Bill Text: TX SB1340 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to voter qualification and registration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2021-04-29 - Left pending in committee [SB1340 Detail]

Download: Texas-2021-SB1340-Engrossed.html
 
 
  By: Buckingham S.B. No. 1340
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to voter qualification and registration.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 42.03, Code of Criminal Procedure, is
  amended by adding Section 6 to read as follows:
         Sec. 6.  The court, after pronouncing the sentence of a
  defendant adjudged guilty of a felony, shall notify the defendant
  in writing of the nature and expected duration of the impact on the
  defendant's voting rights in this state under Section 11.002(a)(4),
  Election Code, resulting from the conviction.
         SECTION 2.  Chapter 11, Election Code, is amended by adding
  Section 11.0021 to read as follows:
         Sec. 11.0021.  MEASURES TO PREVENT NONCITIZEN VOTER
  REGISTRATION AND VOTING. (a)  Notwithstanding any other law and
  subject to Subsections (c), (d), and (e), to ensure a person who is
  not a citizen of the United States may not register to vote or vote:
               (1)  at least twice each year, the secretary of state
  shall use the United States Department of Homeland Security
  database of noncitizens living in Texas to identify noncitizens
  whose voter registrations should be canceled and shall take all
  appropriate actions; and
               (2)  the Department of Public Safety shall forward to
  the secretary of state the file of a person who applies for a Texas
  driver's license or identification card and provides on the
  application form that the person is not a citizen of the United
  States.
         (b)  The secretary of state shall by rule determine what
  information combinations identified as common to a voter and to an
  individual who is not a citizen of the United States constitute a
  weak match or a strong match in order to:
               (1)  produce the least possible impact on Texas voters;
  and
               (2)  fulfill its responsibility to manage the voter
  rolls.
         (c)  The secretary of state may not determine that a voter is
  ineligible to register to vote or vote based on a weak match.  The
  secretary may inform the county of the voter's residence that a weak
  match exists. 
         (d)  On receiving notification from the secretary of state
  under Subsection (c) that a weak match of identifying information
  exists for an applicant for voter registration or a voter in the
  county and an individual who is a noncitizen, the county shall
  investigate whether the applicant or voter is a citizen. 
         (e)  The secretary of state may determine a voter is
  ineligible to register to vote or vote based on a strong match.
         SECTION 3.  Section 12.001, Election Code, is amended to
  read as follows:
         Sec. 12.001.  DESIGNATION OF SECRETARY OF STATE AS VOTER
  REGISTRAR. (a) The secretary of state is the chief voter registrar
  of the state and shall maintain the list of registered voters. The
  voter registrar designated under Subsection (b) is the voter
  registrar for all other purposes and shall assist the secretary of
  state in the registration of voters at the direction of the
  secretary of state.
         (b)  Except as provided by Subsection (a), 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 county voter registrar.
         (c)  Unless otherwise provided by a rule adopted under
  Section 12.0011, a reference in this code to the voter registrar, as
  related to voter registration duties, means the county voter
  registrar.
         (d)  The secretary of state shall adopt rules necessary to
  implement this section.
         SECTION 4.  Subchapter A, Chapter 12, Election Code, is
  amended by adding Section 12.0011 to read as follows:
         Sec. 12.0011.  CLASSIFICATION OF VOTER REGISTRATION DUTIES.
  (a) The secretary of state shall adopt rules consistent with
  Section 12.001 that classify the duties and functions placed on a
  voter registrar under this code or another provision of law
  according to whether they are to be performed by the voter registrar
  or by the secretary of state.
         (b)  If a voter registrar is uncertain as to which person
  should perform a specific duty or function that the secretary of
  state has not classified, the person shall request the secretary to
  classify that duty or function, and the secretary shall comply with
  the request as soon as practicable.
         (c)  The secretary of state shall deliver a copy of each rule
  proposed under this section to each voter registrar in the state not
  later than the fifth day after the date notice of the proposal is
  published in the Texas Register and shall deliver a copy of each
  adopted rule to those persons not later than the fifth day after the
  date the certified copy of the rule is filed in the secretary's
  office. Failure to comply with this subsection does not affect the
  validity of a rule.
         (d)  The secretary of state may, on 30 days' notice, adopt a
  rule classifying a duty or function if the rule is needed in a
  shorter time than provided by the regular rulemaking process. The
  rule is considered an emergency rule for purposes of Chapter 2001,
  Government Code. The secretary is not required to give notice of
  the proposed rule under Subsection (c), but the secretary must give
  notice of the rule's adoption under that subsection.
         (e)  Not later than January 1 of each odd-numbered year, the
  secretary of state shall submit a report to the committees of the
  senate and house of representatives with primary jurisdiction over
  elections a report on the implementation of this section and the
  secretary of state's maintenance of the list of registered voters
  under Section 12.001.
         SECTION 5.  Sections 13.002(a) and (i), Election Code, are
  amended to read as follows:
         (a)  A person desiring to register to vote must submit an
  application to the registrar of the county in which the person
  resides. Except as provided by Subsection (e) or Subchapter C,
  Chapter 20, an application must be submitted by personal delivery,
  by mail, or by telephonic facsimile machine in accordance with
  Section 13.143(d-2) [Sections 13.143(d) and (d-2)].
         (i)  An applicant who wishes to receive an exemption from the
  requirements of Section 63.001(b) on the basis of disability must
  submit [include with the person's application]:
               (1)  written documentation:
                     (A)  from the United States Social Security
  Administration evidencing the applicant has been determined to have
  a disability; or
                     (B)  from the United States Department of Veterans
  Affairs evidencing the applicant has a disability rating of at
  least 50 percent; and
               (2)  a statement in a form prescribed by the secretary
  of state that the applicant does not have a form of identification
  acceptable under Section 63.0101.
         SECTION 6.  Subchapter A, Chapter 13, Election Code, is
  amended by adding Section 13.009 to read as follows:
         Sec. 13.009.  ELECTRONIC VOTER REGISTRATION. (a) The
  secretary of state and the Department of Public Safety shall
  jointly implement a program to allow a person who is a citizen of
  the United States and has an unexpired driver's license issued in
  this state to complete a voter registration application
  simultaneously with the person's application for an original,
  renewal, or duplicate driver's license and from the official
  Internet website of this state. The Internet websites of the
  secretary of state and the Department of Public Safety must also
  provide a link to the location of the application on the official
  Internet website of this state.
         (b)  An applicant for electronic voter registration must:
               (1)  attest to the truth of the information provided on
  the application by affirmatively accepting the information as true;
               (2)  affirmatively consent to the use of the signature
  on the applicant's driver's license or personal identification card
  for voter registration purposes;
               (3)  provide the information required under Section
  13.002(c); and
               (4)  provide the audit number and date of issuance of
  the applicant's Texas driver's license issued by the Department of
  Public Safety.
         (c)  For each application the program shall:
               (1)  require that a digital copy of the applicant's
  signature be obtained from the Department of Public Safety; and
               (2)  compare the information provided by the applicant
  against Department of Public Safety records.
         (d)  If the information submitted by an applicant does not
  match Department of Public Safety records, the program shall:
               (1)  notify the applicant that the application is
  incomplete; and
               (2)  advise the applicant to correct and resubmit the
  application.
         (e)  If the information submitted by an applicant matches
  Department of Public Safety records, the program shall forward the
  application to the registrar of the county in which the applicant
  states that the applicant resides and to the secretary of state.
         (f)  An application electronically submitted under this
  section is considered for all purposes as an application submitted
  by mail under this title.
         (g)  The secretary of state shall adopt rules as necessary to
  implement this section, including rules to provide for additional
  security measures necessary to ensure the accuracy and integrity of
  applications submitted electronically.
         (h)  The rules adopted under Subsection (g) must require
  that:
               (1)  the Internet website through which a person may
  complete a voter registration application include a description of
  the offense described by Section 13.007 in a conspicuous location
  on the website near the place where the person begins or submits the
  application; and
               (2)  the state electronic Internet portal project be
  used to authenticate the identity of a person who submits an
  application electronically under this section.
         SECTION 7.  Section 13.046(f), Election Code, is amended to
  read as follows:
         (f)  Except as provided by this subsection, Sections
  13.039[, 13.041,] and 13.042 apply to the submission and delivery
  of registration applications under this section, and for that
  purpose, "volunteer deputy registrar" in those sections includes a
  high school deputy registrar. A high school deputy registrar may
  review an application for completeness out of the applicant's
  presence. A deputy may deliver a group of applications to the
  registrar by mail in an envelope or package, and, for the purpose of
  determining compliance with the delivery deadline, an application
  delivered by mail is considered to be delivered at the time of its
  receipt by the registrar.
         SECTION 8.  Section 13.071, Election Code, is amended to
  read as follows:
         Sec. 13.071.  REVIEW OF APPLICATION. (a) The 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 under Section
  13.001.
         (b)  If the application is submitted to the Department of
  Public Safety in conjunction with an application for an original,
  renewal, or duplicate driver's license or personal identification
  card, the [The] registrar shall make the determination not later
  than the seventh day after the date the application is delivered
  [submitted] to the registrar.
         (c)  If the application is submitted in a manner other than
  the manner described by Subsection (b), the registrar shall forward
  the information relating to the applicant to the secretary of state
  to ensure the voter is not already registered and for determining
  the voter's eligibility under Section 13.001 and citizenship status
  as provided by Section 13.0721.
         (d)  In making a determination under this section, the
  registrar must compare the applicant to the lists maintained under
  Sections 16.002 and 16.003.
         (e)  Notwithstanding a rule adopted under Section 12.0011,
  the secretary of state is the final arbiter of whether an applicant
  for voter registration is eligible for registration.
         SECTION 9.  Section 13.072, Election Code, is amended by
  amending Subsections (a), (c), and (d) and adding Subsections (a-1)
  and (e) to read as follows:
         (a)  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 under Section 13.001; 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; or
                     (C)  if the applicant included a statement
  described by Section 13.002(c)(8)(C), the identity of the applicant
  through other means.
         (a-1)  For an applicant whose information was forwarded to
  the secretary of state under Section 13.071, the registrar may not
  make a determination under Subsection (a)(1) without confirmation
  from the secretary of state that the voter is not already registered
  and is eligible under Section 13.001.
         (c)  Except as provided by Subsection (d), if the registrar
  determines that an application does not comply with Section 13.002
  or does not indicate that the applicant is eligible for
  registration under Section 13.001, the registrar shall reject the
  application.
         (d)  If an application clearly indicates that the applicant
  resides in another county, the registrar shall forward the
  application to the other county's registrar not later than the
  second day after the date the application is received [and, if the
  other county is not contiguous, shall deliver written notice of
  that action to the applicant not later than the seventh day after
  the date the application is received]. The date of submission of a
  completed application to the wrong registrar is considered to be
  the date of submission to the proper registrar for purposes of
  determining the effective date of the registration.
         (e)  The secretary of state shall adopt rules necessary to
  implement this section.
         SECTION 10.  Subchapter C, Chapter 13, Election Code, is
  amended by adding Section 13.0721 to read as follows:
         Sec. 13.0721.  DETERMINATION OF CITIZENSHIP. (a) This
  section does not apply to an application for registration submitted
  to the Department of Public Safety in conjunction with an
  application for an original, renewal, or duplicate driver's
  license.
         (b)  The secretary of state shall verify with the Department
  of Public Safety the citizenship status of each applicant for voter
  registration whose information is forwarded to the secretary of
  state as provided by Section 13.071(c). If the department verifies
  the applicant's citizenship status, the secretary of state shall
  notify the registrar.
         (c)  If the applicant included a statement under Section
  13.002(c)(8)(C) or the secretary of state cannot verify the
  citizenship status of the applicant under Subsection (b), the
  registrar and the applicant shall be notified as provided by
  secretary of state rule.
         (d)  An applicant for voter registration who receives notice
  under Subsection (c) must provide proof of citizenship to the
  registrar not later than the 60th day after the date of receipt.
  Except as provided by Subsection (e), this proof must be presented
  in person. The following is acceptable as proof of citizenship
  under this section:
               (1)  an unexpired passport issued to the person;
               (2)  a certified copy of a birth certificate or other
  document confirming the person's birth that is admissible in a
  court of law and establishes the person's identity, presented with
  a government-issued identification that contains the person's
  photograph; or
               (3)  United States citizenship papers issued to the
  person, presented with a government-issued identification that
  contains the person's photograph.
         (e)  An applicant may mail a certified copy of a document
  described by Subsection (d)(2) or (3) with a copy of the person's
  government-issued photo identification to the registrar.
         (f)  If an applicant does not provide proof of citizenship as
  required, the registrar shall reject the application and notify the
  secretary of state. The secretary of state shall keep a list of
  applicants of whom the secretary receives notice under this
  section.
         (g)  The secretary of state shall adopt rules and prescribe
  procedures to implement this section.
         SECTION 11.  Section 13.076(a), Election Code, is amended to
  read as follows:
         (a)  To [Except as provided by Subsection (b), to] be
  entitled to a hearing on a challenge, the applicant must file a
  written, signed request for a hearing with the secretary of state 
  [registrar] not later than the 10th day after the date of the
  challenge.
         SECTION 12.  Sections 13.077(a), (b), and (c), Election
  Code, are amended to read as follows:
         (a)  On the timely filing or making of a hearing request, the
  secretary of state [registrar] shall schedule a hearing on the
  challenge.
         (b)  The secretary of state [registrar] shall conduct the
  hearing not later than the 10th day after the date the request is
  filed or made or at a later date on the applicant's request.
         (c)  The applicant may appear personally at the hearing to
  offer evidence or argument.  The applicant may offer evidence or
  argument by affidavit without personally appearing if the applicant
  submits the affidavit to the secretary of state [registrar] before
  the hearing begins.
         SECTION 13.  Section 13.078(a), Election Code, is amended to
  read as follows:
         (a)  The secretary of state [registrar] shall deliver to a
  challenged applicant written notice of the date, hour, and place
  set for the hearing on the challenge not later than the second day
  after the date the hearing request is filed or made.
         SECTION 14.  Section 13.079, Election Code, is amended to
  read as follows:
         Sec. 13.079.  DETERMINATION OF CHALLENGE. (a)  After
  hearing and considering the evidence or argument, the secretary of
  state [registrar] shall promptly determine the challenge and issue
  a decision in writing.
         (b)  If the secretary of state [registrar] determines that
  the applicant is eligible for registration or that the manner of
  submission of the application was authorized, the secretary of
  state [registrar] shall approve the application.
         (c)  If the secretary of state [registrar] determines that
  the applicant is not eligible for registration or that the manner of
  submission of the application was unauthorized, the secretary of
  state [registrar] shall reject the application.
         (d)  The secretary of state [registrar] shall retain a copy
  of the decision on file with the applicant's registration
  application and shall deliver a copy to the applicant.
         SECTION 15.  Section 13.142(a), Election Code, is amended to
  read as follows:
         (a)  After approval of a registration application, 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 16.  Sections 13.143(a) and (d-2), Election Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection [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 approved [submitted to the registrar] or on the date
  the applicant becomes 18 years of age, whichever is later.
         (d-2)  For a registration application not submitted by
  personal delivery or mail [telephonic facsimile machine] to be
  effective, a copy of the original registration application
  containing the voter's original signature must be submitted by
  personal delivery or mail and be received by the registrar not later
  than the fourth business day after the submission [transmission by
  telephonic facsimile machine] is received.
         SECTION 17.  Section 15.022(a), Election Code, is amended to
  read as follows:
         (a)  The registrar shall make the appropriate corrections in
  the registration records, including, if necessary, deleting a
  voter's name from the suspense list:
               (1)  after receipt of a notice of a change in
  registration information under Section 15.021;
               (2)  after receipt of a voter's reply to a notice of
  investigation given under Section 16.033;
               (3)  after receipt of any affidavits executed under
  Section 63.006, following an election;
               (4)  after receipt of a voter's statement of residence
  executed under Section 63.0011;
               (5)  before the effective date of the abolishment of a
  county election precinct or a change in its boundary;
               (6)  after receipt of United States Postal Service
  information indicating an address reclassification;
               (7)  after receipt of a voter's response under Section
  15.053; [or]
               (8)  after receipt of a registration application or
  change of address under Chapter 20; or
               (9)  after determining a data entry error has occurred.
         SECTION 18.  Section 15.023, Election Code, is amended to
  read as follows:
         Sec. 15.023.  TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
  If the name of a voter [whose residence is changed] on the list of
  registered voters [registration records to another county election
  precinct in the same county] appears on the suspense list, the
  voter's name shall be deleted from the list on the date the voter
  provides a completed application to register to vote in accordance
  with Section 13.002 [voter's registration in the precinct of new
  residence becomes effective].
         SECTION 19.  Section 15.028, Election Code, is amended to
  read as follows:
         Sec. 15.028.  NOTICE OF UNLAWFUL REGISTRATION OR VOTING [TO
  PROSECUTOR]. [(a)] If the registrar determines that a person who
  is not eligible to vote may have registered to vote or [a registered
  voter] voted in an election, the registrar shall execute and
  deliver to the secretary of state and the county or district
  attorney having jurisdiction in the territory covered by the
  election an affidavit stating the relevant facts.
         [(b)  If the election covers territory in more than one
  county, the registrar shall also deliver an affidavit to the
  attorney general.]
         SECTION 20.  Section 15.051(d), Election Code, is amended to
  read as follows:
         (d)  The registrar shall maintain with the voter's record an
  indication that a confirmation notice was sent to the voter [a list
  of the confirmation notices mailed to voters, which for each notice
  must include the voter's name and the date the notice is mailed.
  The registrar shall maintain and retain the list in accordance with
  rules prescribed by the secretary of state].
         SECTION 21.  Subchapter C, Chapter 15, Election Code, is
  amended by adding Section 15.054 to read as follows:
         Sec. 15.054.  CONFIRMATION NOTICE AFTER EVIDENCE OF CHANGE
  OF RESIDENCE.  (a)  As frequently as possible, the secretary of
  state shall:
               (1)  request from the United States Postal Service
  information from the National Change of Address database indicating
  address reclassifications or changes of address affecting the
  registered voters of the state;
               (2)  examine any information obtained from the
  interstate voter registration crosscheck program under Section
  18.062, indicating address reclassifications or changes of address
  affecting the registered voters of the state; and
               (3)  identify each voter in the state who fails to vote
  in any election, submit an application for a ballot to be voted by
  mail under Chapter 84 or 101, or submit a change in voter
  registration under Chapter 13 or 15 for two years from the date of a
  general election for state and county officers.
         (b)  If information obtained under Subsection (a) gives the
  secretary of state reason to believe a voter has changed the voter's
  residence to a location outside of the county in which the voter is
  registered to vote, the secretary of state shall forward the
  information to the voter registrar for the county in which the voter
  is registered.
         (c)  After receiving information on a voter under Subsection
  (b), the registrar shall deliver a confirmation notice to the voter
  in accordance with Section 15.051.
         SECTION 22.  Section 15.082(b), Election Code, is amended to
  read as follows:
         (b)  The [fee for each] list shall be provided in accordance
  with Chapter 552, Government Code [or portion of a list furnished
  under this section may not exceed the actual expense incurred in
  reproducing the list or portion for the person requesting it and
  shall be uniform for each type of copy furnished. The registrar
  shall make reasonable efforts to minimize the reproduction
  expenses].
         SECTION 23.  Section 16.001(d), Election Code, is amended to
  read as follows:
         (d)  With the cooperation of the secretary of state, the
  Department of Public Safety shall, in accordance with federal law,
  enter into an agreement with the commissioner of social security to
  verify on a quarterly basis the information of voter registration
  records containing a social security number. At a minimum, the
  department shall verify if:
               (1)  the name, date of birth, and social security
  number listed in the commissioner's records match those on record
  with the department; and
               (2)  the commissioner's records show the person to be
  deceased.  [The secretary of state shall quarterly obtain from the
  United States Social Security Administration available information
  specified by the secretary relating to deceased residents of the
  state.]
         SECTION 24.  Section 16.002, Election Code, is amended by
  amending Subsection (b) and adding Subsections (c) and (d) to read
  as follows:
         (b)  The clerk shall file each abstract with the secretary of
  state and the voter registrar of the person's county of residence
  not later than the 10th day of the month following the month in
  which the abstract is prepared.
         (c)  The registrar shall maintain a list containing the name
  of each person for whom the registrar receives an abstract under
  Subsection (a)(1).
         (d)  The registrar shall remove from the list maintained
  under Subsection (c) the name of a person on the date the registrar
  receives an abstract under Subsection (a)(2) or (3) regarding the
  person.
         SECTION 25.  Section 16.003, Election Code, is amended to
  read as follows:
         Sec. 16.003.  FELONY CONVICTION. (a) Each weekday the
  Department of Public Safety is regularly open for business, the
  department shall file with the secretary of state and the voter
  registrar of the person's county of residence an abstract:
               (1)  [prepare an abstract] of each final judgment
  received by the department convicting a person 18 years of age or
  older who is a resident of the state of a felony, including: 
                     (A)  the date of conviction;
                     (B)  the duration of a defendant's sentence or
  term of community supervision, as applicable; and
                     (C)  the date on which the defendant is expected
  to become eligible to vote under Section 11.002; and
               (2)  of each order received by the department pardoning
  a person described by Subdivision (1) or that would otherwise
  release the person from a disability to vote caused by felony
  conviction [file each abstract with the secretary of state].
         (b)  The registrar shall maintain a list containing the name
  of each person for whom the registrar receives an abstract under
  Subsection (a)(1).
         (c)  The registrar shall remove from the list maintained
  under Subsection (b) the name of a person:
               (1)  on the date on which the defendant is expected to
  become eligible to vote as indicated on the abstract received under
  Subsection (a)(1); or
               (2)  on the date the registrar receives an abstract
  under Subsection (a)(2) indicating that the person has become
  eligible to vote.
         SECTION 26.  Section 16.005, Election Code, is amended to
  read as follows:
         Sec. 16.005.  PRESERVATION OF ABSTRACT OR ORDER. If an
  abstract or order received under this subchapter affects a
  registered voter of the county, the registrar shall retain a copy of
  the abstract or order on file with the affected voter's
  registration application.
         SECTION 27.  Section 16.032, Election Code, is amended to
  read as follows:
         Sec. 16.032.  CANCELLATION FOLLOWING END OF SUSPENSE LIST
  PERIOD. If on November 30 following the second general election for
  state and county officers that occurs after the date the voter's
  name is entered on the suspense list a registered voter's name
  appears on the suspense list, the registrar shall cancel the
  voter's registration unless the name is to be deleted from the list
  under Section 15.022 or 15.023.
         SECTION 28.  Section 16.0332(a), Election Code, is amended
  to read as follows:
         (a)  After the registrar receives notification [a list]
  under Section 18.068 of this code or Section 62.113, Government
  Code, of persons excused or disqualified from jury service or
  otherwise determined to be ineligible to vote because of
  citizenship status, the registrar shall deliver to each registered
  voter whose name appears in the notification [on the list] a written
  notice requiring the voter to submit to the registrar proof of
  United States citizenship in the form of a certified copy of the
  voter's birth certificate, United States passport, or certificate
  of naturalization or any other form prescribed by the secretary of
  state. The notice must [shall] be delivered by forwardable mail to
  the mailing address on the voter's registration application and to
  any new address of the voter known to the registrar.
         SECTION 29.  Section 16.036(a), Election Code, is amended to
  read as follows:
         (a)  Immediately after, but not later than the 30th day after
  the date a voter's registration is canceled under Section
  16.031(a)(3) or (4), 16.033, 16.0331, or 16.0332, the registrar
  shall deliver written notice of the cancellation to the voter.
         SECTION 30.  Subchapter C, Chapter 16, Election Code, is
  amended to read as follows:
  SUBCHAPTER C.  CHALLENGE OF CANCELLATION
         Sec. 16.061.  RIGHT TO CHALLENGE CANCELLATION. A person
  whose voter registration is canceled may challenge the cancellation
  at a hearing before the secretary of state [registrar].
         Sec. 16.062.  REQUEST FOR HEARING ON CHALLENGE. A person
  desiring to challenge the cancellation of the person's registration
  must file with the secretary of state [registrar] a written, signed
  request for a hearing on the challenge.
         Sec. 16.063.  REINSTATEMENT PENDING CHALLENGE. (a)  On the
  filing of a hearing request under Section 16.062, the secretary of
  state [registrar] shall reinstate the challenging voter's
  registration pending determination of the challenge.
         (b)  Sections 16.037(c) and (d) apply to a reinstatement
  under this section.
         Sec. 16.064.  HEARING ON CHALLENGE. (a)  On the filing of a
  hearing request, the secretary of state [registrar] shall schedule
  a hearing on the challenge.
         (b)  The secretary of state [registrar] shall conduct the
  hearing not later than the 10th day after the date the request is
  filed or on a later date at the request of the challenging voter.
         (c)  The voter may appear personally at the hearing to offer
  evidence or argument.  The voter may offer evidence or argument by
  affidavit without personally appearing if the voter submits the
  affidavit to the secretary of state [registrar] before the hearing
  begins.
         Sec. 16.065.  NOTICE OF HEARING. The secretary of state 
  [registrar] shall deliver written notice of the date, hour, and
  place set for the hearing on the challenge to the challenging voter
  not later than the second day after the date the hearing request is
  filed.
         Sec. 16.066.  DETERMINATION OF CHALLENGE. (a)  After
  hearing and considering the evidence or argument, the secretary of
  state [registrar] shall promptly determine the challenge and issue
  a decision in writing.
         (b)  If the secretary of state [registrar] determines that
  the registration should not have been canceled, the registration
  continues in effect.
         (c)  If the secretary of state [registrar] determines that
  the cancellation of the registration was proper, the secretary of
  state [registrar] shall cancel the registration on the 31st day
  after the date the secretary of state's [registrar's] decision is
  issued.
         (d)  The secretary of state [registrar] shall retain a copy
  of the decision on file with the duplicate registration certificate
  of the challenging voter and shall deliver a copy to the voter.
         SECTION 31.  Subchapter D, Chapter 16, Election Code, is
  amended to read as follows:
  SUBCHAPTER D.  CHALLENGE OF REGISTRATION
         Sec. 16.091.  RIGHT TO CHALLENGE REGISTRATION. Except as
  otherwise provided by this subchapter, a registered voter may
  challenge the registration of another voter [of the same county] at
  a hearing before the secretary of state [registrar].
         Sec. 16.092.  SWORN STATEMENT REQUIRED. A voter desiring to
  challenge a registration must file with the secretary of state
  [registrar] a sworn statement of the grounds for the challenge
  that:
               (1)  identifies the voter whose registration is being
  challenged; and
               (2)  states a specific qualification for registration
  that the challenged voter has not met based on the personal
  knowledge of the voter desiring to challenge the registration or on
  a public record.
         Sec. 16.0921.  CONFIRMATION NOTICE ON CHALLENGE BASED ON
  RESIDENCE. (a)  Except as provided by Subsection (c), on the filing
  of a sworn statement under Section 16.092 alleging a ground based on
  residence, the secretary of state shall promptly forward a copy of
  the sworn statement to the voter registrar who shall promptly
  deliver to the voter whose registration is challenged a
  confirmation notice in accordance with Section 15.051.
         (b)  If the voter fails to submit a response to the registrar
  in accordance with Section 15.053, the registrar shall enter the
  voter's name on the suspense list.
         (c)  The registrar may not deliver a confirmation notice
  resulting from a sworn statement under Section 16.092 alleging a
  ground based on residence filed after the 75th day before the date
  of the general election for state and county officers until after
  the date of that election.  This subsection does not apply to a
  person who submits a registration application after the 75th day
  and prior to the 30th day before the general election for state and
  county officers.
         Sec. 16.093.  HEARING ON CHALLENGE. (a)  On the filing of a
  sworn statement under Section 16.092 alleging a ground other than
  residence, the secretary of state [registrar] shall schedule a
  hearing on the challenge. The hearing procedure does not apply to
  an allegation of a ground based on residence.
         (b)  The secretary of state [registrar] shall conduct the
  hearing not later than the 20th day after the date the statement is
  filed or on a later date requested by either party and agreed to by
  both parties.
         (c)  A party may appear personally at the hearing to offer
  evidence or argument.  A party may offer evidence or argument by
  affidavit without personally appearing if the party submits the
  affidavit to the secretary of state [registrar] before the hearing
  begins.
         Sec. 16.094.  NOTICE OF HEARING. (a)  The secretary of state 
  [registrar] shall deliver written notice of the hearing on the
  challenge to each party to the controversy not later than the 15th
  day before the date of the hearing.
         (b)  The notice must include:
               (1)  the date, hour, and place set for the hearing; and
               (2)  a brief explanation of the right to appeal the
  secretary of state's [registrar's] decision.
         (c)  The notice delivered to the voter whose registration is
  challenged must be accompanied by a copy of the sworn statement of
  the grounds for the challenge.
         Sec. 16.095.  DETERMINATION OF CHALLENGE. (a)  After
  hearing and considering the evidence or argument, the secretary of
  state [registrar] shall promptly determine the challenge and issue
  a decision in writing.
         (b)  If the secretary of state [registrar] determines that
  the voter's registration should not be canceled, the registration
  continues in effect.
         (c)  If the secretary of state [registrar] determines that
  the voter's registration should be canceled, the secretary of state 
  [registrar] shall cancel the registration on the 31st day after the
  date the secretary of state's [registrar's] decision is issued.
         (d)  The secretary of state [registrar] shall retain a copy
  of the decision on file [with the duplicate registration
  certificate of the voter whose registration was challenged] and
  shall deliver a copy to each party to the challenge.
         SECTION 32.  Section 17.001, Election Code, is amended to
  read as follows:
         Sec. 17.001.  RIGHT OF APPEAL BY APPLICANT FOR REGISTRATION.
  An applicant for voter registration is entitled to appeal an
  adverse decision issued by the secretary of state [registrar] under
  Section 13.079.
         SECTION 33.  Section 17.002, Election Code, is amended to
  read as follows:
         Sec. 17.002.  RIGHT OF APPEAL BY REGISTERED VOTER. A party
  to a challenge under Subchapter C or D of Chapter 16 is entitled to
  appeal an adverse decision issued by the secretary of state
  [registrar].
         SECTION 34.  Section 17.004, Election Code, is amended to
  read as follows:
         Sec. 17.004.  COPY FILED WITH SECRETARY OF STATE
  [REGISTRAR]. (a)  Not later than the deadline for filing a petition
  for review, the petitioner must deliver a copy of the petition to
  the secretary of state [registrar who issued the adverse decision].
         (b)  A petition delivered by mail is considered to be
  delivered at the time of its receipt by the secretary of state
  [registrar].
         SECTION 35.  Section 17.005, Election Code, is amended to
  read as follows:
         Sec. 17.005.  CANCELLATION DELAYED PENDING APPEAL. If a
  voter's registration is to be canceled following a decision from
  which an appeal is taken, the secretary of state [registrar] shall
  delay canceling the registration, pending the outcome of the
  appeal, on the timely delivery of the copy of the petition for
  review.
         SECTION 36.  Section 17.006, Election Code, is amended to
  read as follows:
         Sec. 17.006.  VENUE. Venue of an appeal under this chapter
  is in the county where the person whose application or registration
  is being challenged resides [served by the registrar who issued the
  decision from which the appeal is taken].
         SECTION 37.  Section 17.007(c), Election Code, is amended to
  read as follows:
         (c)  The court may not admit in evidence the fact of prior
  action by the secretary of state [registrar], except to the extent
  necessary to establish its jurisdiction.
         SECTION 38.  Section 18.061(b), Election Code, is amended to
  read as follows:
         (b)  The statewide computerized voter registration list
  must:
               (1)  contain the name and registration information of
  each voter registered in the state;
               (2)  assign a unique identifier to each registered
  voter; [and]
               (3)  assign an electronic indicator to a registered
  voter about whom the secretary of state has received an abstract
  under Section 16.002 or 16.003 without removing that voter from the
  list; and
               (4)  be available to any election official in the state
  through immediate electronic access.
         SECTION 39.  Section 18.064, Election Code, is amended to
  read as follows:
         Sec. 18.064.  SANCTION FOR NONCOMPLIANCE. If a registrar
  fails to substantially comply with Section 15.083, 16.032, 16.0332,
  [or] 18.061, or 18.068 or with rules adopted by the secretary of
  state implementing the statewide computerized voter registration
  list, the registrar is not entitled to receive state funds for
  financing voter registration in the county.
         SECTION 40.  Section 18.065, Election Code, is amended by
  amending Subsection (a) and adding Subsection (e) to read as
  follows:
         (a)  The secretary of state shall monitor each registrar for
  substantial compliance with Sections 15.083, 16.032, 16.0332,
  [and] 18.061, and 18.068 and with rules implementing the statewide
  computerized voter registration list.
         (e)  The secretary of state shall annually audit the voter
  registrar for each county's compliance with Sections 15.083,
  16.032, 16.0332, 18.061, and 18.068, and not later than December
  31, file a copy of the audit with the legislature.
         SECTION 41.  Section 18.068, Election Code, is amended to
  read as follows:
         Sec. 18.068.  COMPARISON OF INFORMATION REGARDING
  INELIGIBILITY. (a) The secretary of state shall as frequently as
  possible [quarterly] compare the information received under
  Sections [Section] 16.001, 16.002, and 16.003 of this code and
  Section 62.113, Government Code, to the statewide computerized
  voter registration list.
         (a-1)  The secretary of state shall enter into an agreement
  with the Department of Public Safety under which information in the
  database of the Department of Public Safety is provided to the
  secretary of state if the information concerns a person who:
               (1)  is at least 18 years of age;
               (2)  has a valid driver's license or personal
  identification card issued by the Department of Public Safety; and
               (3)  has indicated the person is not a citizen in
  connection with an application for a new or renewal driver's
  license or personal identification card.
         (a-2)  If the secretary of state determines from information
  received under Subsection (a) or (a-1) that a voter on the
  registration list may be ineligible to vote [is deceased or has been
  excused or disqualified from jury service because the voter is not a
  citizen], the secretary shall send notice of the determination to
  the attorney general and the voter registrar of the counties
  considered appropriate by the secretary.
         (b)  The secretary of state shall by rule determine what
  information combinations identified as common to a voter and to an
  individual who is deceased or ineligible to vote constitute a weak
  match or a strong match in order to:
               (1)  produce the least possible impact on Texas voters;
  and
               (2)  fulfill its responsibility to manage the voter
  rolls.
         (c)  The secretary of state may not determine that a voter is
  deceased or ineligible to vote based on a weak match.  The
  secretary of state may inform the county of the voter's residence
  that a weak match exists.
         (d)  On receiving notification from the secretary of state
  under Subsection (c) that a weak match of identifying information
  exists for a county voter and an individual who is deceased, the
  county shall investigate whether the voter is the individual who is
  deceased.
         (e)  The secretary of state may determine that a voter is
  deceased or ineligible to vote based on a strong match.
         (f)  The secretary of state may obtain, for purposes of
  determining whether a voter is deceased or ineligible to vote,
  information from other state agency databases or available federal
  agency databases relating to a voter that is the same type of
  information that the secretary of state or a voter registrar
  collects or stores for voter registration purposes.
         (g)  Not later than December 31 of each year, the secretary
  of state shall provide a report to the legislature of the number of
  voters determined to be ineligible under this section during the
  calendar year. The report must include the reason for
  ineligibility for each voter and the result of each investigation
  conducted by a county under Subsection (d).
         SECTION 42.  Section 18.0681(d), Election Code, is amended
  to read as follows:
         (d)  If the secretary of state determines that a voter on the
  registration list has more than one registration record on file
  based on a strong match, the secretary shall send notice of the
  determination to the voter registrar of each county in which the
  voter is registered to vote.  If the voter records identified are:
               (1)  located in the same county, the voter registrar
  shall [may] merge the records following a determination that each
  record belongs to the same voter using the procedure for the
  correction of registration records under Section 15.022; or
               (2)  located in more than one county, the registrar of
  the county with the oldest record shall [may] deliver a written
  confirmation notice in accordance with Section 15.051.
         SECTION 43.  Section 18.069, Election Code, is amended to
  read as follows:
         Sec. 18.069.  VOTING HISTORY. Not later than the 30th day
  after the date of the primary, runoff primary, or general election
  or any special election ordered by the governor, the general
  custodian of election records [registrar] shall electronically
  submit to the secretary of state the record of each voter
  participating in the election. The record must include a notation
  of whether the voter voted on election day, voted early by personal
  appearance, voted early by mail under Chapter 86, or voted early by
  mail under Chapter 101.
         SECTION 44.  Section 20.062, Election Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  The Department of Public Safety shall prescribe and use
  a form and procedure that combines the department's application
  form for a license or card with an officially prescribed voter
  registration application form for each United States citizen who
  applies in person at the department's offices or online at the
  department's Internet website.
         (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.
         (d)  A procedure prescribed under this section must provide
  for the electronic transmission of an applicant's voter
  registration data by the department to the secretary of state in
  accordance with Section 20.066.
         SECTION 45.  Sections 20.063(a) and (c), Election Code, are
  amended to read as follows:
         (a)  The Department of Public Safety shall provide to each
  United States citizen [person] who applies in person or online at
  the department's Internet website [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 an
  opportunity to complete 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 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 voter
  registrar for the purpose of determining the effective date of
  registration [only].
         SECTION 46.  Section 20.091, Election Code, is amended to
  read as follows:
         Sec. 20.091.  APPLICABILITY OF OTHER PROVISIONS. The other
  provisions of this chapter do not apply to a public library unless
  specifically provided by the provision or by a rule adopted by the
  secretary of state [except provisions that conflict with this
  subchapter].
         SECTION 47.  Section 31.006(a), Election Code, is amended to
  read as follows:
         (a)  If, based on information received or discovered [after
  receiving a complaint alleging criminal conduct in connection with
  an election], the secretary of state determines that there is
  reasonable cause to suspect that [the alleged] criminal conduct in
  connection with an election occurred, the secretary shall promptly
  refer the matter [complaint] to the attorney general. The
  secretary shall deliver to the attorney general all pertinent
  documents and other material in the secretary's possession.
         SECTION 48.  Section 66.058, Election Code, is amended by
  adding Subsection (i) to read as follows:
         (i)  Upon written request from a certified peace officer
  investigating an offense under this code or an attorney prosecuting
  an offense under this code, the authority who is preserving
  election records under this section shall provide the officer or
  attorney the complete, unredacted records requested. Information
  produced under this subsection is confidential and not subject to
  disclosure under Chapter 552, Government Code.
         SECTION 49.  The following provisions of the Election Code
  are repealed:
               (1)  Section 13.041;
               (2)  Section 13.074(c);
               (3)  Section 13.076(b);
               (4)  Section 13.077(d);
               (5)  Section 13.078(b);
               (6)  Sections 13.143(d) and (e);
               (7)  Sections 15.082(c) and (d);
               (8)  Subchapter F, Chapter 15;
               (9)  Section 18.0121;
               (10)  Section 18.0051; and
               (11)  Section 18.008(c).
         SECTION 50.  The changes in law made by this Act apply only
  to an application to register to vote submitted on or after the
  effective date of this Act.
         SECTION 51.  Section 6, Article 42.03, Code of Criminal
  Procedure, as added by this Act, and Sections 16.003 and 16.005,
  Election Code, as amended by this Act, apply only to a person
  convicted of a felony on or after the effective date of this Act.
         SECTION 52.  The secretary of state and the Department of
  Public Safety of the State of Texas are required to implement a
  provision of this Act only if the legislature appropriates money
  specifically for that purpose. If the legislature does not
  appropriate money specifically for that purpose, the secretary of
  state or the Department of Public Safety of the State of Texas may,
  but is not required to, implement a provision of this Act using
  other appropriations available for that purpose.
         SECTION 53.  This Act takes effect September 1, 2021.
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