85R14990 GRM-F
 
  By: Turner H.B. No. 3943
 
 
 
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 31, Election Code, is
  amended by adding Section 31.013 to read as follows:
         Sec. 31.013.  MOBILE LOCATIONS FOR OBTAINING
  IDENTIFICATION. (a)  The secretary of state shall establish a
  program using mobile units to provide election identification
  certificates to voters for the purpose of satisfying the
  requirements of Section 63.001(b).  A mobile unit may be used at
  special events or at the request of a constituent group.
         (b)  In establishing the program, the secretary of state
  shall consult with the Department of Public Safety on the creation
  of the program, security relating to the issuance of an election
  identification certificate, best practices in issuing an election
  identification certificate, and equipment required to issue an
  election identification certificate.
         (c)  The secretary of state may not charge a fee to a group
  that requests a mobile unit established under this section.
         (d)  If the secretary of state cannot ensure the required
  security or other necessary elements of the program, the secretary
  of state may deny a request for a mobile unit established under this
  section.
         (e)  The secretary of state shall adopt rules necessary for
  the implementation of this section.
         SECTION 2.  Subchapter E, Chapter 31, Election Code, is
  amended by adding Section 31.125 to read as follows:
         Sec. 31.125.  ELECTION IDENTIFICATION CERTIFICATES. (a) The
  county clerk shall provide a location at the county clerk's office
  and at each subcourthouse located in the county for the Department
  of Public Safety to issue an election identification certificate
  under Section 521A.001, Transportation Code, during all regular
  business hours.
         (b)  The secretary of state shall negotiate an agreement that
  the Department of Public Safety and each county clerk shall enter
  into for the purpose of issuing election identification
  certificates under this section.
         SECTION 3.  Section 63.001, Election Code, is amended by
  amending Subsection (b) and adding Subsections (c-1) and (i) to
  read as follows:
         (b)  Except as provided by Subsection (h), on offering to
  vote, a voter must present to an election officer at the polling
  place:
               (1)  one form of photo identification listed in
  [described by] Section 63.0101(a); or
               (2)  one form of identification listed in Section
  63.0101(b) accompanied by the declaration described by Subsection
  (i) [63.0101].
         (c-1)  An election officer may not refuse to accept
  documentation presented to meet the requirements of Subsection (b)
  solely because the address on the documentation does not match the
  address on the list of registered voters.
         (i)  If the requirement for identification prescribed by
  Subsection (b)(1) is not met, an election officer shall notify the
  voter that the voter may be accepted for voting if the voter meets
  the requirement for identification prescribed by Subsection (b)(2)
  and executes a declaration under penalty of perjury declaring the
  voter's identity. The secretary of state shall prescribe the
  following form of the affidavit:
  DECLARATION OF VOTER'S IDENTITY TO BE COMPLETED BY VOTER
  Name: 
  VOTER'S DECLARATION OF IDENTITY
  By signing this declaration, I swear or affirm under penalty of
  perjury that my name is listed as ________________ on the official
  voter registration list, that I am that person, and that I currently
  reside at
  ___________________________________________________________
      Signature of VoterDate              
  Sworn to and subscribed before me this
  _____ day of __________, 20___
  Presiding Judge _______________
         SECTION 4.  Section 63.0101, Election Code, is amended to
  read as follows:
         Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.
  (a) The following documentation is an acceptable form of photo
  identification under this chapter:
               (1)  a driver's license[, election identification
  certificate,] or personal identification card issued to the person
  by the Department of Public Safety or the equivalent agency of
  another state [that has not expired or that expired no earlier than
  60 days before the date of presentation];
               (2)  a United States military identification card that
  contains the person's photograph [that has not expired or that
  expired no earlier than 60 days before the date of presentation];
               (3)  a United States citizenship certificate issued to
  the person that contains the person's photograph;
               (4)  a United States passport issued to the person
  [that has not expired or that expired no earlier than 60 days before
  the date of presentation]; [or]
               (5)  a license to carry a handgun issued to the person
  by the Department of Public Safety;
               (6)  an election identification certificate issued to
  the person by the Department of Public Safety;
               (7)  a valid identification card that contains the
  person's photograph and is issued by:
                     (A)  an agency or institution of the federal
  government; or
                     (B)  an agency, institution, or political
  subdivision of any state;
               (8)  a photo identification card issued to the person
  by a municipal, county, or state governmental entity or the United
  States for the purpose of obtaining public benefits, including
  veteran's benefits, Medicaid, or Medicare;
               (9)  an official Native American tribal document that:
                     (A)  contains the person's photograph; and
                     (B)  is issued by a tribe that is federally
  recognized;
               (10)  a student identification card issued by an
  institution of higher education or a private or independent
  institution of higher education as those terms are defined by
  Section 61.003, Education Code, that contains the person's
  photograph; or
               (11)  a United States Department of Veterans Affairs
  identification card, including a Veteran Health Identification
  Card, that contains the person's photograph [that has not expired
  or that expired no earlier than 60 days before the date of
  presentation].
         (b)  The following documentation is acceptable as proof of
  identification under this chapter:
               (1)  a government document that shows the name and
  address of the voter, including the voter's voter registration
  certificate;
               (2)  one of the following documents that shows the name
  and address of the voter:
                     (A)  a copy of a current utility bill;
                     (B)  a bank statement;
                     (C)  a government check; or
                     (D)  a paycheck; or
               (3)  a certified copy of a domestic birth certificate
  or other document confirming birth that is admissible in a court of
  law and establishes the person's identity.
         (c)  A person 70 years of age or older may use a form of
  identification listed in Subsection (a) that has expired for the
  purposes of voting if the identification is otherwise valid.
         (d)  Except as provided by Subsection (c), a form of
  acceptable identification listed by Subsection (a) that has not
  expired or expired not earlier than four years before the date of
  presentation may be used as an acceptable form of photo
  identification if the identification is otherwise valid.
         SECTION 5.  Section 65.0541(a), Election Code, is amended to
  read as follows:
         (a)  A voter who is accepted for provisional voting under
  Section 63.011 because the voter does not meet the identification
  requirements of Section 63.001(b) may, not later than the sixth day
  after the date of the election:
               (1)  present [a form of identification described by
  Section 63.0101] to the voter registrar for examination:
                     (A)  a form of identification described by Section
  63.0101(a); or
                     (B)  a form of identification described by Section
  63.0101(b) accompanied by the declaration described by Section
  63.001(i); or
               (2)  execute an affidavit described by Section
  65.054(b)(2)(B) or (C) in the presence of the voter registrar.
         SECTION 6.  Section 272.011(b), Election Code, is amended to
  read as follows:
         (b)  The secretary of state shall prepare the translation for
  election materials required to be provided in a language other than
  English or Spanish for the following state prescribed voter forms:
               (1)  voter registration application form required by
  Section 13.002;
               (2)  the confirmation form required by Section 15.051;
               (3)  the voting instruction poster required by Section
  62.011;
               (4)  the declaration of voter's identity required by
  Section 63.001(b);
               (5)  the statement of residence form required by
  Section 63.0011;
               (6) [(5)]  the provisional ballot affidavit required
  by Section 63.011;
               (7) [(6)]  the application for a ballot by mail
  required by Section 84.011;
               (8) [(7)]  the carrier envelope and voting
  instructions required by Section 86.013; and
               (9) [(8)]  any other voter forms that the secretary of
  state identifies as frequently used and for which state resources
  are otherwise available.
         SECTION 7.  Section 521A.001(a), Transportation Code, is
  amended to read as follows:
         (a)  The department shall issue an election identification
  certificate to a person who states that the person is obtaining the
  certificate for the purpose of satisfying Section 63.001(b),
  Election Code, and does not have another form of identification
  described by Section 63.0101(a) [63.0101], Election Code, and:
               (1)  who is a registered voter in this state and
  presents a valid voter registration certificate; or
               (2)  who is eligible for registration under Section
  13.001, Election Code, and submits a registration application to
  the department.
         SECTION 8.  This Act takes effect January 1, 2018.