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A BILL TO BE ENTITLED
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AN ACT
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relating to federal election practices and procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.007, Election Code, is amended to |
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read as follows: |
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Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING FEDERAL |
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LAW [NATIONAL VOTER REGISTRATION ACT]. (a) If under federal law, |
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order, regulation, or other official action any provision of |
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federal law regarding the registration of voters or conduct of |
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elections, including the National Voter Registration Act of 1993 or |
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its successors, is not required to be implemented or enforced in |
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whole or in part, an affected state law or rule is suspended to the |
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extent that the law or rule was enacted or adopted to implement that |
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law [Act], and it is the intent of the legislature that the |
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applicable law in effect immediately before the enactment or |
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adoption be reinstated and continued in effect pending enactment of |
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corrective state legislation. |
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(b) On a finding by the secretary of state that a suspension |
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of a law or rule has occurred under Subsection (a), the secretary |
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may modify applicable procedures as necessary to give effect to the |
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suspension and to reinstatement of the procedures of the former |
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law. |
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(c) The secretary of state may adopt rules to implement this |
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section as necessary. |
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SECTION 2. Subchapter A, Chapter 31, Election Code, is |
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amended by adding Section 31.0075 to read as follows: |
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Sec. 31.0075. TEMPORARY MEASURES TO IMPLEMENT FEDERAL LAW. |
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(a) Pending enactment of conforming state legislation, the |
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secretary of state shall by rule, after consulting with the chair |
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and vice chair of the standing committees of the senate and house of |
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representatives having jurisdiction over elections, adopt |
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procedures to conform with federal laws enacted regarding federal |
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elections in a manner that does not substantively modify the |
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procedures for voter registration for or conduct of elections |
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provided in this code, other than federal elections, except as |
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provided by this section. |
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(b) In compliance with Subsection (a), to the extent federal |
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law modifies the requirements or procedures provided in this code |
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for voter registration in federal elections, the secretary of state |
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shall by rule establish and maintain a federal election voter |
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registration system in compliance with federal law. Any person |
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registered under this system may not be eligible to vote in any |
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election other than a federal election unless that person is |
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qualified and registered to vote under Title 2. Any person seeking |
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to register to vote under the federal election voter registration |
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system established under this subsection shall be notified upon |
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registering to vote under this system that registration to vote in |
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federal elections does not qualify a person to vote in any other |
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election conducted in this state unless that person registers to |
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vote as provided by Title 2. All persons registered to vote as |
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provided by Title 2 shall be automatically registered to vote under |
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the federal election voter registration system established under |
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this subsection. Any voter registration certificate issued or list |
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of registered voters produced under the federal election voter |
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registration system established under this subsection shall be |
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clearly marked "Valid for federal elections only." |
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(c) In compliance with Subsection (a), to the extent federal |
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law modifies the conduct of elections for federal office in a manner |
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that substantively conflicts with any provision of this code, |
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notwithstanding any other provision of this code, the secretary of |
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state shall by rule modify the uniform election dates and other |
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associated dates and deadlines provided in this code so that no |
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election other than an election for federal office is held on the |
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same date as any special election for a member of Congress, a |
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federal primary, a federal primary runoff, or a general election |
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for federal office. |
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SECTION 3. 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 4. This Act takes effect September 1, 2021. |