89R2573 PRL-D

By: Parker S.B. No. 2057

A BILL TO BE ENTITLED

AN ACT

relating to requiring a person to submit proof of citizenship to register to vote; creating criminal offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.002, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A person desiring to register to vote must submit an application and proof of citizenship as required under Subsection (a-1) to the registrar of the county in which the person resides. Except as provided by Subsection (e), an application must be submitted by personal delivery, by mail, or by telephonic facsimile machine in accordance with Sections 13.143(d) and (d-2).

(a-1) A person desiring to register to vote shall submit to the registrar a copy of one of the following documents:

(1) a United States passport or passport card issued to the person;

(2) a certified copy of a birth certificate issued by a United States state or territory, or the District of Columbia;

(3) United States citizenship papers issued to the person;

(4) identification issued by the agency of the United States responsible for citizenship and immigration; or

(5) for citizens born abroad, a certificate of report of birth or consular report of birth abroad issued by the United States Department of State.

SECTION 2. Section 13.072, Election Code, is amended by amending Subsection (a) and adding Subsections (f) and (g) to read as follows:

(a) Except as provided by Section 13.0721, and unless [Unless] the registrar challenges the applicant, the registrar shall approve the application if:

(1) the registrar determines that an application complies with Section 13.002 and indicates that the applicant is eligible for registration; and

(2) for an applicant who has not included a statement described by Section 13.002(c)(8)(C), the registrar verifies with the secretary of state:

(A) the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety; or

(B) the last four digits of the applicant's social security number.

(f) A person commits an offense if the person knowingly fails to reject an application as required under Subsection (c).

(g) An offense under this section is a state jail felony.

SECTION 3. Subchapter C, Chapter 13, Election Code, is amended by adding Section 13.0721 to read as follows:

Sec. 13.0721. VERIFICATION OF CITIZENSHIP BY REGISTRAR. (a) Not later than the 10th day after the date an application for registration on a form produced by the United States Election Assistance Commission is submitted to the registrar without a proof of citizenship document required under Section 13.002(a-1), the registrar shall use all available resources to verify the citizenship status of the applicant and at a minimum shall compare the information available on the application with the following, provided the county has access:

(1) the Department of Public Safety's electronic databases;

(2) the Social Security Administration databases;

(3) the United States Citizenship and Immigration Services Systematic Alien Verification for Entitlements Program, if practicable;

(4) a national association for public health statistics and information systems electronic verification of vital events system; and

(5) any other federal, state, or other political subdivision database and any other database relating to voter registration to which the registrar has access.

(b) The registrar shall approve the application if the registrar matches the applicant with information that verifies the applicant is a United States citizen and is otherwise eligible for registration under this chapter.

(c) If the registrar matches the applicant with information that the applicant is not a United States citizen, the registrar shall:

(1) reject the application;

(2) notify the applicant that the application was rejected because the applicant is not a United States citizen; and

(3) forward the application to the county attorney and attorney general for investigation.

(d) If the registrar is unable to match the applicant with appropriate citizenship information, the registrar shall:

(1) approve the application only for voting a limited federal ballot under Chapter 115; and

(2) notify the applicant that:

(A) the registrar could not verify that the applicant is a United States citizen; and

(B) the applicant will be qualified to vote only a limited federal ballot under Chapter 115 unless the applicant provides a proof of citizenship document required under Section 13.002(a-1).

(e) The registrar shall record the efforts made to verify an applicant's citizenship status as required by this section.

(f) A person commits an offense if the person knowingly or intentionally:

(1) fails to attempt to verify the citizenship status of an applicant as required under Subsection (a); and

(2) causes the applicant to be registered and it is later determined that the applicant was not a United States citizen at the time of registration.

(g) An offense under this section is a state jail felony.

(h) This section does not apply to an applicant registering to vote under Section 101.055.

SECTION 4. Section 13.121(a), Election Code, is amended to read as follows:

(a) The officially prescribed application form for registration by mail must be in the form of [a] business reply mail [postcard], unless another form or system is used under Subsection (b), with postage paid by the state. The secretary of state shall design the form to enhance the legibility of its contents.

SECTION 5. Section 13.122(a), Election Code, is amended to read as follows:

(a) In addition to the other statements and spaces for entering information that appear on an officially prescribed registration application form, each official form must include:

(1) the statement: "I understand that giving false information to procure a voter registration is perjury and a crime under state and federal law.";

(2) a space for the applicant's registration number;

(3) a space for the applicant's Texas driver's license number or number of a personal identification card issued by the Department of Public Safety;

(4) a space for the applicant's telephone number;

(5) a space for the applicant's social security number;

(6) a space for the applicant's sex;

(7) a statement indicating that the furnishing of the applicant's telephone number and sex is optional;

(8) a space or box for indicating whether the applicant or voter is submitting new registration information or a change in current registration information;

(9) a statement instructing a voter who is using the form to make a change in current registration information to enter the voter's name and the changed information in the appropriate spaces on the form;

(10) a statement that if the applicant declines to register to vote, that fact will remain confidential and will be used only for voter registration purposes;

(11) a statement that if the applicant does register to vote, information regarding the agency or office to which the application is submitted will remain confidential and will be used only for voter registration purposes;

(12) a space or box for indicating whether the applicant is interested in working as an election judge;

(13) a statement warning that a conviction for making a false statement may result in imprisonment for up to the maximum amount of time provided by law, a fine of up to the maximum amount provided by law, or both the imprisonment and the fine;

(14) a statement that the applicant shall submit to the registrar a copy of one of the following documents:

(A) a United States passport or passport card issued to the person;

(B) a certified copy of a birth certificate issued by a United States state or territory, or the District of Columbia;

(C) United States citizenship papers issued to the person;

(D) identification issued by the agency of the United States responsible for citizenship and immigration; or

(E) for citizens born abroad, a certificate of report of birth or consular report of birth abroad issued by the United States Department of State; and

(15) [(14)] any other voter registration information required by federal law or considered appropriate and required by the secretary of state.

SECTION 6. Chapter 13, Election Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. VERIFICATION OF CITIZENSHIP STATUS BY ATTORNEY

GENERAL; INVESTIGATION; OFFENSE

Sec. 13.151. VERIFICATION OF CITIZENSHIP STATUS. (a) The secretary of state and each county registrar shall:

(1) make available to the attorney general a list of all persons who are registered to vote and who have not provided proof of citizenship as required by Section 13.002(a-1); and

(2) provide to the attorney general the voter registration applications of persons described by Subdivision (1).

(b) After receiving a voter registration application under Subsection (a), the attorney general shall use all available resources to verify the citizenship status of the applicant and at a minimum compare the information available on the voter registration application with the databases described by Section 13.0721(a).

(c) The secretary of state shall provide the attorney general access to the United States Citizenship and Immigration Services Systematic Alien Verification for Entitlements Program for the purposes of this section.

Sec. 13.152. REPORT. (a) Not later than March 31, 2026, the attorney general shall prepare and submit to the secretary of state, the lieutenant governor, and the speaker of the house of representatives a report detailing all findings relating to the citizenship status of persons who are registered to vote and who have not provided a proof of citizenship document required under Section 13.002(a-1).

(b) This section expires April 1, 2026.

Sec. 13.153. ILLEGAL REGISTRATION. (a) A person commits an offense if the person knowingly or intentionally:

(1) applies to register as a voter in this state; and

(2) is not a United States citizen.

(b) An offense under this section is a state jail felony.

Sec. 13.154. PROSECUTION BY ATTORNEY GENERAL. The attorney general shall prosecute an offense under Section 13.153.

SECTION 7. Section 111.001, Election Code, is amended to read as follows:

Sec. 111.001. RESTRICTED BALLOT. In this subtitle, "restricted ballot" means a ballot that is restricted to the offices and propositions stating measures on which a person is entitled to vote under Chapter 112, 113, [or] 114, or 115.

SECTION 8. Subtitle C, Title 7, Election Code, is amended by adding Chapter 115 to read as follows:

CHAPTER 115. VOTING LIMITED FEDERAL BALLOT

Sec. 115.001. LIMITED FEDERAL BALLOT. In this chapter, "limited federal ballot" means a ballot voted under this chapter that is restricted to the offices of United States senator or United States representative only.

Sec. 115.002. ELIGIBILITY. A person is eligible to vote a limited federal ballot by personal appearance during the early voting period or on election day if:

(1) the person has registered to vote under Chapter 13; and

(2) the county registrar is unable to match the person with appropriate citizenship information under Section 13.0721.

SECTION 9. (a) Not later than January 1, 2026, the secretary of state shall request that the federal Election Assistance Commission alter the mail voter registration application form requirements described in the National Voter Registration Act of 1993 (52 U.S.C. Section 20501 et seq.) to include a requirement that applicants submit documented proof of citizenship as a condition to registration in Texas.

(b) If the federal Election Assistance Commission fails to comply with the secretary of state's request under Subsection (a) of this section before the 180th day following the date of that request, the attorney general shall seek enforcement in a court of law.

SECTION 10. This Act takes effect September 1, 2025.