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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for a ballot to be voted by mail |
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submitted by certain residents of an assisted living facility, a |
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nursing facility, or an intermediate care facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.014, Election Code, is amended to |
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read as follows: |
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Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN |
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APPLICATIONS. (a) In this section, "long-term care facility" |
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means a facility licensed under Chapter 242, 247, or 252, Health and |
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Safety Code. |
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(b) If an applicant provides a date of birth, driver's |
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license number, or social security number on the applicant's |
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application for an early voting ballot to be voted by mail that is |
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different from or in addition to the information maintained by the |
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voter registrar in accordance with Title 2, the early voting clerk |
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shall notify the voter registrar. The voter registrar shall update |
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the voter's record with the information provided by the applicant. |
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(c) An early voting clerk who receives an application for a |
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ballot to be voted by mail that includes the address of a long-term |
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care facility shall notify the Health and Human Services Commission |
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of the application. The secretary of state in coordination with the |
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Health and Human Services Commission may adopt rules and prescribe |
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procedures for the notification required by this subsection. |
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SECTION 2. Subchapter A, Chapter 242, Health and Safety |
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Code, is amended by adding Section 242.021 to read as follows: |
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Sec. 242.021. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO |
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CERTAIN RESIDENTS. (a) Following notification by an early voting |
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clerk under Section 84.014, Election Code, the commission shall |
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notify a nursing facility of a request for a ballot by mail |
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submitted for a facility resident. |
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(b) Upon receipt of the notification under Subsection (a), a |
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nursing facility shall determine if the resident that requested the |
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ballot by mail has a legal guardian or has appointed an agent by a |
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statutory durable power of attorney or medical power of attorney. |
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If a legal guardian or agent has been appointed, the facility shall, |
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not later than the fifth business day after receiving the |
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notification, notify the guardian or agent of the resident that a |
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ballot by mail was requested on behalf of the resident. |
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(c) The commission shall conduct an audit to determine |
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compliance with this section. The audit must: |
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(1) include at least 2.5 percent of all licensed |
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facilities as of the date of each primary and general election for |
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state and county officers; and |
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(2) be conducted not later than the 45th day after the |
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date of each primary or general election for state and county |
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officers. |
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(d) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 3. Section 242.061(a-1), Health and Safety Code, is |
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amended to read as follows: |
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(a-1) The department, after providing notice and |
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opportunity for a hearing to the applicant or license holder, may |
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deny, suspend, or revoke a license if the department finds that the |
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applicant, the license holder, or any other person described by |
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Section 242.032(d) has: |
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(1) violated this chapter or a rule, standard, or |
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order adopted or license issued under this chapter in either a |
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repeated or substantial manner; |
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(2) committed any act described by Sections |
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242.066(a)(2)-(6); or |
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(3) failed to comply with Sections 242.021 and |
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[Section] 242.074. |
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SECTION 4. Section 247.041(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department, after providing notice and opportunity |
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for a hearing to the applicant or license holder, may deny, suspend, |
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or revoke a license if the department finds that the applicant, |
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license holder, or a controlling person has: |
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(1) violated this chapter or a rule, standard, or |
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order adopted or license issued under this chapter in either a |
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repeated or substantial manner; [or] |
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(2) committed any act described by Sections |
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247.0451(a)(2)-(6); or |
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(3) failed to comply with Section 247.073. |
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SECTION 5. Subchapter D, Chapter 247, Health and Safety |
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Code, is amended by adding Section 247.073 to read as follows: |
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Sec. 247.073. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO |
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CERTAIN RESIDENTS. (a) Following notification by an early voting |
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clerk under Section 84.014, Election Code, the commission shall |
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notify an assisted living facility of a request for a ballot by mail |
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submitted for a facility resident. |
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(b) Upon receipt of the notification under Subsection (a), |
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an assisted living facility shall determine if the resident that |
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requested the ballot by mail has a legal guardian or has appointed |
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an agent by a statutory durable power of attorney or medical power |
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of attorney. If a legal guardian or agent has been appointed, the |
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facility shall, not later than the fifth business day after |
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receiving the notification, notify the guardian or agent of the |
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resident that a ballot by mail was requested on behalf of the |
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resident. |
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(c) The commission shall conduct an audit to determine |
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compliance with this section. The audit must: |
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(1) include at least 2.5 percent of all licensed |
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facilities as of the date of each primary and general election for |
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state and county officers; and |
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(2) be conducted not later than the 45th day after the |
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date of each primary or general election for state and county |
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officers. |
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(d) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 6. Subchapter A, Chapter 252, Health and Safety |
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Code, is amended by adding Section 252.012 to read as follows: |
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Sec. 252.012. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO |
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CERTAIN RESIDENTS. (a) Following notification by an early voting |
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clerk under Section 84.014, Election Code, the commission shall |
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notify an intermediate care facility of a request for a ballot by |
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mail submitted for a facility resident. |
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(b) Upon receipt of the notification under Subsection (a), a |
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facility shall determine if the resident that requested the ballot |
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by mail has a legal guardian or has appointed an agent by a |
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statutory durable power of attorney or medical power of attorney. |
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If a legal guardian or agent has been appointed, the facility shall, |
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not later than the fifth business day after receiving the |
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notification, notify the guardian or agent of the resident that a |
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ballot by mail was requested on behalf of the resident. |
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(c) The commission shall conduct an audit to determine |
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compliance with this section. The audit must: |
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(1) include at least 2.5 percent of all licensed |
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facilities as of the date of each primary and general election for |
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state and county officers; and |
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(2) be conducted not later than the 45th day after the |
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date of each primary or general election for state and county |
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officers. |
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(d) The commission may adopt rules as necessary to |
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administer this section. |
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SECTION 7. Section 252.035(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department, after providing notice and opportunity |
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for a hearing to the applicant or license holder, may deny, suspend, |
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or revoke a license if the department finds that the applicant or |
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license holder has: |
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(1) substantially failed to comply with the |
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requirements established under this chapter; or |
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(2) failed to comply with Section 252.012. |
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SECTION 8. The changes in law made by this Act apply to an |
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application for a ballot to be voted by mail submitted on or after |
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the effective date of this Act. An application for a ballot to be |
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voted by mail submitted before the effective date of this Act is |
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governed by the law in effect on the date the application was |
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submitted. |
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SECTION 9. This Act takes effect September 1, 2025. |