Bill Text: TX SB61 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas Senate Bill 61 (Prior Session Legislation)

Introduced

Bill Title: Relating to the Barbara Jordan Fair Elections Act.

Sponsorship: Partisan Bill (Democrat 13)

Status: (Introduced - Dead) 2021-07-09 - Filed [SB61 Detail]

Download: Texas-2021-SB61-Introduced.html



	By: West, et al.	S.B. No. 61


	A BILL TO BE ENTITLED
	AN ACT

	Relating to the Barbara Jordan Fair Elections Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. GENERAL PROVISIONS
	SECTION 1.01. SHORT TITLE. This Act may be cited as the
	Barbara Jordan Fair Elections Act.
	SECTION 1.02. PURPOSE. The purpose of this Act is to
	exercise the legislature's constitutional authority under Section
	2, Article VI, Texas Constitution, to ensure that "The privilege of
	free suffrage shall be protected by laws regulating elections and
	prohibiting under adequate penalties all undue influence in
	elections from power, bribery, tumult, or other improper practice."
	SECTION 1.03. FINDINGS. The legislature finds that:
	(1) full, free, and fair elections are the
	underpinnings of a stable constitutional democracy;
	(2) the privilege of free suffrage shall be protected
	by laws regulating elections;
	(3) maximizing the potential for safe, secure, and
	accessible elections and enhancing the opportunities to vote
	strengthen our constitutional democracy and provide for wide-scale
	confidence in elections;
	(4) additionally, preventing a valid vote from being
	cast or counted violates the basic constitutional rights guaranteed
	to each citizen by the United States Constitution and the law of the
	land; and
	(5) providing for voter access and increasing the
	stability of a constitutional democracy ensures public confidence
	in the legitimacy of public officers chosen by election.
	SECTION 1.04. Chapter 1, Election Code, is amended by
	adding Section 1.0015 to read as follows:
	Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the
	legislature that the application of this code and the conduct of
	elections shall be uniform and consistent throughout this state to
	promote voter access and ensure that all lawfully cast votes are
	counted.
	SECTION 1.05. Section 1.003, Election Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) A public official shall construe the provisions of
	this code broadly to effect the intent of the legislature under
	Section 1.0015.
	ARTICLE 2. VOTER REGISTRATION
	SECTION 2.01. 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 shall implement a program to allow a person to
	complete a voter registration application over the Internet from
	the official website of this state. The 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 website of
	this state.
	(b) An applicant for electronic voter registration who has a
	driver's license or personal identification card issued in this
	state, regardless of whether the license or card is unexpired,
	must:
	(1) attest to the truth of the information provided on
	the application by affirmatively accepting the information as true;
	and
	(2) affirmatively consent to the use of the signature
	on the applicant's driver's license or personal identification card
	for voter registration purposes.
	(c) An applicant for electronic voter registration who does
	not have a driver's license or personal identification card issued
	in this state must:
	(1) attest to the truth of the information provided on
	the application by affirmatively accepting the information as true;
	and
	(2) print a registration application from the website
	the applicant is using to register, sign the application, and mail
	it to the registrar.
	(d) For each application submitted under Subsection (b),
	the program must require that a digital copy of the applicant's
	signature be obtained from the Department of Public Safety.
	(e) For each application submitted under Subsection (c),
	the program must provide the applicant with:
	(1) a registration application that the applicant can
	print from the registration website, sign, and mail to the
	registrar as required under Subsection (c)(2); and
	(2) information about how the applicant can obtain a
	driver's license or personal identification card from the
	Department of Public Safety.
	(f) An application submitted under this section is
	considered for all purposes 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 2.02. Sections 84.001(b) and (d), Election Code,
	are amended to read as follows:
	(b) An application must be in writing and signed by the
	applicant. Except as provided by Section 84.0091, an [An]
	electronic signature is not permitted.
	(d) An application must be submitted [~~by mail~~] to the early
	voting clerk for the election who serves the election precinct of
	the applicant's residence.
	SECTION 2.03. Subchapter A, Chapter 13, Election Code, is
	amended by adding Section 13.009 to read as follows:
	Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF
	PUBLIC SAFETY. (a) The voter registrar of each county shall
	automatically register any county resident 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.
	SECTION 2.04. 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 2.05. 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 2.06. 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 voter registrar 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 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 2.07. 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 2.08. Section 13.001, Election Code, is amended by
	amending Subsections (a) and (b) and adding Subsections (d) and (e)
	to read as follows:
	(a) To be eligible for registration as a voter in this
	state, a person must:
	(1) except as provided by Subsection (d), be 18 years
	of age or older;
	(2) be a United States citizen;
	(3) not have been determined by a final judgment of a
	court exercising probate jurisdiction to be:
	(A) totally mentally incapacitated; or
	(B) partially mentally incapacitated without the
	right to vote;
	(4) not have been finally convicted of a felony or, if
	so convicted, must have:
	(A) fully discharged the person's sentence,
	including any term of incarceration, parole, or supervision, or
	completed a period of probation ordered by any court; or
	(B) been pardoned or otherwise released from the
	resulting disability to vote; and
	(5) be a resident of the county in which application
	for registration is made.
	(b) Except as provided by Subsection (d), to [To] be
	eligible to apply for registration, a person must, on the date the
	registration application is submitted to the registrar, be at least
	17 years and 10 months of age and satisfy the requirements of
	Subsection (a) except for age.
	(d) A person who will be 18 years of age or older on the date
	of the next general election for state and county officers is
	eligible to register as a voter in this state for the purposes of
	voting in the primary election to determine a political party's
	nominees for the general election if the person satisfies the
	requirements of Subsection (a) except for age. The secretary of
	state shall prescribe procedures necessary to implement this
	subsection.
	(e) The voter registrar may send a written notice to each
	person who registers to vote under Subsection (d) stating that the
	person is only eligible to vote in a primary election or runoff
	primary election and that the person is not eligible to vote in any
	other election until the person is 18 years of age. The notice may
	list the elections in which the person is not eligible to vote.
	SECTION 2.09. Subchapter A, Chapter 172, Election Code, is
	amended by adding Section 172.005 to read as follows:
	Sec. 172.005. VOTING BY PERSON UNDER AGE 18. (a)
	Notwithstanding Section 11.001, a person may vote in a primary
	election if the person:
	(1) will be 18 years of age or older on the date of the
	subsequent general election for state and county officers; and
	(2) satisfies the requirements for being a qualified
	voter except for age.
	(b) The secretary of state, after consulting with the state
	chairman of each political party required to make nominations by
	primary election, shall prescribe the procedures necessary to
	implement this section.
	SECTION 2.10 Chapter 521A, Texas Transportation Code is
	amended as follows:
	Sec. 521A.002. ELECTION IDENTIFICATION CERTIFICATE FOR
	HIGH SCHOOL STUDENTS. (a) The Department shall, at no cost to the
	student, issue an election identification certificate to any
	student who requests one and:
	(1) is, on the date of the request, at least 17 years
	and five months of age; and
	(2) provides proof of enrollment showing the student
	is currently enrolled in a Texas public high school, private
	school, public or private charter school, or accredited homeschool
	program.
	SECTION 2.11. Chapter 63, Election Code, is amended by
	adding Section 63.010 to read as follows:
	Sec. 63.010. REGISTRATION AT POLLING PLACE. (a) A person
	who would be eligible to vote in an election under Section 11.001,
	but for the requirement to be a registered voter, shall be accepted
	during voting by personal appearance for voting the ballot for the
	precinct of the person's residence as shown by the identification
	presented if, on the day the person offers to vote, the person:
	(1) submits a voter registration application that
	complies with Section 13.002 to an election officer at the polling
	place; and
	(2) presents as proof of residence a form of photo
	identification described by Section 63.0101(a) that states the
	person's current address.
	(b) The election officer shall return the original proof of
	residence to the voter.
	(c) A person voting under this section shall vote a
	provisional ballot in the manner provided by Section 63.011 except
	that the person is not required to submit the affidavit under
	Section 63.011(a).
	(d) For each registration corresponding to a ballot cast
	under this section, the voter registrar shall review the
	application and determine whether the applicant is eligible for
	registration as provided by Subchapter C, Chapter 13. A
	registration approved under this subsection takes effect on the
	date the vote was cast.
	ARTICLE 3. VOTE BY MAIL
	SECTION 3.01. Section 82.005, Election Code, is amended to
	read as follows:
	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [~~BY PERSONAL~~
	~~APPEARANCE~~]. Any qualified voter is eligible for early voting by
	mail or personal appearance.
	SECTION 3.02. Section 84.007(a), Election Code, is amended
	to read as follows:
	(a) Except as provided by Sections 84.008, [~~and~~] 84.009, and
	84.0091, an application for a ballot to be voted by mail must be
	submitted as provided by this section.
	SECTION 3.03. Subchapter A, Chapter 84, Election Code, is
	amended by adding Section 84.0091 to read as follows:
	Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
	MAIL: ELECTRONIC SUBMISSION. The secretary of state shall
	implement a program to allow a person to complete an application for
	an early voting ballot by mail over the Internet from the official
	website of this state. The program must:
	(1) permit an applicant to electronically sign the
	application;
	(2) deliver a completed application to the early
	voting clerk for the election who serves the election precinct of
	the applicant's residence; and
	(3) permit an applicant to check the status of the
	applicant's application.
	SECTION 3.04. Subchapter C, Chapter 87, Election Code, is
	amended by adding Section 87.0411 to read as follows:
	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
	BALLOT BOARD. (a) This section applies to an early voting ballot
	voted by mail:
	(1) for which the voter did not sign the carrier
	envelope certificate;
	(2) for which it cannot immediately be determined
	whether the signature on the carrier envelope certificate is that
	of the voter; or
	(3) that does not contain a statement of residence
	form if required under Section 86.002(a).
	(b) Before deciding whether to accept or reject a ballot
	under Section 87.041, the early voting ballot board shall notify a
	voter within one business day of the discovery of a defect under
	Subsection (a) to advise the voter of the defect and provide the
	voter an opportunity to correct the defect by providing:
	(1) if the defect involves the voter's signature:
	(A) the following identification:
	(i) the identification number from an
	unexpired driver's license, election identification certificate,
	or personal identification card issued to the voter by the
	Department of Public Safety;
	(ii) the last four digits of the voter's
	social security number; or
	(iii) if the voter does not possess any
	identification described by Subparagraph (i) or (ii), a form of
	identification described by Section 63.0101; and
	(B) a signed cure attestation in a form
	prescribed by the secretary of state stating that the ballot at
	issue is that of the voter; or
	(2) if the defect involves a required statement of
	residence form, a signed and completed statement of residence form.
	(c) Subsection (b) does not apply if the early voting ballot
	board determines that it would be impossible to correct the defect
	before the ninth day after the date of the election.
	(d) A voter may submit materials listed under Subsection (b)
	to the early voting clerk by:
	(1) personal delivery;
	(2) mail;
	(3) e-mail; or
	(4) telephonic facsimile machine, if a machine is
	available in the clerk's office.
	(e) The notice under Subsection (b) must:
	(1) inform the voter that the voter's vote will not be
	counted unless the voter submits the materials listed under
	Subsection (b) not later than the ninth day after the date of the
	election;
	(2) instruct the voter on the methods of returning the
	materials listed under Subsection (b);
	(3) include a copy of the cure attestation or
	statement of residence in the form prescribed by the secretary of
	state; and
	(4) direct the voter to the location of the cure
	attestation or statement of residence form on the secretary of
	state's Internet website.
	(f) The early voting ballot board shall provide notice to
	the voter under Subsection (b) by mail and any other method
	reasonably calculated to provide sufficient time for the voter to
	submit the required materials before the deadline prescribed by
	this section.
	(g) The early voting ballot board is not required to provide
	notice under Subsection (b) if the board makes a determination
	under Section 87.027(j) that the signature on the carrier envelope
	certificate and ballot application are those of the voter.
	(h) If the early voting ballot board does not provide notice
	to the voter under Subsection (b) and the ballot meets the
	requirements of Sections 87.041(b)(1), (3), (4), (5), (6), and (7),
	the board shall accept the ballot in the manner provided by Section
	87.042.
	(i) The secretary of state shall:
	(1) prominently display and maintain on the main page
	of the secretary's Internet website a link to blank versions of the
	statement of residence form and the cure attestation described by
	Subsection(b); and
	(2) adopt rules and prescribe forms as necessary to
	implement this section.
	(j) A statement of residence form or a cure attestation
	prescribed under this section must include clear instructions for
	completion and notice of the penalties associated with election
	fraud and voting more than once in an election. The cure attestation
	and statement of residence may not require the voter to have the
	form notarized or signed by a witness.
	(k) The signature provided by the voter on a cure
	attestation or a statement of residence form shall be placed on file
	with the county clerk or voter registrar to allow its use for future
	signature comparison as provided by Sections 87.027(i) and
	87.041(e).
	ARTICLE 4. POLLING PLACES
	SECTION 4.01. Subchapter A, Chapter 43, Election Code, is
	amended by adding Section 43.008 to read as follows:
	Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
	"institution of higher education" has the meaning assigned by
	Section 61.003, Education Code.
	(b) The commissioners court of a county shall designate as a
	polling place a number of locations on the main campus of an
	institution of higher education located in the county as follows:
	(1) if at least 5,000 but fewer than 10,000 students
	are enrolled at the institution, one location; or
	(2) if at least 10,000 students are enrolled at the
	institution, two locations and one additional location for every
	10,000 students enrolled at the institution over 10,000 students.
	SECTION 4.02. Section 85.005(c), Election Code, is amended
	as follows:
	(c) In a county with a population of 30,000 [~~100,000~~] or
	more, the voting in a primary election or the general election for
	state and county officers shall be conducted at the main early
	voting polling place for at least 12 hours on each weekday of the
	last week of the early voting period, and the voting in a special
	election ordered by the governor shall be conducted at the main
	early voting polling place for at least 12 hours on each of the last
	two days of the early voting period. Voting shall be conducted in
	accordance with this subsection in those elections in a county with
	a population under 30,000 [~~100,000~~] on receipt by the early voting
	clerk of a written request for the extended hours submitted by at
	least 15 registered voters of the county. The request must be
	submitted in time to enable compliance with Section 85.067.
	SECTION 4.03. Section 43.007(i), Election Code, is
	repealed.
	SECTION 4.04. Sections 43.007(c) and (d), Election Code,
	are amended to read as follows:
	(c) In conducting the program, the secretary of state shall
	provide for an audit of the voting system equipment [~~direct~~
	~~recording electronic voting units~~] before and after the election,
	and during the election to the extent such an audit is practicable.
	(d) The secretary of state shall select to participate in
	the program each county that:
	(1) has held a public hearing under Subsection (b);
	(2) has submitted documentation listing the steps
	taken to solicit input on participating in the program by
	organizations or persons who represent the interests of voters;
	(3) has implemented a computerized voter registration
	list that allows an election officer at the polling place to verify
	that a voter has not previously voted in the election;
	(4) uses direct recording electronic voting machines,
	ballot marking devices, or hand-marked scannable paper ballots that
	are printed and scanned at the polling place or any other type of
	voting system equipment that the secretary of state determines is
	capable of processing votes for each type of ballot to be voted in
	the county; and
	(5) is determined by the secretary of state to have the
	appropriate technological capabilities.
	ARTICLE 5. VOTING BY PERSONAL APPEARANCE
	SECTION 5.01. Section 85.001(a), Election Code, is amended
	to read as follows:
	(a) The period for early voting by personal appearance
	begins on the 21st [~~17th~~] day before election day and continues
	through the fourth day before election day, except as otherwise
	provided by this section.
	SECTION 5.02. Section 13.002(i), Election Code, as
	effective September 1, 2021, is amended to read as follows:
	(i) An applicant who wishes to receive an exemption from the
	requirements of Section 63.001(b) on the basis of disability must
	submit:
	(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
	required by Section 63.001(b) in a form described by [~~acceptable~~
	~~under~~] Section 63.0101.
	SECTION 5.03. Sections 63.001(b) and (i), Election Code,
	are amended to read as follows:
	(b) Except as provided by Subsection (h), on offering to
	vote, a voter must present to an election officer at the polling
	place:
	(1) one form of photo identification listed in Section
	63.0101(a); [or]
	(2) one form of identification listed in Section
	63.0101(b)(1), (2), or (3) accompanied by the declaration described
	by Subsection (i);
	(3) two forms of identification listed under Section
	63.0101(b), including one form that contains the voter's current
	address; or
	(4) two forms of identification listed under Section
	63.0101(b)(4) accompanied by the declaration described by
	Subsection (i).
	(i) If the requirement for identification prescribed by
	Subsection (b)(1) or (3) is not met, an election officer shall
	notify the voter that the voter may be accepted for voting if the
	voter meets the requirement for identification prescribed by
	Subsection (b)(2) or (4) and executes a declaration declaring the
	voter has a reasonable impediment to meeting the requirement for
	identification prescribed by Subsection (b)(1) or (3). A person is
	subject to prosecution for perjury under Chapter 37, Penal Code, or
	Section 63.0013 for a false statement or false information on the
	declaration. The secretary of state shall prescribe the form of the
	declaration. The form shall include:
	(1) a notice that a person is subject to prosecution
	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
	false statement or false information on the declaration;
	(2) a statement that the voter swears or affirms that
	the information contained in the declaration is true, that the
	person described in the declaration is the same person appearing at
	the polling place to sign the declaration, and that the voter faces
	a reasonable impediment to procuring the identification prescribed
	by Subsection (b)(1) or (3);
	(3) a place for the voter to indicate one of the
	following impediments:
	(A) lack of transportation;
	(B) lack of birth certificate or other documents
	needed to obtain the identification prescribed by Subsection
	(b)(1);
	(C) work schedule;
	(D) lost or stolen identification;
	(E) disability or illness;
	(F) family responsibilities; and
	(G) the identification prescribed by Subsection
	(b)(1) or (3) has been applied for but not received;
	(4) a place for the voter to sign and date the
	declaration;
	(5) a place for the election judge to sign and date the
	declaration;
	(6) a place to note the polling place at which the
	declaration is signed; and
	(7) a place for the election judge to note which form
	of identification prescribed by Subsection (b)(2) or (4) the voter
	presented.
	SECTION 5.04. Sections 63.0101(a) and (b), Election Code,
	are amended to read as follows:
	(a) The following documentation is an acceptable form of
	photo identification under this chapter:
	(1) a driver's license, election identification
	certificate, or personal identification card issued to the voter
	[~~person~~] by the Department of Public Safety that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(2) a United States military identification card that
	contains the voter's [~~person's~~] photograph that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(3) a United States citizenship certificate issued to
	the voter [~~person~~] that contains the voter's [~~person's~~] photograph;
	(4) a United States passport book or card issued to the
	voter [~~person~~] that has not expired or that expired no earlier than
	four years before the date of presentation; [or]
	(5) a license to carry a handgun issued to the voter
	[~~person~~] by the Department of Public Safety that has not expired or
	that expired no earlier than four years before the date of
	presentation;
	(6) an official Native American tribal document that:
	(A) contains the voter's photograph and address;
	and
	(B) is issued by a tribe that is federally
	recognized and located in this state; or
	(7) any other official government document issued to
	the voter and containing the voter's name, address, and photograph.
	(b) The following documentation is acceptable as proof of
	identification under this chapter:
	(1) a government document that shows the name and
	address of the voter, including the voter's voter registration
	certificate;
	(2) one of the following documents that shows the name
	and address of the voter:
	(A) a copy of a current utility bill;
	(B) a bank or credit union statement;
	(C) a government check; or
	(D) a paycheck or pension plan statement; [or]
	(3) a certified copy of a domestic birth certificate
	or other document confirming birth that is admissible in a court of
	law and establishes the voter's [~~person's~~] identity; or
	(4) two of the following documents issued or delivered
	to the voter, one of which must contain the name and address of the
	voter:
	(A) a Medicare, Medicaid, or Department of
	Veterans Affairs identification card or other health insurance
	identification card;
	(B) a Department of Defense identification card;
	(C) a social security identification card;
	(D) a credit or debit card;
	(E) a student identification card issued by a
	public or private high school or institution of higher education;
	(F) a Texas Department of Criminal Justice
	document indicating release or parole;
	(G) a fishing or hunting license;
	(H) a lease or mortgage for real property;
	(I) a motor vehicle title;
	(J) an insurance certificate, policy
	declaration, or other document demonstrating proof of insurance;
	(K) an official Native American tribal document
	that is issued by a tribe that is federally recognized and located
	in this state;
	(L) a property tax assessment;
	(M) a letter of confirmation of residence, letter
	of stay, admission form, or statement of benefits from:
	(i) a student residence at a public or
	private institution of higher education;
	(ii) a nursing home or other long-term care
	facility or a retirement center; or
	(iii) a shelter.
	(N) a document listed in Subdivision (1), (2), or
	(3); or
	(O) another government document containing the
	voter's name.
	SECTION 5.05. Section 63.011(b), Election Code, is amended
	to read as follows:
	(b) A form for an affidavit required by this section must be
	printed on an envelope in which the provisional ballot voted by the
	person may be placed and must include:
	(1) a space for entering the identification number of
	the provisional ballot voted by the person; and
	(2) a space for an election officer to indicate
	whether the person presented [~~a form of~~] identification required by
	Section 63.001(b) in a form described by Section 63.0101.
	SECTION 5.06. Section 65.0541(a), Election Code, is amended
	to read as follows:
	(a) A voter who is accepted for provisional voting under
	Section 63.011 because the voter does not meet the identification
	requirements of Section 63.001(b) may, not later than the sixth day
	after the date of the election:
	(1) present [~~a form of~~] identification required by
	Section 63.001(b) in a form described by Section 63.0101 to the
	voter registrar for examination; or
	(2) execute an affidavit described by Section
	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
	SECTION 5.07. Section 86.006(a-1), Election Code, is
	amended to read as follows:
	(a-1) The voter may deliver a marked ballot in person to the
	early voting clerk's office only while the polls are open on
	election day. A voter who delivers a marked ballot in person must
	present identification required by Section 63.001(b) in a [an
	~~acceptable~~] form [~~of identification~~] described by Section 63.0101.
	SECTION 5.08. Section 64.012, Election Code, is amended by
	adding Subsection (c) to read as follows:
	(c) It is an exception to the application of Subsection
	(a)(1) that the person:
	(1) voted or attempted to vote a provisional ballot in
	accordance with Section 63.011; and
	(2) did not know:
	(A) of the particular circumstances that made the
	person not eligible to vote in the election; or
	(B) that those circumstances made the person not
	eligible to vote in the election.
	SECTION 5.09. The change in law made by this Act applies
	only to an offense committed on or after the effective date of this
	Act. An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 5.10. Section 662.003(b), Government Code, is
	amended to read as follows:
	(b) A state holiday includes only the following days:
	(1) the 19th day of January, "Confederate Heroes Day,"
	in honor of Jefferson Davis, Robert E. Lee, and other Confederate
	heroes;
	(2) the second day of March, "Texas Independence Day";
	(3) the 21st day of April, "San Jacinto Day";
	(4) the 19th day of June, "Emancipation Day in Texas,"
	in honor of the emancipation of the slaves in Texas in 1865;
	(5) the 27th day of August, "Lyndon Baines Johnson
	Day," in observance of the birthday of Lyndon Baines Johnson;
	(6) the Friday after Thanksgiving Day;
	(7) the 24th day of December; [~~and~~]
	(8) the 26th day of December; and
	(9) the first Tuesday after the first Monday in
	November of an even-numbered year.
	SECTION 5.11. Section 662.021, Government Code, is amended
	to read as follows:
	Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
	only the following days:
	(1) a national holiday under Section 662.003(a); and
	(2) a state holiday under Sections 662.003(b)(1)
	through (6) and Section 662.003(b)(9).
	SECTION 3. This Act takes effect on the 91st day after the
	last day of the legislative session.
	ARTICLE 6. VOLUNTEER DEPUTY REGISTRARS
	SECTION 6.01. Section 13.031, Election Code, is amended by
	adding Subsection (f) to read as follows:
	(f) A volunteer deputy registrar appointed under this
	section may serve as a volunteer deputy registrar throughout the
	state regardless of which county appointed the deputy registrar.
	The secretary of state shall prescribe procedures to implement this
	subsection.
	SECTION 6.02. Section 13.033(b), Election Code, is amended
	to read as follows:
	(b) If a person is to be appointed, the registrar shall
	prepare a certificate of appointment in duplicate containing:
	(1) the date of appointment;
	(2) the statement: "I, ____________, Voter Registrar
	for ____________ County, do hereby appoint ____________ as a
	volunteer deputy registrar [~~for ____________ County~~].";
	(3) the person's residence address;
	(4) the person's voter registration number, if any;
	(5) a statement that the term of the appointment
	expires December 31 of an even-numbered year; and
	(6) a statement that the appointment terminates on the
	person's final conviction for an offense for failure to deliver a
	registration application and may terminate on the registrar's
	determination that the person failed to adequately review a
	registration application, intentionally destroyed or physically
	altered a registration application, or engaged in any other
	activity that conflicts with the responsibilities of a volunteer
	deputy registrar under this chapter.
	SECTION 6.03. Section 13.037(a), Election Code, is amended
	to read as follows:
	(a) A person may not receive compensation from any [~~the~~]
	county for service as a volunteer deputy registrar unless
	compensation is authorized by the commissioners court of that
	county.
	SECTION 6.04. Section 13.038, Election Code, is amended to
	read as follows:
	Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
	registrar may distribute voter registration application forms
	throughout the county and receive registration applications
	submitted to the deputy in person.
	(b) A volunteer deputy registrar may distribute a voter
	registration application in the form prescribed by the secretary of
	state under Section 31.002 throughout the state and receive an
	application in that form submitted to the deputy in person,
	regardless of the county in which the application was printed.
	(c) The secretary of state shall prescribe procedures to
	implement this section.
	ARTICLE 7. UNOPPOSED CANDIDATES
	SECTION 7.01. Section 2.053(a), Election Code, is amended
	to read as follows:
	(a) On receipt of the certification, the governing body of
	the political subdivision by order or ordinance shall [~~may~~] declare
	each unopposed candidate elected to the office. If no election is to
	be held on election day by the political subdivision, a copy of the
	order or ordinance shall be posted on election day at each polling
	place used or that would have been used in the election.
	SECTION 7.02. Section 2.056(c), Election Code, is amended
	to read as follows:
	(c) A certifying authority shall [~~may~~] declare a candidate
	elected to an office of the state or county government if, were the
	election held, only the votes cast for that candidate in the
	election for that office may be counted.
	SECTION 7.03. Section 52.092(a), Election Code, is amended
	to read as follows:
	(a) Except as provided by Section 2.053(c) or 2.056(e), for
	[~~For~~] an election at which offices regularly filled at the general
	election for state and county officers are to appear on the ballot,
	the offices shall be listed in the following order:
	(1) offices of the federal government;
	(2) offices of the state government:
	(A) statewide offices;
	(B) district offices;
	(3) offices of the county government:
	(A) county offices;
	(B) precinct offices.
	ARTICLE 8. ELECTION OFFICIALS, VOLUNTEERS, AND POLL WATCHERS
	SECTION 8.01. Subchapter B, Chapter 33, Election Code, is
	amended by adding Section 33.036 to read as follows:
	Sec. 33.036. TRAINING. (a) To be eligible to serve as a
	watcher, a person must complete the training required of election
	judges under Subchapter F, Chapter 32.
	(b) The secretary of state shall adopt rules to implement
	this section.
	(c) Before accepting a watcher, the officer presented with a
	watcher's certificate of appointment shall require the watcher to
	take the following oath, administered by the officer: "I swear (or
	affirm) that I will not disrupt the voting process or harass voters
	in the discharge of my duties."
	SECTION 8.02. Chapter 32, Texas Election Code, is amended
	to read as follows:
	Sec. 32.013. INDEMNIFICATION OF ELECTION JUDGES, CLERKS,
	AND WORKERS. (a) in the event an election judge, election clerk, or
	election worker is subject to a lawsuit suit or court action,
	including a writ of mandamus, while exercising their official
	duties, or relating to the exercise of their official duty; (b) it
	shall be the responsibility of the government body which appointed
	the election judges, election clerks, or election workers to:
	(b) completely indemnify the election judge, election
	clerk, or election worker against any damages, legal fees,
	attorneys fees, or any costs and fees associated with litigation
	arising out of their work in an official capacity as an election
	judge or clerk.
	ARTICLE 9. EFFECTIVE DATE
	SECTION 9.01. This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect October 1, 2021.