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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for accepting a voter who presents as |
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identification a personal identification certificate, driver's |
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license, or commercial driver's license issued to the voter that |
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indicates the voter has not presented proof of the voter's United |
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States citizenship to the Department of Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 63, Election Code, is amended by adding |
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Section 63.0014 to read as follows: |
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Sec. 63.0014. ACCEPTING VOTERS WITH LIMITED VALIDITY FOR |
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VOTING DESIGNATOR. (a) Notwithstanding any other provision of |
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this code, a voter who presents a personal identification |
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certificate, driver's license, or commercial driver's license as |
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photo identification with a designator reading "VALID FOR VOTING |
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ONLY WITH VERIFICATION OF ELIGIBILITY" may only be accepted for |
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voting if the voter also presents proof of the voter's United States |
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citizenship. |
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(b) If the requirements of Subsection (a) are not met, the |
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voter may be accepted for provisional voting only under Section |
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63.011. For a voter who is not accepted for voting under this |
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section, an election officer shall: |
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(1) inform the voter of the voter's right to cast a |
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provisional ballot under Section 63.011; and |
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(2) provide the voter with written information, in a |
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form prescribed by the secretary of state, that: |
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(A) lists the requirements for identification; |
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(B) states the procedure for presenting |
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identification under Section 65.0541; |
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(C) includes a map showing the location where |
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identification must be presented; and |
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(D) includes notice that if all procedures are |
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followed and the voter is found to be eligible to vote and is voting |
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in the correct precinct, the voter's provisional ballot will be |
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accepted. |
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SECTION 2. Section 63.011(a), Election Code, is amended to |
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read as follows: |
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(a) A person to whom Section 63.001(g), 63.0014(b), or |
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63.009 applies may cast a provisional ballot if the person executes |
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an affidavit stating that the person: |
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(1) is a registered voter in the precinct in which the |
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person seeks to vote; and |
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(2) is eligible to vote in the election. |
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SECTION 3. Section 65.0541(a), Election Code, is amended to |
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read as follows: |
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(a) A voter who is accepted for provisional voting under |
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Section 63.011 because the voter does not meet the identification |
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requirements of Section 63.001(b) or 63.0014 may, not later than |
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the sixth day after the date of the election do one of the |
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following, as applicable: |
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(1) present a form of identification described by |
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Section 63.0101 to the voter registrar for examination; [or] |
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(2) execute an affidavit described by Section |
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65.054(b)(2)(B) or (C) in the presence of the voter registrar; or |
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(3) present proof of the voter's United States |
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citizenship. |
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SECTION 4. Subchapter E, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1017 to read as follows: |
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Sec. 521.1017. LIMITED VALIDITY FOR VOTING DESIGNATOR. If, |
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at the time a person applies for a personal identification |
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certificate, the person does not provide proof of the person's |
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United States citizenship, the personal identification certificate |
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issued to the person must display on the back of the certificate a |
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designator reading "VALID FOR VOTING ONLY WITH VERIFICATION OF |
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ELIGIBILITY." |
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SECTION 5. Subchapter F, Chapter 521, Transportation Code, |
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is amended by adding Section 521.1225 to read as follows: |
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Sec. 521.1225. LIMITED VALIDITY FOR VOTING DESIGNATOR. If, |
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at the time a person applies for a driver's license, the person does |
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not provide proof of the person's United States citizenship, the |
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driver's license issued to the person must display on the back of |
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the license a designator reading "VALID FOR VOTING ONLY WITH |
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VERIFICATION OF ELIGIBILITY." |
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SECTION 6. Section 521.126, Transportation Code, is amended |
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by adding Subsection (a-1) to read as follows: |
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(a-1) The electronically readable information derived from |
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a driver's license, commercial driver's license, or personal |
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identification certificate must include whether the license or |
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certificate displays a limited validity for voting designator |
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required under Section 521.1017, 521.1225, or 522.030(e). |
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SECTION 7. Section 522.030, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) The department shall include on each commercial |
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driver's license issued under this chapter to a person who did not |
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provide proof of the person's United States citizenship at the time |
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the person applied for the license a designator displayed on the |
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back of the license reading "VALID FOR VOTING ONLY WITH |
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VERIFICATION OF ELIGIBILITY." |
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SECTION 8. The changes in law made by this Act to |
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Subchapters E and F, Chapter 521, Transportation Code, and Section |
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522.030, Transportation Code, apply only to a personal |
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identification certificate, driver's license, or commercial |
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driver's license issued or renewed on or after the effective date of |
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this Act. A personal identification certificate, driver's license, |
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or commercial driver's license issued or renewed before the |
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effective date of this Act is governed by the law in effect when the |
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certificate or license was issued or renewed, and the former law is |
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continued in effect for that purpose. |
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SECTION 9. This Act takes effect March 1, 2026. |