Citizenship Check Bill Also Starts The 30-Day Clock At Approval

The text as introduced · 916 words

89R1036 LRM-D

By: Schofield
H.B. No. 1263

A BILL TO BE ENTITLED

AN ACT

relating to the verification of citizenship of an applicant for

voter registration.

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

SECTION 1. Section 13.002(a), Election Code, is 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), 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) ].

SECTION 2. 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 3. 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 a United States citizen eligible for

registration.

(b) If the application is submitted to the Department of

Public Safety in person with the proof of citizenship required by

Section 20.063(e), the [ The ] registrar shall make the determination

not later than the seventh day after the date the application is

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

for determining citizenship as provided by Section 13.0721.

SECTION 4. 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 person with the proof of

citizenship required by Section 20.063(e).

(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. If the department does not have information

regarding the citizenship status of the applicant or has

information indicating that the applicant is not a citizen, the

registrar and the applicant shall be notified as provided by

secretary of state rule.

(c) An applicant for voter registration who receives notice

under Subsection (b) must provide proof of citizenship to the

registrar not later than the 60th day after the date of receipt.

Except as provided by Subsection (d), 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 and presented with a government-issued identification that

contains the person's photograph.

(d) An applicant may mail a certified copy of a document

described by Subsection (c)(2) or (3) with a copy of the person's

government-issued photo identification to the registrar.

(e) 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.

(f) The secretary of state shall adopt rules and prescribe

procedures to implement this section.

SECTION 5. Section 13.143(a), Election Code, is 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.

SECTION 6. Section 20.063, Election Code, is amended by

adding Subsection (e) to read as follows:

(e) A person who submits a voter registration application to

the department in person shall at the time of submission present as

proof of citizenship:

(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; or

(3) United States citizenship papers issued to the

person.

SECTION 7. Sections 13.041 and 13.143(d) and (e), Election

Code, are repealed.

SECTION 8. 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 9. This Act takes effect September 1, 2025.