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A BILL TO BE ENTITLED
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AN ACT
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relating to proof of identification presented by a voter. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 18.005, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) Each original and supplemental list of registered |
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voters must: |
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(1) contain the voter's name, date of birth, and |
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registration number as provided by the statewide computerized voter |
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registration list; |
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(2) contain the voter's residence address, except as |
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provided by Subsections (b) and (c) or Section 18.0051; |
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(3) be arranged alphabetically by voter name; [and] |
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(4) contain the notation required by Section 15.111; |
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and |
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(5) contain the voter's photograph if provided to the |
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registrar under an agreement made under Subsection (d). |
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(d) A voter registrar shall enter into an agreement with the |
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Department of Public Safety under which a photograph in the |
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database of the Department of Public Safety is provided to the |
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registrar if the photograph is of a registered voter in the county. |
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SECTION 2. Sections 63.001(b), (d), and (e), Election Code, |
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are amended to read as follows: |
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(b) Except as provided by Subsection (h), on offering to |
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vote, a voter must present to an election officer at the polling |
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place[: |
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[(1)] one form of photo identification listed in |
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Section 63.0101(a)[; or |
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[(2) one form of identification listed in Section |
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63.0101(b) accompanied by the declaration described by Subsection |
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(i)]. |
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(d) If, as determined under Subsection (c), the voter's name |
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is on the precinct list of registered voters and the voter's |
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identity can be verified from the documentation presented under |
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Subsection (b), the voter shall be accepted for voting. [An |
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election officer may not question the reasonableness of an |
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impediment sworn to by a voter in a declaration described by |
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Subsection (i).] |
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(e) On accepting a voter, an election officer shall indicate |
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beside the voter's name on the list of registered voters that the |
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voter is accepted for voting. [If the voter executes a declaration |
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of reasonable impediment to meet the requirement for identification |
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under Subsection (b), the election officer must affix the voter's |
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voter registration number to the declaration either in numeric or |
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bar code form.] |
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SECTION 3. Section 63.004(a), Election Code, is amended to |
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read as follows: |
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(a) The secretary of state may prescribe forms that combine |
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the poll list, the signature roster, or any other form used in |
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connection with the acceptance of voters at polling places with |
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each other or with the list of registered voters. The secretary |
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shall prescribe any special instructions necessary for using the |
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combination forms. [The combination forms must include space for |
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an election officer to indicate whether a voter executed a |
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declaration of reasonable impediment under Section 63.001(i).] |
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SECTION 4. Section 63.0101(a), Election Code, is amended to |
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read as follows: |
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(a) The following documentation is an acceptable form of |
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photo identification under this chapter: |
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(1) a driver's license, election identification |
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certificate, or personal identification card issued to the voter |
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[person] by the Department of Public Safety that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(2) a United States military identification card that |
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contains the voter's [person's] photograph that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(3) a United States citizenship certificate issued to |
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the voter [person] that contains the voter's [person's] photograph; |
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(4) a United States passport book or card issued to the |
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voter [person] that has not expired or that expired no earlier than |
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four years before the date of presentation; [or] |
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(5) a license to carry a handgun issued to the voter |
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[person] by the Department of Public Safety that has not expired or |
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that expired no earlier than four years before the date of |
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presentation; |
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(6) an official Native American identification card or |
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tribal document that: |
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(A) contains the voter's photograph and address; |
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and |
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(B) is issued by a tribal organization or by a |
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tribe that is federally recognized and located in this state; or |
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(7) an identification card issued by an institution of |
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higher education located in this state that contains the voter's |
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photograph and identifies the voter as a citizen of the United |
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States. |
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SECTION 5. Section 84.002, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) a photograph or copy of a form of photo |
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identification listed in Section 63.0101(a); |
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(2) for an application for a ballot to be voted by mail |
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on the ground of absence from the county of residence, the address |
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outside the applicant's county of residence to which the ballot is |
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to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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on the ground of age or disability, the address of the hospital, |
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nursing home or other long-term care facility, or retirement |
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center, or of a person related to the applicant within the second |
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degree by affinity or the third degree by consanguinity, as |
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determined under Chapter 573, Government Code, if the applicant is |
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living at that address and that address is different from the |
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address at which the applicant is registered to vote; |
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(4) for an application for a ballot to be voted by mail |
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on the ground of confinement in jail, the address of the jail or of a |
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person related to the applicant within the degree described by |
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Subdivision (3); |
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(5) for an application for a ballot to be voted by mail |
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on any ground, an indication of each election for which the |
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applicant is applying for a ballot; and |
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(6) an indication of the ground of eligibility for |
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early voting. |
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(c) Section 63.0101(c) applies to documentation provided |
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under this section. |
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SECTION 6. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail to indicate that the address to |
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which the ballot is to be mailed is the address of a relative |
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described by Section 84.002(a)(4), if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) a statement informing the applicant of the |
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condition prescribed by Section 81.005; [and] |
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(I) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c); and |
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(J) a statement informing the applicant of the |
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requirement that the applicant include a photograph or copy of |
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identification described by Section 84.002(a)(1-a). |
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SECTION 7. Section 86.001, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the application does not include a photograph or copy |
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of a form of photo identification listed in Section 63.0101(a), the |
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clerk shall reject the application. |
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SECTION 8. Section 272.011(b), Election Code, is amended to |
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read as follows: |
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(b) The secretary of state shall prepare the translation for |
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election materials required to be provided in a language other than |
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English or Spanish for the following state prescribed voter forms: |
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(1) voter registration application form required by |
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Section 13.002; |
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(2) the confirmation form required by Section 15.051; |
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(3) the voting instruction poster required by Section |
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62.011; |
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(4) [the reasonable impediment declaration required |
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by Section 63.001(b); |
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[(5)] the statement of residence form required by |
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Section 63.0011; |
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(5) [(6)] the provisional ballot affidavit required |
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by Section 63.011; |
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(6) [(7)] the application for a ballot by mail |
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required by Section 84.011; |
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(7) [(8)] the carrier envelope and voting |
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instructions required by Section 86.013; and |
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(8) [(9)] any other voter forms that the secretary of |
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state identifies as frequently used and for which state resources |
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are otherwise available. |
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SECTION 9. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1791 to read as follows: |
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Sec. 411.1791. FORM OF NONCITIZEN LICENSE. In adopting the |
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form of a license under Section 411.179(a), the department shall |
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ensure that a license issued to a person who is not a citizen of the |
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United States: |
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(1) has a substantially different design from a |
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license issued to a person who is a citizen; and |
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(2) displays the word "NONCITIZEN" on both the front |
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and back of the license. |
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SECTION 10. Subchapter H, Chapter 411, Government Code, is |
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amended by adding Section 411.1955 to read as follows: |
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Sec. 411.1955. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In |
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this section, "indigent" means a person who is not financially able |
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to afford a fee under this subchapter. |
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(b) An indigent individual is entitled to an exemption from |
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the payment of fees for the issuance of an original or renewed |
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license under this subchapter. |
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(c) The department shall adopt criteria and a process to |
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determine if an individual is indigent and any other rules or |
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procedures necessary to implement this section. |
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SECTION 11. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.024132 to read as follows: |
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Sec. 531.024132. VOTER IDENTIFICATION ACQUISITION FOR |
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INDIVIDUALS WITH A DISABILITY. (a) The commission shall develop |
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and implement a voter identification acquisition program to assist |
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an individual with a disability who is registered to vote in |
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obtaining an original, renewal, or duplicate form of photo |
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identification listed in Section 63.0101(a), Election Code, by: |
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(1) providing the individual with transportation to |
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the office of a state or federal agency; or |
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(2) coordinating with an employee of a state or |
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federal agency to transport the employee to the individual's home |
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or another location convenient to the individual. |
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(b) The commission may adopt rules necessary to implement |
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this section. |
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SECTION 12. Subchapter E, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1011 to read as follows: |
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Sec. 521.1011. DESIGNATOR ON CERTIFICATE ISSUED TO |
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NONCITIZEN. A personal identification certificate issued to a |
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person who is not a citizen of the United States must: |
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(1) have a substantially different design from a |
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personal identification certificate issued to a person who is a |
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citizen; and |
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(2) display the word "NONCITIZEN" on both the front |
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and back of the certificate. |
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SECTION 13. Subchapter F, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1231 to read as follows: |
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Sec. 521.1231. DESIGNATOR ON LICENSE ISSUED TO NONCITIZEN. |
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A driver's license issued to an applicant who is not a citizen of |
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the United States must: |
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(1) have a substantially different design from a |
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driver's license issued to a person who is a citizen; and |
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(2) display the word "NONCITIZEN" on both the front |
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and back of the license. |
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SECTION 14. Subchapter R, Chapter 521, Transportation Code, |
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is amended by adding Section 521.4268 to read as follows: |
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Sec. 521.4268. EXEMPTION FOR INDIGENT INDIVIDUALS. (a) In |
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this section, "indigent" means a person who is not financially able |
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to afford a fee under this chapter. |
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(b) An indigent individual is entitled to an exemption from |
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the payment of fees under this chapter for the issuance of a |
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driver's license or personal identification certificate. |
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(c) The department shall adopt criteria and a process to |
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determine if an individual is indigent and any other rules or |
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procedures necessary to implement this section. |
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SECTION 15. The following provisions of the Election Code |
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are repealed: |
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(1) Section 63.001(i); |
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(2) Section 63.0013; and |
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(3) Section 63.0101(b). |
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SECTION 16. The changes in law made by this Act apply only |
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to an application to vote an early voting ballot by mail submitted |
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on or after the effective date of this Act. An application to vote |
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an early voting ballot by mail submitted before the effective date |
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of this Act is governed by the law in effect when the application |
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was submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 17. The changes in law made by this Act apply only |
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to a license to carry a handgun, personal identification |
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certificate, or driver's license issued or renewed on or after the |
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effective date of this Act. A license to carry a handgun, personal |
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identification certificate, or driver's license issued or renewed |
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before the effective date of this Act is governed by the law in |
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effect when the license or certificate was issued or renewed, and |
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the former law is continued in effect for that purpose. |
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SECTION 18. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |