87R30366 ADM/TSS-D
 
  By: Cain H.R. No. 2007
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 87th Legislature, Regular Session, 2021, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on Senate Bill 7 (election integrity and
  security, including by preventing fraud in the conduct of elections
  in this state; increasing criminal penalties; creating criminal
  offenses; providing civil penalties) to consider and take action on
  the following matters:
         (1)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 2.04 of the
  bill, by adding amended Section 31.006, Election Code, to read as
  follows:
         Sec. 31.006.  REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL.
  (a) If, after receiving or discovering information indicating that
  [a complaint alleging] criminal conduct in connection with an
  election has occurred, the secretary of state determines that there
  is reasonable cause to suspect that [the alleged] criminal conduct
  occurred, the secretary shall promptly refer the information 
  [complaint] to the attorney general. The secretary shall deliver to
  the attorney general all pertinent documents and information in the
  secretary's possession.
         (b)  The documents and information submitted under
  Subsection (a) are not considered public information until:
               (1)  the secretary of state makes a determination that
  the information [complaint] received does not warrant an
  investigation; or
               (2)  if referred to the attorney general, the attorney
  general has completed the investigation or has made a determination
  that the information [complaint] referred does not warrant an
  investigation.
         Explanation: The change is necessary to require the
  secretary of state to take certain actions upon the receipt or
  discovery of information indicating that criminal conduct in
  connection with an election has occurred.
         (2)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 2.05 of the
  bill, by adding Section 31.019, Election Code, to read as follows:
         Sec. 31.019.  ENFORCEMENT OF VOTER ROLL MAINTENANCE
  PROVISIONS. (a) In order to ensure compliance with voter roll
  maintenance provisions, the secretary of state shall monitor each
  county's list of registered voters to ensure that no county has a
  number of registered voters in the county equal to or greater than
  the number of people eligible to register to vote in the county. 
         (b)  If the secretary of state determines that a county has a
  number of registered voters equal to or greater than the number of
  people eligible to register to vote in the county, the secretary of
  state shall notify the appropriate registrar in writing. 
         (c)  Not later than 30 days after receiving notice under
  Subsection (b), a registrar must:
               (1)  refute, in writing, that the number of registered
  voters is equal to or greater than the number of people eligible to
  register to vote in the county and the failure to comply alleged by
  the notice; or 
               (2)  develop a remediation plan to address failures to
  comply with voter roll maintenance provisions and send a copy of the
  plan to the secretary of state. 
         (d)  If a voter registrar fails to respond to a notice under
  Subsection (c), refutes an allegation under Subsection (c)(1), or
  fails to comply with a provision of the remediation plan developed
  by the registrar under Subsection (c)(2), the secretary of state
  shall:
               (1)  require the registrar to attend a training course
  developed under Subsection (h);
               (2)  publish notice that the county is undergoing an
  audit under this subsection on the secretary of state's Internet
  website;
               (3)  audit the voter registration list for the county
  in which the registrar serves; and
               (4)  identify voter roll maintenance provisions with
  which the registrar is failing to comply and provide a list to the
  registrar. 
         (e)  If the secretary of state determines that a voter
  registrar has not performed any overt actions in pursuance of
  compliance with the provisions identified under Subsection (d)(4)
  within 14 days of receiving the list under Subsection (d)(4), the
  secretary of state shall:
               (1)  withhold distribution of state funds for financing
  voter registration to the county until the registrar takes action
  in pursuance of compliance; and
               (2)  inform the attorney general that the county which
  the registrar serves may be subject to a civil penalty under
  Subsection (f).
         (f)  A county is liable to this state for a civil penalty of
  $1,000 for each day after the 14th day following the receipt of a
  list under Subsection (d)(4) that the county's voter registrar
  fails to take overt action to comply with provisions identified
  under that subsection. The attorney general may bring an action to
  recover a civil penalty imposed under this section.
         (g)  A civil penalty collected by the attorney general under
  this section shall be deposited in the state treasury to the credit
  of the general revenue fund.
         (h)  The secretary of state shall develop and implement a
  three-hour training course for county clerks and registrars on the
  maintenance of voter rolls required and permitted by law.
         (i)  The secretary of state shall adopt rules and prescribe
  procedures for the implementation of this section.
         Explanation: The change is necessary to require the secretary
  of state to take certain actions in order to ensure compliance with
  voter roll maintenance provisions.
         (3)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 3.05 of the
  bill, by adding to amended Section 64.007(c), Election Code, the
  following:
         The secretary of state shall create and promulgate a form to
  be used for this purpose. 
         Explanation: The change is necessary to require the secretary
  of state to create and promulgate a form to be used by an election
  officer in maintaining a register of spoiled ballots at the polling
  place.
         (4)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 3.07 of the
  bill, by adding Section 66.004, Election Code, to read as follows:
         SECTION 3.07.  Subchapter A, Chapter 66, Election Code, is
  amended by adding Section 66.004 to read as follows:
         Sec. 66.004.  CLOSING POLLING PLACE. The secretary of state
  shall adopt rules and create a checklist or similar guidelines to
  assist the presiding judge of a polling place in processing forms
  and conducting procedures required by this code at the closing of
  the polling place. 
         Explanation: The change is necessary to require the secretary
  of state to adopt rules and create a checklist or similar guidelines
  to assist in the closing of a polling place.
         (5)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to amend text not in disagreement in proposed SECTION
  3.10 of the bill, in amended Section 85.006(e), Election Code, to
  read as follows:
         (e)  In a primary election or the general election for state
  and county officers in a county with a population of 30,000
  [100,000] or more, the early voting clerk shall order voting by
  personal appearance [voting] at the main early voting polling place
  to be conducted on the last Saturday of the early voting period for
  at least 12 hours, except that voting may not be conducted earlier
  than 6 a.m. or later than 9 p.m., [on the last Saturday] and on the
  last Sunday of the early voting period for at least six [five]
  hours, except that voting may not be conducted earlier than 1 p.m.
  or later than 9 p.m [on the last Sunday of the early voting period].
  The early voting clerk shall order voting to be conducted at those
  times in those elections in a county with a population under 30,000
  [100,000] on receipt of a written request for those hours submitted
  by at least 15 registered voters of the county. The request must be
  submitted in time to enable compliance with Section 85.007. This
  subsection supersedes any provision of this subchapter to the
  extent of any conflict.
         Explanation: The change is necessary to regulate the hours
  for voting on a Saturday or Sunday in counties with population of
  30,000 or more and certain counties with a population under 30,000.
         (6)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to amend text not in disagreement in proposed SECTION
  4.06 of the bill, in added Section 33.063, Election Code, to read as
  follows:
         SECTION 4.06.  Subchapter C, Chapter 33, Election Code, is
  amended by adding Section 33.063 to read as follows:
         Sec. 33.063.  RELIEF. (a)  A watcher, or the appointing
  authority for a watcher, who believes that the watcher was
  unlawfully prevented or obstructed from the performance of the
  watcher's duties may seek:
               (1)  injunctive relief under Section 273.081,
  including issuance of temporary orders;
               (2)  a writ of mandamus under Section 161.009 or
  273.061; and
               (3)  any other remedy available under law.
         (b)  The relief provided by this section is available to a
  state inspector appointed under Chapter 34 or any other election
  inspector authorized by law.
         Explanation: The change is necessary to provide relief for a
  watcher, the appointing authority for a watcher, or any election
  inspector authorized by law, who believes that they were unlawfully
  prevented or obstructed from the performance of their duties.
         (7)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 4.16 of the
  bill, by adding Section 127.131(f), Election Code, to read as
  follows:
         SECTION 4.16.  Section 127.131, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The presiding judge of the central counting station
  shall provide and attest to a written reconciliation of votes and
  voters at the close of tabulation for election day and again after
  the central counting station meets for the last time to process
  late-arriving ballots by mail and provisional ballots. The
  secretary of state shall create and promulgate rules and a form to
  facilitate compliance with this subsection.  The form shall be
  posted on a website maintained by the county along with election
  returns and results.
         Explanation: The change is necessary to regulate the duties
  of the presiding judge of the central counting station and the
  secretary of state regarding the preparing of election returns.
         (8)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.01 of the
  bill, by adding amended Section 82.002, Election Code, to read as
  follows:
         SECTION 5.01.  Section 82.002, Election Code, is amended to
  read as follows:
         Sec. 82.002.  DISABILITY. (a) A qualified voter is eligible
  for early voting by mail if the voter is not capable of [has a
  sickness or physical condition that prevents the voter from]
  appearing at the polling place on election day without [a
  likelihood of] needing personal assistance or [of] injuring the
  voter's health due to the voter's:
               (1)  illness;
               (2)  injury;
               (3)  medical confinement ordered by a health care
  professional; or
               (4)  mental or physical disability.
         (b)  The following do not constitute [Expected or likely
  confinement for childbirth on election day is] sufficient cause to
  entitle a voter to vote under Subsection (a):
               (1)  a lack of transportation;
               (2)  an illness, injury, or disability that does not
  prevent the voter from appearing at the polling place on election
  day without a likelihood of needing personal assistance or of
  injuring the voter's health; or
               (3)  a requirement to appear at the voter's place of
  employment on election day.
         (c)  An application for a ballot to be voted by mail on the
  ground of disability must require the applicant to specifically
  select the grounds on which the voter is eligible under Subsection
  (a).
         Explanation: The change is necessary to regulate qualified
  voters eligible for early voting by mail on the grounds of
  disability.
         (9)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.02 of the
  bill, by adding amended Section 84.001(b), Election Code, to read
  as follows:
         (b)  An application must be submitted in writing and signed
  by the applicant using ink on paper. An electronic signature or
  photocopied signature is not permitted.
         Explanation: The change is necessary to regulate the manner
  in which an application for an early voting ballot to be voted by
  mail may be submitted and signed.
         (10)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.03 of the
  bill, by adding amended Section 84.002(a), Election Code, and
  Section 84.002(c), Election Code, to read as follows:
         SECTION 5.03.  Section 84.002, Election Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  An early voting ballot application must include:
               (1)  the applicant's name and the address at which the
  applicant is registered to vote;
               (1-a)  the following information:
                     (A)  the number of the applicant's driver's
  license or personal identification card issued by the Department of
  Public Safety;
                     (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
                     (C)  a statement by the applicant that the
  applicant has not been issued a number described by Paragraph (A) or
  (B);
               (2)  for an application for a ballot to be voted by mail
  on the ground of absence from the county of residence, the address
  outside the applicant's county of residence to which the ballot is
  to be mailed;
               (3)  for an application for a ballot to be voted by mail
  on the ground of age or disability:
                     (A)  [,] the address of the hospital, nursing home
  or other long-term care facility, or retirement center, or of a
  person related to the applicant within the second degree by
  affinity or the third degree by consanguinity, as determined under
  Chapter 573, Government Code, if the applicant is living at that
  address and that address is different from the address at which the
  applicant is registered to vote; and
                     (B)  if applicable, the selected specific grounds
  on which the voter is eligible for a ballot to be voted by mail on
  the ground of disability, as required by Section 82.002(c);
               (4)  for an application for a ballot to be voted by mail
  on the ground of confinement in jail, the address of the jail or of a
  person related to the applicant within the degree described by
  Subdivision (3);
               (5)  for an application for a ballot to be voted by mail
  on any ground, an indication of each election for which the
  applicant is applying for a ballot; and
               (6)  an indication of the ground of eligibility for
  early voting.
         (c)  A person may use the number of a driver's license or
  personal identification card that has expired for the purpose of
  fulfilling the requirement under Subsection (a)(1-a) if the license
  or identification is otherwise valid.
         Explanation: The change is necessary to regulate the content
  of an application for an early voting ballot.
         (11)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to amend text not in disagreement in proposed SECTION
  5.04 of the bill, in amended Section 84.011(a), Election Code, by
  amending Section 84.011(a)(1) and adding Section 84.011(a)(3-a),
  to read as follows:
               (1)  immediately preceding the signature space the
  statement: "I certify that the information given in this
  application is true, and I understand that giving false information
  in this application is a crime.";
               (3-a)  a space for entering the information required
  under Section 84.002(a)(1-a); and
         Explanation: The change is necessary to regulate the
  contents of the officially prescribed application form for an early
  voting ballot.
         (12)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.06 of the
  bill, by adding Section 86.001(f), Election Code, to read as
  follows:
         (f)  If the information required under Section
  84.002(a)(1-a) included on the application does not match the
  information on the applicant's application for voter registration
  under Section 13.002(c)(8), the clerk shall reject the application.
         Explanation: The change is necessary to require an early
  voting clerk to reject an application for a ballot to be voted by
  mail if certain information included in the application does not
  match the information on the applicant's application for voter
  registration.
         (13)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.07 of the
  bill, by adding Sections 86.002(g), (h), and (i), Election Code, to
  read as follows:
         (g)  The carrier envelope must include a space that is hidden
  from view when the envelope is sealed for the voter to enter the
  following information:
               (1)  the number of the voter's driver's license or
  personal identification card issued by the Department of Public
  Safety;
               (2)  if the voter has not been issued a number described
  by Subdivision (1), the last four digits of the voter's social
  security number; or
               (3)  a statement by the applicant that the applicant
  has not been issued a number described by Subdivision (1) or (2).
         (h)  A person may use the number of a driver's license or
  personal identification card that has expired for purposes of
  Subsection (g) if the license or identification is otherwise valid.
         (i)  No record associating an individual voter with a ballot
  may be created.
         Explanation: The change is necessary to regulate the
  contents of the carrier envelope for a ballot to be voted by mail.
         (14)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 5.15 of the
  bill, by adding Section 87.128, Election Code, to read as follows:
         Sec. 87.128.  NOTES. Each member of an early voting ballot
  board and each member of a signature verification committee is
  entitled to take and keep any notes reasonably necessary to perform
  the member's duties under this chapter.
         Explanation: The change is necessary to provide that members
  of early voting ballot boards and of signature verification
  committees may take and keep certain notes.
         (15)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 8.04 of the
  bill, by amending Sections 232.008(b), (c), and (d), Election Code,
  to read as follows:
         (b)  Except as provided by Subsection (c), a contestant must
  file the petition not later than the later of the 45th [30th] day
  after the date the election records are publicly available under
  Section 1.012 or the official result of the contested election is
  determined.
         (c)  A contestant must file the petition not later than the
  later of the 15th [10th] day after the date the election records are
  publicly available under Section 1.012 or the official result is
  determined in a contest of:
               (1)  a primary or runoff primary election; or
               (2)  a general or special election for which a runoff is
  necessary according to the official result or will be necessary if
  the contestant prevails.
         (d)  A contestant must deliver, electronically or otherwise,
  a copy of the petition to the secretary of state by the same
  deadline prescribed for the filing of the petition.
         Explanation: The change is necessary to regulate the filing
  and delivery of a petition in an election contest.
         (16)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 8.04 of the
  bill, by adding Section 232.063, Election Code, to read as follows:
         Sec. 232.063.  OVERTURNING ELECTION. If the number of votes
  illegally cast in the election is equal to or greater than the
  number of votes necessary to change the outcome of an election, the
  court may declare the election void without attempting to determine
  how individual voters voted.
         Explanation: The change is necessary to provide certain
  circumstances in which a court may declare an election void.
         (17)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 8.06 of the
  bill, by amending Section 273.061, Election Code, to read as
  follows:
         Sec. 273.061.  JURISDICTION. (a) The supreme court or a
  court of appeals may issue a writ of mandamus to compel the
  performance of any duty imposed by law in connection with the
  holding of an election or a political party convention, regardless
  of whether the person responsible for performing the duty is a
  public officer.
         (b)  The court of criminal appeals may issue a writ of
  mandamus to compel the performance of any duty imposed by law in
  connection with the provision, sequestration, transfer, or
  impoundment of evidence in or records relating to a criminal
  investigation conducted under this code or conducted in connection
  with the conduct of an election or political party convention. If a
  writ of mandamus is issued under this subsection, it shall include
  an order requiring the provision, sequestration, transfer, or
  impoundment of the evidence or record.
         Explanation: The change is necessary to permit the court of
  criminal appeals to issue writs of mandamus to compel the
  performance of certain duties relating to elections.
         (18)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 8.09 of the
  bill, by adding Sections 23.301(c), (d), and (e), Government Code,
  to read as follows:
         (c)  Notwithstanding any other law or rule, a proceeding
  entitled to priority under Section 23.101(b-1) relating to a
  temporary injunction shall have a court assigned under Subsection
  (b) not later than 24 hours after the proceeding is filed and, if a
  temporary injunction is granted, the injunction may not remain in
  effect for longer than four days.
         (d)  A person, including a public official, commits an
  offense if the person communicates with a county or district clerk
  with the intention of influencing or attempting to influence the
  court or judge assigned to a proceeding under this section.
         (e)  An offense under this section is a Class A misdemeanor,
  except that the offense is a state jail felony if it is shown on the
  trial of the offense that the person committed the offense while
  acting in the person's official capacity as an election official.
         Explanation: The change is necessary to regulate the
  assignment of certain election proceedings and describe the conduct
  constituting an offense under Section 23.301, Government Code, as
  well as the punishment for that offense.
         (19)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 8.09 of the
  bill, by adding Section 23.302, Government Code, to read as
  follows:
         Sec. 23.302.  DEADLINES IN CERTAIN ELECTION PROCEEDINGS.  
  (a)  Not later than 24 hours after the proceeding is filed, a judge
  to whom a case is assigned under Section 23.301(b) who wishes to be
  recused from the proceeding must, before recusal:
               (1)  hear an application for any emergency temporary
  relief sought;
               (2)  grant or deny any emergency temporary relief
  sought; and
               (3)  set a scheduling order that provides:
                     (A)  a date for a hearing on any injunction sought
  not later than five days after the date on which the proceeding was
  filed; and
                     (B)  discovery and deposition deadlines before
  the expiration of any emergency relief order entered.
         (b)  The presiding judge of an administrative region shall
  assign a new judge to a proceeding assigned under Section 23.301(b)
  not later than 12 hours after the original judge assigned to the
  proceeding is recused under Subsection (a).
         (c)  A final order in a proceeding filed under Section
  273.081, Election Code, shall be submitted in writing to the
  parties not later than 24 hours after the judge makes a final
  determination in the proceeding.
         (d)  If a district judge does not comply with this section, a
  person may seek from the supreme court, the court of criminal
  appeals, or a court of appeals a writ of mandamus as provided by
  Section 273.061, Election Code, to compel compliance with this
  section.
         (e)  Notwithstanding Section 23.101(b-1), a proceeding
  relating to a permanent injunction being sought in connection to a
  challenge under Section 141.034, Election Code, may be heard after
  the primary election has been canvassed.
         Explanation: The change is necessary to provide for deadlines
  in certain election proceedings.
         (20)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 9.02 of the
  bill, by adding amended Article 42.01, Code of Criminal Procedure,
  to read as follows:
         Sec. 4.  The Court of Criminal Appeals [Office of Court
  Administration of the Texas Judicial System] shall promulgate a
  standardized felony judgment form that conforms to the requirements
  of Section 1 of this article.  A court entering a felony judgment 
  [judgement] shall use the form promulgated under this section.
         Sec. 16.  In addition to the information described by
  Section 1, the judgment should reflect the affirmative finding and
  instruction entered pursuant to Article 42.0194.
         Explanation: The change is necessary to require the Court of
  Criminal Appeals to promulgate a standardized felony judgment
  form including certain information entered pursuant to Article
  42.0194, Code of Criminal Procedure.
         (21)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 11.03(d) of
  the bill, in the transition language, to read as follows:
         (d)  The changes in law made by this Act apply only to an
  application to vote an early voting ballot by mail submitted on or
  after the effective date of this Act. An application to vote an
  early voting ballot by mail submitted before the effective date of
  this Act is governed by the law in effect when the application was
  submitted, and the former law is continued in effect for that
  purpose.
         Explanation: The change is necessary to ensure that any
  change in law made by the Act applies only to an application to vote
  an early voting ballot by mail submitted on or after the effective
  date of the Act.
         (22)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed SECTION 11.04 of the
  bill, in the transition language, to read as follows:
         SECTION 11.04.  Not later than January 1, 2022, the
  secretary of state shall develop the training course required by
  Section 31.019, Election Code, as added by this Act.
         Explanation: The change is necessary to require the secretary
  of state to develop the training course required by added Section
  31.019, Election Code, before January 1, 2022.
         (23)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to amend text not in disagreement in proposed SECTION
  11.06 of the bill, providing for an effective, to read as follows:
         SECTION 11.06.  This Act takes 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, 2021.
         Explanation: The change is necessary to allow the provisions
  of the Act to take effect immediately if the measure receives a vote
  of two-thirds of all the members elected to each house.