By: Hochberg H.B. No. 1780

A BILL TO BE ENTITLED

AN ACT

relating to the use of a driver's license or identification card issued by the Department of Public Safety in voter registration.

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

ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION; INITIAL

REGISTRATION, AND RENEWAL OF REGISTRATION

SECTION 1.01. REPEALER. Section 12.002. Subchapter B, Chapter 12, Election Code is repealed.

SECTION 1.02. Section 12.004. Subchapter B, Chapter 12, Election Code is amended to read as follows: Sec. 12.004. OFFICE HOURS. [(a) The registrar shall conduct voter registration activities at all times during regular office hours.]

[(b) The registrar may keep the office open for voter registration activities at times other than regular office hours. The registrar shall post notice of the irregular days and hours the office will be open. The notice must remain posted continuously at each entrance to the registrar's office for the period beginning not later than the third day before the day the office is to be open during irregular hours and ending after the last time specified in the notice for the office to be open.]

(a) [(c)] The registrar's office shall remain open [for voter registration activities] during the hours the polls are required to be open for voting on the date of any general or primary election in which a statewide office appears on the ballot or any other election held in the county on a uniform election date.

(b) [(d)] If early voting by personal appearance is required to be conducted for extended hours under Section 85.005(c) or for weekend hours under Section 85.006(e), the registrar's office shall remain open for providing voter registration information during the extended hours or weekend hours that the main early voting polling place is open for voting.

SECTION 1.03. REPEALER. Section 12.005, Election Code is repealed.

SECTION 1.04. REPEALER. Section 12.006, Election Code is repealed.

SECTION 1.05. Section 13.001(b), Election Code, is amended to read as follows: (b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the secretary of state [registrar], be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age.

SECTION 1.06. Section 13.002, Election Code, is amended to read as follows: Sec. 13.002. OPTIONAL APPLICATION [REQUIRED].

SECTION 1.07. Section 13.002, Election Code, is amended by amending Subsection (a) and adding Subsection (g) to read as follows: (a) A person desiring to register to vote [must] may submit an application to the secretary of state [registrar of the county in which the person resides]. Except as provided by Subsection (e), an application must be submitted by personal delivery or by mail.

(g) Nothing in this section shall prevent a person from becoming registered to vote as provided by Section 13.008.

SECTION 1.08. Section 13.0021, Election Code, is amended by adding Subsection (c) to read as follows:

(c) A federal judge or state judge who is automatically registered to vote under Section 13.008 and seeks to have a residence address omitted from the registration list shall submit an affidavit to the secretary of state stating that the individual is a federal judge or state judge.

SECTION 1.09. Section 13.004, Election Code, is amended by to read as follows: Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE, SOCIAL SECURITY, DRIVER'S LICENSE, OR PERSONAL IDENTIFICATION NUMBER [BY REGISTRAR]. (a) The secretary of state [registrar] may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.

(b) The secretary of state [registrar] may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records.

SECTION 1.10. Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN INFORMATION [BY REGISTRAR]. (a) The secretary of state [registrar] may not transcribe, copy, or otherwise record a telephone number furnished on a registration application.

(b) The secretary of state [registrar] may transcribe, copy, or otherwise record a social security number furnished on a registration application only in maintaining the accuracy of the registration records.

(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 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) 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 or state judge, as defined by Section 13.0021, and included an affidavit with the registration application under Section 13.0021 or the secretary of state [registrar] has received an affidavit submitted under Section 15.0215.

(c-1) The secretary of state and the registrar shall ensure that the information listed in Subsection (c) is excluded from disclosure.

(d) The secretary of state, 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;

(4) a date of birth; or

(5) the residence address of a voter who is a federal judge or state judge, as defined by Section 13.0021, if the voter included an affidavit with the application under Section 13.0021 or the secretary of state [registrar] has received an affidavit submitted under Section 15.0215.

SECTION 1.11. Chapter 13, Election Code, is amended by adding Section 13.008 to read as follows:

Sec. 13.008. VOTER REGISTRATION THROUGH THE DEPARTMENT OF PUBLIC SAFETY. (a) The secretary of state shall automatically register any individual who is eligible to vote as provided by Section 13.001, and:

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

(2) makes a change to a Texas driver's license or personal identification card issued by the Department of Public Safety.

(b) A driver's license or personal identification card transaction with an indication provided by Section 20.062(b) or (c) that the transaction is not for voter registration purposes shall not be subject to this section.

SECTION 1.12. Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows:

Sec. 13.009. PAPER APPLICATION FOR VOTER REGISTRATION. The secretary of state shall post on its Internet website voter registration application forms in English and in any language other than English if a political subdivision in the state has over 5 percent of the total voting age citizens who are members of a single minority language group.

SECTION 1.13. REPEALER. Subchapter B, Chapter 13, Election Code is repealed.

SECTION 1.14. Section 13.071, Election Code is amended to read as follows: Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of state [registrar] shall review each submitted application for registration to determine whether it complies with Section 13.002 and indicates that the applicant is eligible for registration.

(b) The secretary of state [registrar] shall make the determination not later than the seventh day after the date the application is submitted to the secretary of state [registrar].

SECTION 1.15. Section 13.072, Election Code, is amended to read as follows: (a) [Unless the registrar challenges the applicant, the] The secretary of state [registrar] shall approve the application if:

(1) the secretary of state [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)(C) or for an applicant who does not register through Section 13.008, [the registrar verifies with] the secretary of state verifies:

(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.

(b) After approval of an application by an applicant who was registered in another county at the time of application, the secretary of state [registrar] shall update the statewide voter registration list to reflect the applicant's change in county of residence [deliver written notice of the applicant's change of residence to the other county's registrar and include in the notice the applicant's name, former residence address, and former registration number, if known.]

(c) Except as provided by Subsection (d), if the secretary of state [registrar] determines that an application does not comply with Section 13.002 or does not indicate that the applicant is eligible for registration, the secretary of state [registrar] shall reject the application.

[(d) If an application clearly indicates that the applicant resides in another county, the registrar shall forward the application to the other county's registrar net later than the second day after the date the application is received and, if the other county is net contiguous, shall deliver written notice of that action to the applicant not later than the seventh day after the date the application is received. The date of submission of a completed application to the wrong registrar is considered to be the date of submission to the proper registrar for purposes of determining the effective date of the registration.]

(e) Repealed by Acts 2003, 78th Leg., ch. 1316, Sec. 44, eff. Sept. 1, 2003.

SECTION 1.16. Subchapter C, Chapter 13, Election Code, is amended by adding Section 13.0725 to read as follows: Sec 13.0725. PROCESS FOR VERIFICATION OF AN APPLICANT'S TEXAS DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED PERSONAL IDENTIFICATION NUMBER AND SOCIAL SECURITY NUMBER. (a) The secretary of state shall adopt rules establishing standards for the verification of information on a voter registration application submitted under Section 13.072(a)(2)(A). The rules shall provide a process by which the Texas driver's license number or Department of Public Safety issued personal identification card number is deemed verified if a reasonable person would conclude that the Texas driver's license number or Department of Public Safety issued personal identification card number submitted is the correct number for that applicant.

(b) The secretary of state shall review, if available, the name and date of birth maintained by the Department of Public Safety or other agency used in the verification process for a submitted application that corresponds to the Texas driver's license number, Department of Public Safety issued personal identification card number, or social security number submitted by the applicant:

(1) the secretary of state cannot verify the accuracy of an applicant's Texas driver's license number, Department of Public Safety issued personal identification card number, or social security number as submitted by the applicant; or

(2) the secretary of state verifies the accuracy of the number provided, but it is not a perfect match with the personal information provided by the applicant.

(c) If the secretary of state determines that a governmental clerical error was made in processing or submitting the application, the secretary of state shall correct the record and submit the corrected record for verification under Section 13.072(a)(2) if an application was not initially accepted due to failure to verify.

SECTION 1.17. Section 13.073, Election Code is amended to read as follows: Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided by Subsection (b), the secretary of state [registrar] shall deliver written notice of the reason for the rejection of an application to the applicant not later than the second day after the date of rejection. If an application is rejected for failure to verify under Section 13.072, the notice shall indicate whether the last name, date of birth, Texas driver's license number, Department of Public Safety issued personal identification card number, or social security number was the reason for the failure to verify, if that information is provided by the secretary of state.

(b) If the secretary of state [registrar] rejects an application in the applicant's presence, at that time the secretary of state [registrar] shall orally inform the applicant of the reason for the rejection. If the rejection is for incompleteness, the secretary of state [registrar] shall return the application to the applicant for completion and resubmission.

(c) If the secretary of state [registrar] rejects an application for incompleteness but receives a completed application not later than the 10th day after the date the notice is delivered under Subsection (a) or the date the incomplete application is returned under Subsection (b), as applicable, the original date of submission of the incomplete application is considered to be the date of submission to the secretary of state [registrar] for the purpose of determining the effective date of registration.

SECTION 1.18. Section 13.074 (a) and (b), Election Code is amended to read as follows: (a) If after the secretary of state determines [determining] that an application complies with Section 13.002 and indicates that the applicant is eligible for registration, the registrar has reason to believe the applicant is not eligible for registration or the application was submitted in an unauthorized manner, the registrar shall challenge the applicant.

(b) The registrar shall indicate on the statewide computerized voter registration list [on the application of a challenged applicant] that the applicant's eligibility or the manner of submission of the application has been challenged and the date of the challenge.

SECTION 1.19. Section 13.080, Election Code is amended to read as follows: Sec. 13.080. RECORDING REJECTION. On rejection of an applicant's registration application, the secretary of state [registrar] shall enter the date of and reason for the rejection on the application.

SECTION 1.20. Section 13.101, Election Code is amended to read as follows: Sec. 13.101. ACTIVE APPLICATION FILE. (a) The secretary of state [registrar] shall maintain a file containing the approved registration applications of the registered voters of the state [county].

(b) The secretary of state [registrar] shall maintain the file in alphabetical order by voter name on a county by county [countywide] basis. However, the secretary of state [registrar] may maintain the file in numerical order by registration number if the secretary of state [registrar] regularly maintains a list of registered voters in alphabetical order by voter name on a county by county [countywide] basis.

(c) Each application shall be retained on file during the time the registration is effective.

SECTION 1.21. Section 13.102, Election Code is amended to read as follows: Sec. 13.102. INACTIVE APPLICATION FILE. (a) The secretary of state [registrar] shall maintain a file containing the rejected applications of applicants for registration.

(b) The secretary of state [registrar] shall maintain a file, separate from the file maintained under Subsection (a), containing the applications of the voters whose registrations have been canceled.

(c) The secretary of state [registrar] shall maintain each file in alphabetical order by applicant or voter name on a county by county [countywide] basis.

(d) Each application shall be retained on file for two years after the date of rejection or cancellation.

SECTION 1.22. Section 13.103, Election Code is amended to read as follows: Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The registration application files maintained under this subchapter shall be kept in the secretary of state's [registrar's] office at all times in a place and manner ensuring their security.

(b) Applications may be removed from the secretary of state's [registrar] office temporarily, in a manner ensuring their security, for use in preparing registration certificates, lists of registered voters, and other registration documents by electronic data-processing methods.

SECTION 1.23. Section 13.104, Election Code is amended to read as follows: Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Instead of keeping the original registration applications and supporting documentation as required by this title, the secretary of state [registrar] may record the applications and documentation on an optical disk or other computer storage medium [approved by the secretary of state].

(b) The storage medium must allow for the creation of a copy of an application or supporting documentation.

(c) The secretary of state shall prescribe any procedures necessary to implement this section.

SECTION 1.24. Section 13.142(a), Election Code, is amended to read as follows: (a) After notification of registration of a voter by the secretary of state, as required by Section 13.008, or approval of a registration application by the secretary of state, the registrar shall:

(1) prepare a voter registration certificate in duplicate and issue the original certificate to the applicant; and

(2) enter the applicant's county election precinct number and registration number on the applicant's registration application.

SECTION 1.25. Section 13.143 (d) and (e), Election Code, is amended to read as follows: (d) For purposes of determining the effective date of a registration, an application submitted by mail is considered to be submitted to the secretary of state [registrar] on the date it is placed with postage prepaid 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.

(e) 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 secretary of state [registrar] on or before the next regular business day.

SECTION 1.26. Section 13.144(a) and (b), Election Code, is amended to read as follows: (a) Not later than the 30th day after the date the registrar receives notice from the secretary of state that an individual has been registered to vote [receives the application], the registrar shall deliver the original of an initial certificate:

(1) in person to the applicant or the applicant's agent appointed under Section 13.003; or

(2) by mail to the applicant.

(b) If delivery is by mail, the registrar shall send the certificate to the mailing address provided for the individual in the statewide computerized voter registration list [on the applicant's registration application]

SECTION 1.27. Section 14.002(a), Election Code, is amended to read as follows: (a) Except as provided by Subsection (d), the registrar shall deliver a voter's renewal certificate by mail to the mailing address provided for the individual in the statewide computerized voter registration list [on the voter's registration application].

SECTION 1.28. Section 15.0215(b), Election Code is amended to read as follows: (b) A federal judge or state judge who is registered to vote may at any time submit to the secretary of state [registrar of the county in which the judge resides] an affidavit stating that the voter is a federal judge or state judge.

SECTION 1.29. Section 16.031(a)(1), Election Code is amended to read as follows: (a) The registrar shall cancel a voter's registration immediately on receipt of:

(1) notice under Section [13.072(b) or] 15.021 or a response under Section 15.053 that the voter's residence is outside the county;

ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS

SECTION 2.01. Section 18.041, Election Code is amended to read as follows: Sec. 18.041. ANNUAL REGISTRATION REPORT.

[(a)] Each voting year, the secretary of state [registrar] shall prepare a report of the number of persons whose voter registrations [in the county and] in each county [election precinct] will be effective on January 1.

[(b) The secretary of state shall prescribe the categories of voters and computations required in the report.

[(c) The registrar shall retain a copy of the report on file as a registration record for two years.

[(d) The registrar shall file the report with the secretary of state not later than January 2.

[(c) The secretary of state shall retain the report on file for two years.]

SECTION 2.02. Section 18.042, Election Code, is amended to read as follows: The secretary of state shall derive certified figures of the number of persons whose voter registrations in each county will be effective on election day not later than the 20th day before the date of the general primary election and the date of the general election for state and county officers. [(a) Not later than the 20th day before the date of the general primary election and the date of the general election for state and county officers, the registrar shall file with the secretary of state a statement of the number of persons whose voter registrations in the county and in each county election precinct will be effective on election day.]

[(b) The secretary of state shall prescribe the categories of voters and computations required in the statement.]

SECTION 2.03. Section 18.043 (a) and (c), Election Code, is amended to read as follows: [(a) At the times prescribed by the] The secretary of state [, the registrar] shall produce [deliver to the secretary] a statement containing the voter registration information determined [by the secretary] to be necessary to comply with reporting requirements prescribed under federal law.

(c) The secretary of state [registrar] shall maintain the information required for the statements in accordance with procedures prescribed under this section [by the secretary of state].

SECTION 2.04. Section 18.061 (c), Election Code, is amended to read as follows:

(c) Under procedures prescribed by the secretary of state, the Department of Public Safety and each voter registrar shall provide to the secretary of state on an expedited basis the information necessary to maintain the registration list established under Subsection (a). The procedures shall provide for the electronic submission of the information.

SECTION 2.05. Section 18.064, Election Code, is amended to read as follows: Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar fails to substantially comply with Section 15.083, 16.032, [18.042], or 18.061 or with rules adopted by the secretary of state implementing the statewide computerized voter registration list, the registrar is not entitled to receive state funds for financing voter registration in the county.

SECTION 2.06. Sections 18.065 (a), Election Code, is amended to read as follows: (a) The secretary of state shall monitor each registrar for substantial compliance with Sections 15.083, 16.032, [18.042], and 18.061 and with rules implementing the statewide computerized voter registration list.

SECTION 2.07. 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 or state judge, as defined by Section 13.0021, if the voter included an affidavit with the voter's registration application under Section 13.0021 or the secretary of state [applicable registrar] has received an affidavit submitted under Section 15.0215.

ARTICLE 3. VOTER REGISTRATION AGENCIES

SECTION 3.01. Section 20.061, Election Code is amended to read as follows: APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to the Department of Public Safety except provisions that conflict with this subchapter or Section 13.008.

SECTION 3.02. Section 20.062 (b), Election Code is amended to read as follows:

(b) The department shall prescribe and use a change of address form and procedure that combines department and voter registration functions. The form must allow a licensee or cardholder to indicate that the change of address is not for voter registration purposes. [The form must allow a licensee or cardholder to indicate whether the change of address is also to be used for voter registration purposes.]

SECTION 3.03. Section 20.063, Election Code is amended to read as follows: Section 20.063 REGISTRATION PROCEDURES. (a) The Department of Public Safety shall consider an application made in person, by mail, or via the Internet for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card, by a person who is eligible to vote as provided by Section 13.001, as an application for voter registration. The date of application is considered to be the date of submission to the secretary of state for the purpose of determining the effective date of registration.

(b) The Department of Public Safety shall consider a change of address that relates to a license or card and that is submitted to the department in person, by mail, or via the Internet as a change in voter registration. The date of submission of a change of address to a department employee is considered to be the date of submission to the secretary of state for the purpose of determining the effective date of registration.

(c) The registration of an eligible voter, as required by Subsections (a) and (b) is automatic unless the person indicates that the transaction is not for voter registration purposes.

[(a) The Department of Public Safety shall provide to each person who applies in person at the department's offices for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card an opportunity to complete a voter registration application form.

(b) When the department processes a license or card for renewal by mail, the department shall deliver to the applicant by mail a voter registration application form.

(c) A change in address that relates to a license or card and that is submitted to the department in person or by mail serves as a change of address for voter registration unless the licensee or cardholder indicated that the change is not for voter registration purposes. The date of submission of a change of address to a department employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration only.

(d) If a completed voter registration application submitted to a department employee does not include the applicant's correct driver's license number or personal identification card number, a department employee shall enter the appropriate information on the application. If a completed application does not include the applicant's correct residence address or mailing address, a department employee shall obtain the appropriate information from the applicant and enter the information on the application.]

SECTION 3.04. Section 20.065, Election Code is amended to read as follows: Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS. [(a) At the end of each day a Department of Public Safety office is regularly open for business, the manager of the office shall deliver by mail or in person to the voter registrar of the county in which the office is located each completed voter registration application and applicable change of address submitted to a department employee.]

[(b)] (a) Each weekday the department is regularly open for business, the department shall electronically transfer to the secretary of state the name and information designated by the secretary of state for voter registration for each individual who is eligible to vote as provided by Section 13.001 and applies in person, by mail, or online for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card [name of each person who completes a voter registration application submitted to the department]. The secretary shall prescribe procedures necessary to implement this subsection.

[(c) On the weekday the secretary of state is regularly open for business following the date the secretary receives information under Subsection [(b)] (a), the secretary shall inform the appropriate voter registrar of the name of each person who completes a voter registration application submitted to the department. The registrar may verify that the registrar has received each application as indicated by the information provided by the secretary under this subsection.]

SECTION 3.05. Chapter 20, Election Code is amended by adding Section 20.067 to read as follows: Sec. 20.067. PUBLIC ANNOUNCEMENT. The Department of Public Safety and the secretary of state shall develop printed materials and a public service announcement to inform the public about automatic voter registration.

ARTICLE 4. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CERTIFICATES

SECTION 4.01. Section 521.101, Transportation Code is amended by amending Subsection (f) and adding Subsection (j) to read as follows:

(f) A certificate expires on a date specified by the department [, except that a certificate issued to a person 60 years of age or older does not expire].

(j) The department shall indicate "VOTER" on the face of a personal identification certificate issued to a person automatically registered to vote under Section 20.063, Election Code and "NONVOTER" on a personal identification certificate issued to a person who declines to be registered to vote under Section 20.063 or is ineligible for voter registration.

SECTION 4.02. Subchapter F, Chapter 521, Transportation Code is amended by adding Section 521.127 to read as follows: Sec. 521.127. VOTER REGISTRATION REQUIRED TO BE INDICATED ON LICENSE. The department shall indicate "VOTER" on the face of each driver's license issued to a person automatically registered to vote under Section 20.063, Election Code and "NONVOTER" each driver's license issued to a person issued to a person who declines to be registered to vote under Section 20.063 or is ineligible for voter registration.

SECTION 4.03. Section 521.422(a), Transportation Code is amended to read as follows: Sec. 521.422. PERSONAL IDENTIFICATION CERTIFICATE FEE. (a) The fee for a personal identification certificate is:

(1) Waived for an individual eligible to register to vote under Section 13.001, Election Code;

(2) [(1)] $15 for a person under 60 years of age;

(3) [(2)] $5 for a person 60 years of age or older; and

(4) [(3)] $20 for a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure.

ARTICLE 5. APPLICABILITY; EFFECTIVE DATE

SECTION 5.01. This Act takes effect September 1, 2009, except that Sections 1.11, 1.26, 2.04, 3.01, 3.02, 3.03, 3.04, 3.05, and 4.03 of this Act take 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, 2009.