
  documentation because the voter is indigent or has a religious
  objection to the documentation.  The affidavit may be executed
  only:
               (1)  at the time the voter registers to vote;
               (2)  at the main early voting polling place when the
  voter is voting early by personal appearance;
               (3)  on election day if the voter resides in a licensed
  residential care facility in this state and the voter's polling
  place is located at that facility; or
               (4)  as allowed by Section 65.0541.
         (b)  The secretary of state shall prescribe procedures as
  necessary to implement this section.
         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 documentation presented under Section 63.001(b).
         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 documentation presented under
  Section 63.001(b) 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 identification presented under Section
  63.001(b)(1) or (2) [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.
  The following documentation containing the person's photograph is
  acceptable as proof of 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 that[, regardless of whether the license or card]
  has not expired;
               (2)  a United States military [form of] identification
  card [containing the person's photograph that establishes the
  person's identity];
               (3)  a valid Veteran's Identification Card [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;
               (5)  a United States passport issued to the person;
               (6)  a license to carry a concealed handgun issued to
  the person by the Department of Public Safety [official mail
  addressed to the person by name from a governmental entity];
               (7)  a tribal identification card issued to the person;
  or
               (8)  if the person is 65 years of age or older:
                     (A)  an expired driver's license or personal
  identification card issued to the person by the Department of
  Public Safety or similar document issued to the person by an agency
  of another state; or
                     (B)  an expired United States passport issued to
  the person [copy of a current utility bill, bank statement,
  government check, paycheck, or other government document that shows
  the name and address of the voter; or
               [(8)     any other form of identification prescribed by
  the secretary of state].
         SECTION 12.  Chapter 63, Election Code, is amended by adding
  Section 63.0103 to read as follows:
         Sec. 63.0103.  ALTERNATIVE DOCUMENTATION PERMITTED FOR
  IDENTIFICATION OF CERTAIN VOTERS.  (a)  A person who is 65 years of
  age or older may present documents in the manner provided by this
  section as acceptable proof of identification under this chapter if
  the person:
               (1)  executes an affidavit stating that the person has
  never been issued a birth certificate because the person's birth
  was never recorded with any state office of vital statistics; or
               (2)  resides in a nursing home or residential care
  facility.
         (b)  A person to whom this section applies may present as
  identification either two different documents listed under
  Subdivision (1), or one document listed under Subdivision (1) and
  one document listed under Subdivision (2):
               (1)  the following primary documents issued to or
  belonging to the person:
                     (A)  a Medicaid card or Medicare card;
                     (B)  a Social Security benefits statement;
                     (C)  a property deed;
                     (D)  a property tax statement;
                     (E)  a bank statement;
                     (F)  a United States Veteran's Universal Access
  Card that contains the person's photograph;
                     (G)  a marriage license or divorce decree;
                     (H)  a pension statement;
                     (I)  court records of the person's adoption or
  name change;
               (2)  the following secondary documents issued to or
  belonging to the person:
                     (A)  a copy of a current utility bill, government
  check, paycheck, or other government document that shows the name
  and address of the person;
                     (B)  official mail addressed to the person by name
  from a governmental entity;
                     (C)  a library card that contains the person's
  name issued to the person by a public library located in this state;
                     (D)  a hunting or fishing license issued to the
  person by the Parks and Wildlife Department.
         SECTION 13.  Sections 63.011(a) and (b), Election Code, are
  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.
         (b)  A form for an affidavit required by this section must
  [shall] be printed on an envelope in which the provisional ballot
  voted by the person may be placed and must include a space for
  entering the identification number of the provisional ballot voted
  by the person and a space for an election officer to indicate
  whether the person presented proof of identification as required by
  Section 63.001(b)(1) or (2). The affidavit form may include space
  for disclosure of any necessary information to enable the person to
  register to vote under Chapter 13. The secretary of state shall
  prescribe the form of the affidavit under this section.
         SECTION 14.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  A provisional ballot may be accepted only if:
               (1)  the board determines that, from the information in
  the affidavit or contained in public records, the person is
  eligible to vote in the election and has not previously voted in
  that election; and
               (2)  the voter presents proof of identification as
  required by Section 63.001(b)(1) or (2):
                     (A)  at the time the ballot was cast; or
                     (B)  in the period prescribed under Section
  65.0541.
         SECTION 15.  Subchapter B, Chapter 65, Election Code, is
  amended by adding Section 65.0541 to read as follows:
         Sec. 65.0541.  PRESENTATION OF IDENTIFICATION FOR CERTAIN
  PROVISIONAL BALLOTS. (a)  A voter who is accepted for provisional
  voting under Section 63.011 because the voter does not present
  proof of identification as required by Section 63.001(b)(1) or (2)
  may, not later than the 10th business day after the date of the
  election:
               (1)  present proof of identification to the voter
  registrar for examination by the early voting ballot board; or
               (2)  execute an affidavit stating that an exemption
  under Section 63.0012 applies to the voter.
         (b)  The secretary of state shall prescribe procedures as
  necessary to implement this section.
         SECTION 16.  The heading to Subchapter I, Chapter 521,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER I.  ISSUANCE OF DRIVER'S LICENSE AND PERSONAL
  IDENTIFICATION CERTIFICATE
         SECTION 17.  Subchapter I, Chapter 521, Transportation Code,
  is amended by adding Section 521.183 to read as follows:
         Sec. 521.183.  PRIORITY ISSUANCE FOR CERTAIN PERSONAL
  IDENTIFICATION CERTIFICATES. The department shall process and
  issue a personal identification certificate to a person who applies
  for the identification certificate for the purpose of satisfying
  Section 63.001(b), Election Code, before processing or issuing
  other identification certificates.
         SECTION 18.  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:
               (1)  executes an affidavit stating that the person:
                     (A)  is obtaining the personal identification
  certificate for the sole purpose of satisfying Section 63.001(b),
  Election Code;
                     (B)  is financially unable to pay the required
  fee; and
                     (C)  does not have another form of identification
  acceptable under Section 63.0101, Election Code; and
               (2)  is:
                     (A)  a registered voter in this state and presents
  a valid voter registration certificate; or
                     (B)  eligible for registration under Section
  13.001, Election Code, and submits a registration application to
  the department.
         SECTION 19.  Sections 521.453(a) and (h), Transportation
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (f), a person [under
  the age of 21 years] commits an offense if the person possesses[,
  with the intent to represent that the person is 21 years of age or
  older,] a document that is deceptively similar to a driver's
  license or a personal identification certificate unless the
  document displays the statement "NOT A GOVERNMENT DOCUMENT"
  diagonally printed clearly and indelibly on both the front and back
  of the document in solid red capital letters at least one-fourth
  inch in height and the person:
               (1)  is under the age of 21 years and possesses the
  document with the intent to represent that the person is 21 years of
  age or older; or
               (2)  possesses the document with the intent to use the
  document as a form of identification for the purposes of Section
  63.001(b), Election Code.
         (h)  In addition to the punishment provided by Subsection
  (d), a court, if the court is located in a municipality or county
  that has established a community service program, may order a
  person [younger than 21 years of age] who commits an offense under
  this section to perform eight hours of community service unless the
  person is shown to have previously committed an offense under this
  section, in which case the court may order the person to perform 12
  hours of community service.
         SECTION 20.  As soon as practicable after September 1, 2009:
               (1)  the secretary of state shall adopt the training
  standards and develop the training materials required to implement
  the change in law made by this Act to Section 32.111, Election Code;
  and
               (2)  the county clerk of each county shall provide a
  session of training under Section 32.114, Election Code, using the
  standards adopted and materials developed to implement the change
  in law made by this Act to Section 32.111, Election Code.
         SECTION 21.  (a)  Except as provided by Subsections (b) and
  (c) of this section, this Act takes effect January 1, 2010.
         (b)  Sections 14 and 15 of this Act take effect January 1,
  2012.
         (c)  Sections 1, 2, 3, 4, and 20 of this Act take effect
  September 1, 2009.