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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of citizenship of an applicant for |
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voter registration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(a), Election Code, is amended to |
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read as follows: |
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(a) A person desiring to register to vote must submit an |
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application to the registrar of the county in which the person |
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resides. Except as provided by Subsection (e), an application must |
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be submitted by personal delivery, by mail, or by telephonic |
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facsimile machine in accordance with Section 13.143(d-2) [Sections
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13.143(d) and (d-2)]. |
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SECTION 2. Section 13.046(f), Election Code, is amended to |
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read as follows: |
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(f) Except as provided by this subsection, Sections |
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13.039[, 13.041,] and 13.042 apply to the submission and delivery |
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of registration applications under this section, and for that |
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purpose, "volunteer deputy registrar" in those sections includes a |
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high school deputy registrar. A high school deputy registrar may |
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review an application for completeness out of the applicant's |
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presence. A deputy may deliver a group of applications to the |
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registrar by mail in an envelope or package, and, for the purpose of |
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determining compliance with the delivery deadline, an application |
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delivered by mail is considered to be delivered at the time of its |
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receipt by the registrar. |
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SECTION 3. Section 13.071, Election Code, is amended to |
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read as follows: |
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Sec. 13.071. REVIEW OF APPLICATION. (a) The registrar |
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shall review each submitted application for registration to |
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determine whether it complies with Section 13.002 and indicates |
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that the applicant is a United States citizen eligible for |
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registration. |
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(b) If the application is submitted to the Department of |
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Public Safety in person with the proof of citizenship required by |
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Section 20.063(e), the [The] registrar shall make the determination |
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not later than the seventh day after the date the application is |
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submitted to the registrar. |
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(c) If the application is submitted in a manner other than |
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the manner described by Subsection (b), the registrar shall forward |
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the information relating to the applicant to the secretary of state |
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for determining citizenship as provided by Section 13.0721. |
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SECTION 4. Subchapter C, Chapter 13, Election Code, is |
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amended by adding Section 13.0721 to read as follows: |
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Sec. 13.0721. DETERMINATION OF CITIZENSHIP. (a) This |
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section does not apply to an application for registration submitted |
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to the Department of Public Safety in person with the proof of |
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citizenship required by Section 20.063(e). |
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(b) The secretary of state shall verify with the Department |
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of Public Safety the citizenship status of each applicant for voter |
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registration whose information is forwarded to the secretary of |
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state as provided by Section 13.071(c). If the department verifies |
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the applicant's citizenship status, the secretary of state shall |
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notify the registrar. If the department does not have information |
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regarding the citizenship status of the applicant or has |
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information indicating that the applicant is not a citizen, the |
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registrar and the applicant shall be notified as provided by |
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secretary of state rule. |
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(c) An applicant for voter registration who receives notice |
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under Subsection (b) must provide proof of citizenship to the |
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registrar not later than the 60th day after the date of receipt. |
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Except as provided by Subsection (d), this proof must be presented |
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in person. The following is acceptable as proof of citizenship |
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under this section: |
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(1) an unexpired passport issued to the person; |
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(2) a certified copy of a birth certificate or other |
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document confirming the person's birth that is admissible in a |
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court of law and establishes the person's identity, presented with |
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a government-issued identification that contains the person's |
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photograph; or |
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(3) United States citizenship papers issued to the |
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person, presented with a government-issued identification that |
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contains the person's photograph. |
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(d) An applicant may mail a certified copy of a document |
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described by Subsection (c)(2) or (3) with a copy of the person's |
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government-issued photo identification to the registrar. |
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(e) If an applicant does not provide proof of citizenship as |
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required, the registrar shall reject the application and notify the |
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secretary of state. The secretary of state shall keep a list of |
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applicants of which the secretary receives notice under this |
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subsection. |
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(f) The secretary of state shall adopt rules and prescribe |
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procedures to implement this section. |
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SECTION 5. Section 13.143(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection [Subsections] (b) [and
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(e)], if an applicant's registration application is approved, the |
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registration becomes effective on the 30th day after the date the |
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application is approved [submitted to the registrar] or on the date |
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the applicant becomes 18 years of age, whichever is later. |
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SECTION 6. Section 20.063, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person who submits a voter registration application to |
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the department in person shall at the time of submission present as |
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proof of citizenship: |
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(1) an unexpired passport issued to the person; |
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(2) a certified copy of a birth certificate or other |
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document confirming the person's birth that is admissible in a |
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court of law and establishes the person's identity; or |
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(3) United States citizenship papers issued to the |
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person. |
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SECTION 7. Sections 13.041 and 13.143(d) and (e), Election |
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Code, are repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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an application to register to vote submitted on or after the |
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effective date of this Act. |
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SECTION 9. This Act takes effect September 1, 2019. |