Bill Text: TX HB2484 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to automatic voter registration on issuance or change of a driver's license or identification card by the Department of Public Safety.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-16 - Referred to Elections [HB2484 Detail]

Download: Texas-2021-HB2484-Introduced.html

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87R2353 TSS-D
By: Herrero H.B. No. 2484

A BILL TO BE ENTITLED
AN ACT
relating to automatic voter registration on issuance or change of a
driver's license or identification card by the Department of Public
Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. VOTER REGISTRAR, APPLICATION FOR REGISTRATION, INITIAL
REGISTRATION, AND RENEWAL OF REGISTRATION
SECTION 1.01. Section 12.001, Election Code, is amended to
read as follows:
Sec. 12.001. DESIGNATION OF VOTER REGISTRAR. (a) Except as
provided by Subsection (b), the [The] county tax assessor-collector
is the voter registrar for the county unless the position of county
elections administrator is created or the county clerk is
designated as the voter registrar.
(b) The secretary of state is the voter registrar for the
purpose of the registration of voters and maintenance of the list of
registered voters. The voter registrar designated under Subsection
(a) is the voter registrar for all other purposes.
SECTION 1.02. Section 12.004, Election Code, is amended to
read as follows:
Sec. 12.004. OFFICE HOURS. (a) [The registrar shall
conduct voter registration activities at all times during regular
office hours.
[(b) The registrar may keep the office open for voter
registration activities at times other than regular office hours.
The registrar shall post notice of the irregular days and hours the
office will be open. The notice must remain posted continuously at
each entrance to the registrar's office for the period beginning
not later than the third day before the day the office is to be open
during irregular hours and ending after the last time specified in
the notice for the office to be open.
[(c)] The registrar's office shall remain open [for voter
registration activities] during the hours the polls are required to
be open for voting on the date of any general or primary election in
which a statewide office appears on the ballot or any other election
held in the county on a uniform election date.
(b) [(d)] If early voting by personal appearance is
required to be conducted for extended hours under Section 85.005(c)
or for weekend hours under Section 85.006(e), the registrar's
office shall remain open for providing voter registration
information during the extended hours or weekend hours that the
main early voting polling place is open for voting.
SECTION 1.03. Section 13.001(b), Election Code, is amended
to read as follows:
(b) To be eligible to apply for registration, a person must,
on the date the registration application is submitted to the
secretary of state [registrar], be at least 17 years and 10 months
of age and satisfy the requirements of Subsection (a) except for
age.
SECTION 1.04. The heading to Section 13.002, Election Code,
is amended to read as follows:
Sec. 13.002. OPTIONAL APPLICATION [REQUIRED].
SECTION 1.05. Section 13.002, Election Code, is amended by
amending Subsection (a) and adding Subsection (j) to read as
follows:
(a) A person desiring to register to vote may [must] submit
an application to the secretary of state or to the registrar of the
county in which the person resides, who must forward the
application to the secretary of state not later than the fifth day
after the date the application is submitted. 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).
(j) Nothing in this section shall prevent a person from
becoming registered to vote as provided by Section 13.009.
SECTION 1.06. Section 13.0021, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) A federal judge or state judge or the spouse of a federal
judge or state judge who is automatically registered to vote under
Section 13.009 and seeks to have a residence address omitted from
the registration list shall submit an affidavit to the secretary of
state stating that the individual is a federal judge or state judge
or the spouse of a federal judge or state judge.
SECTION 1.07. The heading to Section 13.004, Election Code,
is amended to read as follows:
Sec. 13.004. RECORDING AND DISCLOSURE OF CERTAIN
INFORMATION [BY REGISTRAR].
SECTION 1.08. Sections 13.004(a), (b), (c-1), and (d),
Election Code, are amended to read as follows:
(a) The secretary of state [registrar] may not transcribe,
copy, or otherwise record a telephone number furnished on a
registration application.
(b) The secretary of state [registrar] may transcribe,
copy, or otherwise record a social security number furnished on a
registration application only in maintaining the accuracy of the
registration records.
(c-1) The secretary of state and the registrar shall ensure
that the information listed in Subsection (c) is excluded from
disclosure, except that the secretary of state [registrar] shall
forward to the county chair of each county executive committee the
information necessary to contact applicants who indicate interest
in working as an election judge.
(d) The secretary of state, voter registrar, or other county
official who has access to the information furnished on a
registration application may not post the following information on
a website:
(1) a telephone number;
(2) a social security number;
(3) a driver's license number or a number of a personal
identification card;
(4) a date of birth; or
(5) the residence address of a voter who submits
documentation under Subsection (c)(5), (6), (7), or (8) to the
secretary of state [voter registrar] or regarding whom the
registrar has received notification under Section 13.0021(c) or
15.0215.
SECTION 1.09. Section 13.004(c), Election Code, as amended
by Chapters 469 (H.B. 4173), 489 (H.B. 3100), and 1146 (H.B. 2910),
Acts of the 86th Legislature, Regular Session, 2019, is reenacted
and amended to read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) an indication that an applicant is interested in
working as an election judge;
(5) the residence address of the applicant, if the
applicant is a federal judge or state judge, the spouse of a federal
judge or state judge, the spouse of a peace officer as defined by
Article 2.12, Code of Criminal Procedure, or an individual to whom
Section 552.1175, Government Code, or Section 521.1211,
Transportation Code, applies and the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, if the applicant is a federal judge or state judge or
the spouse of a federal judge or state judge;
(B) provided the secretary of state [registrar]
with an affidavit describing the applicant's status under this
subdivision, if the applicant is a federal judge or state judge or
the spouse of a federal judge or state judge; or
(C) provided the secretary of state [registrar]
with a completed form approved by the secretary of state for that
[the] purpose [of notifying the registrar of the applicant's status
under this subdivision];
(6) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the secretary of state
[registrar] with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(7) the residence address of the applicant, if the
applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the secretary of
state [registrar] with:
(A) a copy of a protective order issued under
Subchapter A or B, Chapter 7B, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) the residence address of the applicant, if the
applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure; and
(B) provided the secretary of state [registrar]
with proof of certification under Article 58.059, Code of Criminal
Procedure; or
(9) the telephone number of any applicant submitting
documentation under Subdivision (5), (6), (7), or (8).
SECTION 1.10. Subchapter A, Chapter 13, Election Code, is
amended by adding Sections 13.009 and 13.010 to read as follows:
Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
PUBLIC SAFETY. (a) The secretary of state shall automatically
register any individual who is eligible to vote as provided by
Section 13.001 and:
(1) is issued a Texas driver's license or a personal
identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
Safety.
(b) A driver's license or personal identification card
transaction with an indication provided by Section 20.062(b) or
20.063(c) that the transaction is not for voter registration
purposes is not subject to this section.
Sec. 13.010. PAPER APPLICATION FOR VOTER REGISTRATION. The
secretary of state shall post on its Internet website voter
registration application forms that may be printed and submitted to
the secretary of state or to the registrar of the county in which
the person resides in:
(1) English; and
(2) any language other than English for which over
five percent of the total voting age citizens of a political
subdivision in this state are members of that single minority
language group.
SECTION 1.11. Section 13.071, Election Code, is amended to
read as follows:
Sec. 13.071. REVIEW OF APPLICATION. (a) The secretary of
state [registrar] shall review each submitted application for
registration to determine whether it complies with Section 13.002
and indicates that the applicant is eligible for registration.
(b) The secretary of state [registrar] shall make the
determination not later than the seventh day after the date the
application is submitted to the secretary of state [registrar].
SECTION 1.12. Sections 13.072(a), (b), and (c), Election
Code, are amended to read as follows:
(a) The secretary of state [Unless the registrar challenges
the applicant, the registrar] shall approve the application if:
(1) the secretary of state [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) or for an applicant who does
not register under Section 13.009, the [registrar verifies with
the] secretary of state verifies:
(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.
(b) After approval of an application by an applicant who was
registered in another county at the time of application, the
secretary of state [registrar] shall update the statewide voter
registration list to reflect [deliver written notice of the
applicant's change of residence to the other county's registrar and
include in the notice] the applicant's change in county of [name,
former] residence [address, and former registration number, if
known].
(c) If [Except as provided by Subsection (d), if] the
secretary of state [registrar] determines that an application does
not comply with Section 13.002 or does not indicate that the
applicant is eligible for registration, the secretary of state
[registrar] shall reject the application.
SECTION 1.13. Subchapter C, Chapter 13, Election Code, is
amended by adding Section 13.0725 to read as follows:
Sec. 13.0725. PROCESS FOR VERIFICATION OF APPLICANT'S TEXAS
DRIVER'S LICENSE NUMBER, DEPARTMENT OF PUBLIC SAFETY ISSUED
PERSONAL IDENTIFICATION NUMBER, OR SOCIAL SECURITY NUMBER. (a) The
secretary of state shall adopt rules establishing standards used
for the verification of information on a voter registration
application submitted under Section 13.072(a)(2)(A). The rules
shall provide a process by which the secretary of state verifies an
applicant's Texas driver's license number or Department of Public
Safety issued personal identification card number if, based on the
available information, a minor correction in the applicant's last
name or date of birth would lead a reasonable person to conclude
that the number submitted is the correct number for that applicant.
(b) If available, the secretary of state shall review the
name and date of birth maintained by the Department of Public Safety
or other agency used in the verification process for a submitted
application that corresponds to the Texas driver's license number,
Department of Public Safety issued personal identification card
number, or social security number submitted by the applicant if:
(1) the secretary of state cannot verify the accuracy
of an applicant's Texas driver's license number, Department of
Public Safety issued personal identification card number, or social
security number as submitted by the applicant; or
(2) the secretary of state verifies the accuracy of
the number provided, but it is not a perfect match with the personal
information provided by the applicant.
(c) If the application was not otherwise verified under this
section and the secretary of state determines that a governmental
clerical error was made in processing or submitting the
application, the secretary of state shall correct the registration
record and submit the corrected record for verification under
Section 13.072(a)(2).
SECTION 1.14. Section 13.073, Election Code, is amended to
read as follows:
Sec. 13.073. NOTICE OF REJECTION. (a) Except as provided
by Subsection (b), the secretary of state [registrar] shall deliver
written notice of the reason for the rejection of an application to
the applicant not later than the second day after the date of
rejection. If an application is rejected because it was not
verified under Section 13.072, the notice shall indicate whether
the last name, date of birth, Texas driver's license number,
Department of Public Safety issued personal identification card
number, or social security number was the reason for the failure to
verify, if that information is provided to the secretary of state
under Section 13.0725.
(b) If the secretary of state [registrar] rejects an
application in the applicant's presence, at that time the secretary
of state [registrar] shall orally inform the applicant of the
reason for the rejection. If the rejection is for incompleteness,
the secretary of state [registrar] shall return the application to
the applicant for completion and resubmission.
(c) If the secretary of state [registrar] rejects an
application for incompleteness but receives a completed
application not later than the 10th day after the date the notice is
delivered under Subsection (a) or the date the incomplete
application is returned under Subsection (b), as applicable, the
original date of submission of the incomplete application is
considered to be the date of submission to the secretary of state
[registrar] for the purpose of determining the effective date of
registration.
SECTION 1.15. Sections 13.074(a) and (b), Election Code,
are amended to read as follows:
(a) If after the secretary of state determines
[determining] that an application complies with Section 13.002 and
indicates that the applicant is eligible for registration, the
registrar has reason to believe the applicant is not eligible for
registration or the application was submitted in an unauthorized
manner, the registrar shall challenge the applicant.
(b) The registrar shall indicate on the statewide
computerized voter registration list [application of a challenged
applicant] that the applicant's eligibility or the manner of
submission of the application has been challenged and the date of
the challenge.
SECTION 1.16. Section 13.080, Election Code, is amended to
read as follows:
Sec. 13.080. RECORDING REJECTION. On rejection of an
applicant's registration application by a registrar under Section
13.079, the registrar shall inform the secretary of state and the
secretary of state shall enter the date of and reason for the
rejection on the application.
SECTION 1.17. Sections 13.101(a) and (b), Election Code,
are amended to read as follows:
(a) The secretary of state [registrar] shall maintain a file
containing the approved registration applications of the
registered voters of the state [county].
(b) The secretary of state [registrar] shall maintain the
file in alphabetical order by voter name on a county by county
[countywide] basis. However, the secretary of state [registrar] may
maintain the file in numerical order by registration number if the
secretary of state [registrar] regularly maintains a list of
registered voters in alphabetical order by voter name on a county by
county [countywide] basis.
SECTION 1.18. Sections 13.102(a), (b), and (c), Election
Code, are amended to read as follows:
(a) The secretary of state [registrar] shall maintain a file
containing the rejected applications of applicants for
registration.
(b) The secretary of state [registrar] shall maintain a
file, separate from the file maintained under Subsection (a),
containing the applications of the voters whose registrations have
been canceled.
(c) The secretary of state [registrar] shall maintain each
file in alphabetical order by applicant or voter name on a county by
county [countywide] basis.
SECTION 1.19. Section 13.103, Election Code, is amended to
read as follows:
Sec. 13.103. PLACE FOR KEEPING FILES; SECURITY. (a) The
registration application files maintained under this subchapter
shall be kept in the secretary of state's [registrar's] office at
all times in a place and manner ensuring their security.
(b) Applications may be removed from the secretary of
state's [registrar's] office temporarily, in a manner ensuring
their security, for use in preparing registration certificates,
lists of registered voters, and other registration documents by
electronic data-processing methods.
SECTION 1.20. Section 13.104(a), Election Code, is amended
to read as follows:
(a) Instead of keeping the original registration
applications and supporting documentation as required by this
title, the secretary of state [registrar] may record the
applications and documentation on an optical disk or other computer
storage medium [approved by the secretary of state].
SECTION 1.21. Section 13.142(a), Election Code, is amended
to read as follows:
(a) The secretary of state shall notify the registrar of a
voter's registration as soon as practicable. After notification of
registration of a voter by the secretary of state under Section
13.009, or approval of a registration application by the secretary
of state, the registrar shall:
(1) prepare a voter registration certificate in
duplicate and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 1.22. Sections 13.143(a), (d), (d-2), and (e),
Election Code, are amended to read as follows:
(a) Except as provided by Subsections (b) and (e), if an
applicant's registration application is approved, the registration
becomes effective on the 30th day after the date the application is
submitted to the secretary of state [registrar] or on the date the
applicant becomes 18 years of age, whichever is later.
(d) For purposes of determining the effective date of a
registration, an application submitted by:
(1) mail is considered to be submitted to the
secretary of state [registrar] on the date it is placed with postage
prepaid and properly addressed in the United States mail; or
(2) telephonic facsimile machine is considered to be
submitted to the secretary of state [registrar] on the date the
transmission is received by the secretary of state [registrar],
subject to Subsection (d-2).
(d-2) For a registration application submitted by
telephonic facsimile machine to be effective, a copy of the
registration application must be submitted by mail and be received
by the secretary of state [registrar] not later than the fourth
business day after the transmission by telephonic facsimile machine
is received.
(e) If the 30th day before the date of an election is a
Saturday, Sunday, or legal state or national holiday, an
application is considered to be timely if it is submitted to the
secretary of state [registrar] on or before the next regular
business day.
SECTION 1.23. Sections 13.144(a) and (b), Election Code,
are amended to read as follows:
(a) Not later than the 30th day after the date the registrar
receives notice from the secretary of state that an individual has
registered to vote [the application], the registrar shall deliver
the original of an initial certificate:
(1) in person to the applicant or the applicant's agent
appointed under Section 13.003; or
(2) by mail to the applicant.
(b) If delivery is by mail, the registrar shall send the
certificate to the mailing address provided for the individual in
the statewide computerized voter [on the applicant's] registration
list [application].
SECTION 1.24. Section 14.002(a), Election Code, is amended
to read as follows:
(a) Except as provided by Subsection (d), the registrar
shall deliver a voter's renewal certificate by mail to the mailing
address provided for the individual in the statewide computerized
voter [on the voter's] registration list [application].
SECTION 1.25. Section 15.021(c), Election Code, is amended
to read as follows:
(c) The registrar shall retain the notice on file [with the
voter's registration application]. If the correction is a change
of the voter's name, the registrar shall file the notice
[application] under the new name.
SECTION 1.26. Sections 15.0215(b) and (c), Election Code,
are amended to read as follows:
(b) On receiving notice from the Office of Court
Administration of the Texas Judicial System of the person's
qualification for office as a federal judge or state judge and of
the name of the judge's spouse, if applicable, the secretary of
state [registrar of the county in which the judge resides] shall:
(1) omit from the statewide computerized voter
registration list the residence address of the judge and the spouse
of the judge; and
(2) prepare a memorandum of the notice, indicating the
substance and date of the notification, and retain the memorandum
on file with the application.
(c) A registered district voter who wishes to verify that an
elected judge whose personal identifying information is
confidential under Section 552.1175, Government Code, resides in
the district may request in writing that the secretary of state
[registrar] certify the judge lives in the district. The secretary
of state [registrar] shall exercise due diligence in determining
the residence of the judge and respond to the voter in writing not
later than the 10th business day after the date the request is
received on whether the judge resides in the district. The
secretary of state [registrar] may not release the address of the
judge. The secretary of state [registrar] is not required to
certify the residence of the same judge more than once in a calendar
year, but must provide copies of the certification to subsequent
requestors.
SECTION 1.27. Section 15.053(c), Election Code, is amended
to read as follows:
(c) The registrar shall submit [act on] the response to the
secretary of state for action in accordance with Section 13.072 and
retain the response on file [with the voter's registration
application].
SECTION 1.28. Section 16.005, Election Code, is amended to
read as follows:
Sec. 16.005. PRESERVATION OF ABSTRACT. If an abstract
received under this subchapter affects a registered voter of the
county, the registrar shall retain a copy of the abstract on file
[with the affected voter's registration application].
SECTION 1.29. Section 16.031(a), Election Code, is amended
to read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section [13.072(b) or] 15.021 or a
response under Section 15.053 that the voter's residence is outside
the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 1.30. Section 16.033(f), Election Code, is amended
to read as follows:
(f) The registrar shall retain a copy of the notice mailed
to a voter under this section on file [with the voter's registration
application]. If the voter's reply to the notice is in writing, the
registrar shall also retain the reply on file [with the
application]. If the reply is oral, the registrar shall prepare a
memorandum of the reply, indicating the substance and date of the
reply, and shall retain the memorandum on file [with the
application].
SECTION 1.31. Section 16.0331(c), Election Code, is amended
to read as follows:
(c) The registrar shall retain the request on file [with the
voter's registration application].
SECTION 1.32. Section 16.034, Election Code, is amended to
read as follows:
Sec. 16.034. RECORDING CANCELLATION. On cancellation of a
voter's registration, the registrar shall notify the secretary of
state of [enter] the date of and reason for the cancellation and the
secretary of state shall record the information on the voter's
registration application and duplicate registration certificate
and make any other appropriate corrections in the registration
records.
SECTION 1.33. Section 16.037(c), Election Code, is amended
to read as follows:
(c) On reinstatement of a registration, the registrar shall
notify the secretary of state of [enter] the date of and reason for
the reinstatement and the secretary of state shall record the
information on the voter's registration application and duplicate
registration certificate, make any appropriate corrections in the
registration records, and take any other action necessary to give
effect to the reinstatement.
SECTION 1.34. Section 31.040(b), Election Code, is amended
to read as follows:
(b) The commissioners court or the administrator may
require any or all of the administrator's deputies[, other than
unpaid volunteer deputy registrars,] to give a bond similar to that
required of the administrator in an amount not exceeding the amount
of the administrator's bond.
SECTION 1.35. Section 31.161(b), Election Code, is amended
to read as follows:
(b) The joint elections commission or the joint elections
administrator may require any or all of the administrator's
deputies[, other than unpaid volunteer deputy registrars,] to give
a bond similar to that required of the administrator in an amount
not exceeding the amount of the administrator's bond.
SECTION 1.36. To the extent of any conflict, this article
prevails over another Act of the 87th Legislature, Regular Session,
2021, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 2. PROCEDURES FOR IDENTIFYING REGISTERED VOTERS
SECTION 2.01. Section 18.006, Election Code, is amended to
read as follows:
Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES.
The registrar shall deliver the lists furnished under this
subchapter, including the lists furnished under Section 18.007, to
the appropriate authority as soon as practicable after the request
but in every case in time for receipt before the beginning of early
voting by mail for the election in which the lists are to be used.
If those lists do not contain the names of all voters who will be
eligible to vote as of the beginning of early voting by personal
appearance, another set of the appropriate lists shall be delivered
before the beginning of early voting by personal appearance. If
those lists do not contain the names of all voters whose
registrations will be effective on election day, another set of the
appropriate lists shall be delivered as soon as practicable after
the secretary of state [registrar] has processed the remaining
applications.
SECTION 2.02. Sections 18.043(a) and (c), Election Code,
are amended to read as follows:
(a) The [At the times prescribed by the] secretary of
state[, the registrar] shall produce [deliver to the secretary] a
statement containing the voter registration information determined
[by the secretary] to be necessary to comply with reporting
requirements prescribed under federal law.
(c) The secretary of state [registrar] shall maintain the
information required for the statements in accordance with
procedures prescribed by this section [the secretary of state].
SECTION 2.03. Section 18.061(c), Election Code, is amended
to read as follows:
(c) Under procedures prescribed by the secretary of state,
the Department of Public Safety and each voter registrar shall
provide to the secretary of state on an expedited basis the
information necessary to maintain the registration list
established under Subsection (a). The procedures shall provide for
the electronic submission of the information and ensure that each
voter registrar collects and reports the correct month, day, and
year of birth for each registered voter.
SECTION 2.04. Section 63.0011(e), Election Code, is amended
to read as follows:
(e) The voter registrar shall retain each statement of
residence on file [with the voter's voter registration
application].
SECTION 2.05. Section 101.055(c), Election Code, is amended
to read as follows:
(c) Under procedures prescribed by the secretary of state,
the secretary of state [The registrar] shall register the person at
the address provided under Subsection (b) unless that address no
longer is recognized as a residential address, in which event the
secretary of state [registrar] shall assign the person to an
address [under procedures prescribed by the secretary of state].
SECTION 2.06. Section 112.012, Election Code, is amended to
read as follows:
Sec. 112.012. NOTIFICATION TO SECRETARY OF STATE [VOTER
REGISTRAR]. Not later than the 30th day after receipt of an
application for a limited ballot, the early voting clerk shall
notify the secretary of state [voter registrar for the voter's
former county of residence] that the voter has applied for a limited
ballot.
ARTICLE 3. VOTER REGISTRATION AGENCIES
SECTION 3.01. Section 20.008, Election Code, is amended to
read as follows:
Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE [OR
REGISTRAR]. If a question arises concerning voter registration
that an agency employee cannot answer, the employee shall provide
the person[:
[(1)] the toll-free telephone number of the Elections
Division of the Office of the Secretary of State[; and
[(2) the telephone number of the voter registrar to
whom registration applications are submitted].
SECTION 3.02. Sections 20.033, 20.034, and 20.035, Election
Code, are amended to read as follows:
Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO
EMPLOYEE. The date of submission of a completed registration
application to the agency employee is considered to be the date of
submission to the secretary of state [voter registrar] for the
purpose of determining the effective date of registration only.
Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a) The
applicant may keep the registration application form or the
completed application to submit the application personally to the
secretary of state or to the voter registrar of the county in which
the applicant resides.
(b) The agency employee shall enter on the declination of
registration form a notation that after being given the opportunity
to register, the applicant kept the application or application form
for personal submission of the application to the secretary of
state [registrar].
Sec. 20.035. DELIVERY OF APPLICATIONS TO SECRETARY OF STATE
[REGISTRAR]. (a) The agency shall deliver to the secretary of
state [voter registrar of the county in which the agency office is
located] each completed registration application submitted to an
agency employee.
(b) An application shall be delivered to the secretary of
state [registrar] not later than the fifth day after the date the
application is submitted to the employee.
SECTION 3.03. Section 20.037(c), Election Code, is amended
to read as follows:
(c) An application form delivered by mail must be
accompanied by a notice informing the applicant that the
application may be submitted in person or by mail to the secretary
of state or to the voter registrar of the county in which the
applicant resides [or in person to a volunteer deputy registrar for
delivery to the voter registrar of the county in which the applicant
resides].
SECTION 3.04. Section 20.061, Election Code, is amended to
read as follows:
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
13.009.
SECTION 3.05. Section 20.062(b), Election Code, is amended
to read as follows:
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
SECTION 3.06. Section 20.063, Election Code, is amended to
read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
of Public Safety shall consider an application made in person, by
mail, or online at the department's Internet website [provide to
each person who applies in person at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card by
a person who is eligible to vote as provided by Section 13.001 an
application for [opportunity to complete a] voter registration.
The date of application is considered to be the date of submission
to the secretary of state for the purpose of determining the
effective date of registration [application form].
(b) The Department of Public Safety shall consider a change
of address that relates to [When the department processes] a
license or card and that is submitted to [for renewal by mail,] the
department [shall deliver to the applicant by mail a voter
registration application form.
[(c) A change of address that relates to a license or card
and that is submitted to the department] in person, [or] by mail, or
online at the department's Internet website [serves] as a change in
[of address for] voter registration [unless the licensee or
cardholder indicates that the change is not for voter registration
purposes]. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the secretary of state [voter registrar] for the purpose of
determining the effective date of registration [only].
(c) The registration of an eligible [(d) If a completed]
voter as required by Subsections (a) and (b) is automatic unless the
person indicates that the transaction is not for voter
registration purposes [application submitted to a department
employee does not include the applicant's correct driver's license
number or personal identification card number, a department
employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application].
SECTION 3.07. Section 20.065(b), Election Code, is amended
to read as follows:
(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or online
at the department's Internet website for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card [application submitted to the
department]. The secretary shall prescribe procedures necessary to
implement this subsection.
SECTION 3.08. Subchapter C, Chapter 20, Election Code, is
amended by adding Sections 20.067 and 20.068 to read as follows:
Sec. 20.067. AUTOMATIC REGISTRATION BEFORE TIME FOR RENEWAL
OR CHANGE OF ADDRESS. (a) Except as provided by Subsection (b),
not later than March 15 of each odd-numbered year, the Department of
Public Safety shall submit a voter registration application to the
secretary of state on behalf of a current holder of a driver's
license or personal identification card who is eligible to vote as
provided by Section 13.001 but who did not register to vote at the
time the person submitted an application form for a license or card
and who submitted an application form for a license or card on or
after January 1, 2019.
(b) Not later than January 1 of each odd-numbered year, the
department must notify each person described by Subsection (a) that
the department will submit the person's voter registration
application to the secretary of state. The notice must include a
declination of registration form prepared so that it may be mailed
free of United States postage and indicate that the form must be
received by the department on or before March 1 of the year in which
the notice is delivered or the department will submit the person's
application for voter registration to the secretary of state.
Sec. 20.068. PUBLIC ANNOUNCEMENT. The Department of Public
Safety and the secretary of state shall develop printed materials
and a public service announcement to inform the public about
automatic voter registration.
SECTION 3.09. Section 20.122(c), Election Code, is amended
to read as follows:
(c) The application forms must be accompanied by a notice
informing the licensees that the applications may be submitted in
person or by mail to the secretary of state or to the voter
registrar of the county in which they reside [or in person to a
volunteer deputy registrar for delivery to the voter registrar of
the county in which they reside].
ARTICLE 4. PERSONAL IDENTIFICATION CERTIFICATES
SECTION 4.01. Section 521.422(a), Transportation Code, is
amended to read as follows:
(a) The fee for a personal identification certificate is:
(1) waived for an individual eligible to register to
vote under Section 13.001, Election Code;
(2) $15 for a person under 60 years of age;
(3) [(2)] $5 for a person 60 years of age or older; and
(4) [(3)] $20 for a person subject to the registration
requirements under Chapter 62, Code of Criminal Procedure.
ARTICLE 5. REPEALER; EFFECTIVE DATE
SECTION 5.01. The following provisions of the Election Code
are repealed:
(1) Section 12.002;
(2) Section 12.005;
(3) Section 12.006;
(4) Subchapter B, Chapter 13;
(5) Section 13.072(d);
(6) Section 13.121(c);
(7) Section 20.064; and
(8) Sections 20.065(a) and (c).
SECTION 5.02. This Act takes effect September 1, 2021.