Voting Access Bill Hands Redistricting To A 14-Member Commission

The text as introduced · 18,303 words

89R3242 MLH-F

By: Bucy
H.B. No. 2082

A BILL TO BE ENTITLED

AN ACT

relating to ensuring access to the right to vote by all eligible

voters.

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

ARTICLE 1. REGISTRATION OF VOTERS

SECTION 1.01. Section 11.002(a), Election Code, is amended

to read as follows:

(a) In this code, "qualified voter" means a person who:

(1) is 18 years of age or older;

(2) is a United States citizen;

(3) has not 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) has not been finally convicted of a felony or, if

so convicted, is not currently incarcerated for that offense [ has:

[ (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 ];

(5) is a resident of this state; and

(6) is a registered voter.

SECTION 1.02. Subchapter A, Chapter 12, Election Code, is

amended by adding Section 12.007 to read as follows:

Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER

REGISTRARS. The registrar shall appoint at least one election

officer serving each polling place for early voting by personal

appearance or on election day as a regular deputy registrar.

SECTION 1.03. 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 work with the Department of Public Safety

and the Department of Information Resources to implement a program

to allow a person to complete a voter registration application over

the Internet from the official website of this state. The Internet

websites of the secretary of state, the Department of Public

Safety, and each voter registration agency under Section 20.001(a)

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

an unexpired 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) 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 an unexpired 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) digitally sign the applicant's application before

submitting it electronically.

(d) For each application submitted under Subsection (b),

the program shall require that a digital copy of the applicant's

signature be obtained from the Department of Public Safety.

(e) A digital signature given as provided by secretary of

state rule meets the signature requirement under Section 13.002(b).

An application submitted under this section is considered for all

purposes an application submitted by mail under this title.

(f) 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.

(g) The rules adopted under Subsection (f) 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 and address of a person who

submits an application electronically under this section.

SECTION 1.04. Subchapter A, Chapter 13, Election Code, is

amended by adding Sections 13.010 and 13.011 to read as follows:

Sec. 13.010. 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.

Sec. 13.011. VOTER REGISTRATION THROUGH CERTAIN VOTER

REGISTRATION AGENCIES. (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 applies for services from a

voter registration agency under Subchapter B, Chapter 20.

(b) An application for services is not subject to this

section if the application is accompanied by:

(1) an indication under Section 20.002(b) that the

transaction is not for voter registration; or

(2) a declination form under Section 20.036.

(c) The secretary of state shall prescribe procedures for

the implementation of this section.

SECTION 1.05. 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 1.06. 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 1.07. 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 1.08. 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.

SECTION 1.09. Section 13.046(h), Election Code, is amended

to read as follows:

(h) The secretary of state shall :

(1) consult with the Texas Education Agency regarding

the number of registration application forms to provide to each

high school;

(2) provide to each high school registration

application forms once each fall and spring semester in the number

determined from the consultation under Subdivision (1); and

(3) prescribe any additional procedures necessary to

implement this section.

SECTION 1.10. Section 20.001(a), Election Code, is amended

to read as follows:

(a) The following state agencies are designated as voter

registration agencies:

(1) Health and Human Services Commission;

(2) Department of Aging and Disability Services;

(3) Department of Assistive and Rehabilitative

Services;

(4) Department of State Health Services; [ and ]

(5) Texas Workforce Commission; and

(6) any other agency or program as determined by the

secretary of state that primarily provides:

(A) public assistance; or

(B) services to persons with disabilities.

SECTION 1.11. Section 20.002, Election Code, is amended to

read as follows:

Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION

FORM. (a) A voter registration agency under this subchapter shall

prescribe and use a form and procedure that combines a form for

services from that agency with an officially prescribed voter

registration application form.

(b) A voter registration agency under this subchapter shall

prescribe and use a form and procedure that requests a person's

address and that combines agency and voter registration functions.

The form must allow a person to indicate that a change of address is

not for voter registration purposes.

(c) The design, content, and physical characteristics of

the agency forms must be [ Instead of using the official voter

registration application form prescribed by the secretary of state,

a voter registration agency may use an official form prescribed by

the agency, if ] approved by the secretary of state.

SECTION 1.12. Section 20.032(a), Election Code, is amended

to read as follows:

(a) An appropriate agency employee shall [ routinely ] inform

each person who applies in person for agency services of the

opportunity to complete a voter registration application form and

[ on request ] shall provide nonpartisan voter registration

assistance to the applicant.

SECTION 1.13. 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

13.010 .

SECTION 1.14. 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 1.15. 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 1.16. 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 1.17. Chapter 63, Election Code, is amended by

adding Section 63.010 to read as follows:

Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING

PROCEDURES. (a) Other applicable provisions of this code apply to

the conduct of voting and to the registration of voters under this

section to the extent those provisions do not conflict with this

section.

(b) 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 for voting at a polling place at which the

person would be allowed to vote if registered if, on the day the

person offers to vote, the person:

(1) submits a voter registration application that

complies with Section 13.002 to a voter registrar at the polling

place;

(2) presents as proof of identification:

(A) a Texas driver's license, including a

temporary license or instruction permit, or personal

identification card issued to the person by the Department of

Public Safety that states the person's current address on the day

the person seeks to vote; or

(B) a utility bill addressed to the person dated

not earlier than the 30th day before the date the person seeks to

vote, and:

(i) a Texas driver's license, including a

temporary license or instruction permit, or personal

identification card issued to the person by the Department of

Public Safety, regardless of whether the address stated on the

license or card is current on the day the person seeks to vote;

(ii) a United States passport issued to the

person; or

(iii) a United States military

identification card that contains the person's photograph; and

(3) executes an affidavit stating that the person:

(A) is eligible to vote in the election; and

(B) is voting only once in the election.

(c) Persons voting under this section shall be processed

separately at the polling place from persons who are voting under

regular procedures.

(d) The secretary of state shall adopt rules to ensure the

accountability of election officers and to fairly implement this

section.

SECTION 1.18. Section 85.031(a), Election Code, is amended

to read as follows:

(a) For each person entitled to vote an early voting ballot

by personal appearance or who is entitled to register at a polling

place , the early voting clerk shall follow the procedure for

accepting a regular voter on election day, with the modifications

necessary for the conduct of early voting.

ARTICLE 2. VOTING BY MAIL

SECTION 2.01. Section 4.003, Election Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) In addition to any other notice given for an election

under Subsection (a), not later than the 21st day before election

day, a county shall post a copy of a notice of the election given by

the county or provided to the county under Section 4.008(a)[ , which

must include the location of each polling place, ] on the county's

Internet website, if the county maintains a website. An authority

responsible for giving notice of an election may post a copy of the

notice on the bulletin board used for posting notices of the

meetings of the governing body of the political subdivision that

the authority serves. If a county does not maintain a website, the

authority responsible for giving notice of the election shall post

a copy of a notice of the election on the bulletin board used for

posting notices of the meetings of the governing body of the

political subdivision that the authority serves. For each precinct

that is combined to form a consolidated precinct under Section

42.008, not later than the 10th day before election day, the

authority shall also post, at the polling place used in the

preceding general election, notice of the precinct's consolidation

and the location of the polling place in the consolidated precinct.

A notice posted under this subsection must remain posted

continuously through election day.

(b-1) The notice given under Subsection (b) must include:

(1) the location of each polling place that will be

open on election day;

(2) the location of each polling place that will be

open for early voting; and

(3) each location that will be available to voters to

deliver a marked ballot under Section 86.006(a-5).

SECTION 2.02. Section 13.002(e), Election Code, is amended

to read as follows:

(e) Notwithstanding Section 82.005, a [ A ] person who is

certified for participation in the address confidentiality program

administered by the attorney general under Subchapter B, Chapter

58, Code of Criminal Procedure, is not eligible for early voting by

mail [ under Section 82.007 ] unless the person submits an

application under this section by personal delivery. The secretary

of state may adopt rules to implement this subsection.

SECTION 2.03. 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 2.04. Section 82.007, Election Code, is amended to

read as follows:

Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY

PROGRAM. Notwithstanding Section 82.005, a [ A ] qualified voter

who, [ is eligible for early voting by mail if:

[ (1) the voter submitted a registration application by

personal delivery as required by Section 13.002(e); and

[ (2) ] at the time the voter's early voting ballot

application is submitted, [ the voter ] is certified for

participation in the address confidentiality program administered

by the attorney general under Subchapter B, Chapter 58, Code of

Criminal Procedure , is eligible for early voting by mail only if the

voter submitted a registration application by personal delivery as

required by Section 13.002(e) .

SECTION 2.05. Section 84.001, Election Code, is amended by

amending Subsections (a), (b), (d), and (e) and adding Subsection

(e-1) to read as follows:

(a) To be entitled to vote an early voting ballot by mail, a

person [ who is eligible for early voting ] must make an application

for an early voting ballot to be voted by mail as provided by this

title.

(b) Subject to Section 1.011 and except as provided by

Section 84.0091 , an application must be submitted in writing and

signed by the applicant using ink on paper. An electronic signature

or photocopied signature is not permitted except as provided by

Section 84.0091 .

(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.

(e) Except as provided by Subsection (e-1), an application

[ An applicant ] for a ballot to be voted by mail serves as an

application both [ may apply ] for a ballot [ ballots ] for the main

election and for any resulting runoff election [ on the same

application ]. If an application [ for the main election and any

resulting runoff ] is not timely for the main election, it will be

considered timely for any resulting runoff if received not later

than the deadline, determined using the date of the runoff

election, for submitting a regular application for a ballot to be

voted by mail.

(e-1) An applicant for a ballot to be voted by mail for the

main election may request not to receive a ballot for a resulting

runoff election.

SECTION 2.06. Section 84.002(a), Election Code, is amended

to read as follows:

(a) An early voting ballot application must include:

(1) the applicant's name and the address at which the

applicant is registered to vote;

[ (1-a) the following information:

[ (A) the number of the applicant's driver's

license, election identification certificate, or personal

identification card issued by the Department of Public Safety;

[ (B) if the applicant has not been issued a

number described by Paragraph (A), the last four digits of the

applicant's social security number; or

[ (C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B); ]

(2) for an application for a ballot to be voted by mail

by an applicant who will be absent from the applicant's [ on the

ground of absence from the ] county of residence on election day , the

address outside the applicant's county of residence to which the

ballot is to be mailed or an e-mail address for the applicant to

which the ballot is sent by electronic transmission ;

(3) for an application for a ballot to be voted by mail

by an applicant who is 65 years of age or older on election day or

has a sickness or physical condition that requires the applicant to

reside in a hospital or nursing home or other long-term care

facility, or with a relative [ on the ground of age or disability ],

the address of the hospital, nursing home or other long-term care

facility, or retirement center, or of a person related to the

applicant within the second degree by affinity or the third degree

by consanguinity, as determined under Chapter 573, Government Code,

if the applicant is living at that address and that address is

different from the address at which the applicant is registered to

vote;

(4) for an application for a ballot to be voted by mail

by an applicant who is confined [ on the ground of confinement ] in

jail as described by Section 84.009(a) , the address of the jail or

of a person related to the applicant within the degree described by

Subdivision (3);

(5) [ for an application for a ballot to be voted by

mail on any ground, ] an indication of each election for which the

applicant is applying for a ballot; and

(6) [ an indication of the ground of eligibility for

early voting; and

[ (7) ] for an application for a ballot to be voted by

mail by an applicant who is civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code, and is ordered

as a condition of civil commitment to reside in a facility operated

by or under contract with the Texas Civil Commitment Office [ on the

ground of involuntary civil commitment ], the address of the

facility operated by or under contract with the Texas Civil

Commitment Office or of a person related to the applicant within the

degree of consanguinity described by Subdivision (3).

SECTION 2.07. 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 2.08. Section 84.009, Election Code, is amended by

amending Subsection (a) and adding Subsection (b) to read as

follows:

(a) This section applies only to an applicant who, at the

time the application for a ballot to be voted by mail is submitted,

is confined in jail:

(1) serving a misdemeanor sentence for a term that

ends on or after election day;

(2) pending trial after denial of bail;

(3) without bail pending an appeal of a felony

conviction; or

(4) pending trial or appeal on a bailable offense for

which release on bail before election day is unlikely.

(b) On request of the applicant, an application for a ballot

to be voted by mail [ on the ground of confinement in jail ] may be

submitted to the early voting clerk, at the discretion of the

authority in charge of the jail, by personal delivery by the jail

authority or by a designated subordinate of the authority.

SECTION 2.09. 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. (a) The secretary of state shall

allow a person to complete an application for an early voting ballot

by mail over the Internet using the online tool described by Section

86.015. The online tool 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.

(b) The online tool must require a person to provide the

following information before allowing the person to complete an

application for an early voting ballot by mail:

(1) the person's name and voter registration number or

registration address;

(2) the person's driver's license number or personal

identification card number issued by the Department of Public

Safety; and

(3) the last four digits of the person's social

security number.

SECTION 2.10. Section 84.011(a), Election Code, is amended

to read as follows:

(a) The officially prescribed application form for an early

voting ballot must include:

(1) immediately preceding the signature space the

statement: "I certify that the information given in this

application is true, and I understand that giving false information

in this application is a crime.";

(2) a statement informing the applicant of the

offenses prescribed by Sections 84.003 and 84.004;

(3) spaces for entering an applicant's voter

registration number and county election precinct of registration,

with a statement informing the applicant that failure to furnish

that information does not invalidate the application;

[ (3-a) a space for entering the information required

under Section 84.002(a)(1-a); ] and

(4) on an application for a ballot to be voted by mail:

(A) a space for an applicant [ applying on the

ground of absence from the county of residence ] to indicate :

(i) whether the applicant will be absent

from the applicant's county of residence on election day;

(ii) if applicable, the date on or after

which the applicant can receive mail at the address outside the

county; and

(iii) whether the applicant wishes to

receive the balloting materials by electronic transmission and, if

so, a space for the applicant to provide an e-mail address;

(B) a space for indicating the fact that an

applicant whose application is signed by a witness cannot make the

applicant's mark and a space for indicating the relationship or

lack of relationship of the witness to the applicant;

(C) a space for entering an applicant's telephone

number, with:

(i) a statement informing the applicant

that failure to furnish that information does not invalidate the

application; and

(ii) a statement prescribed by the

secretary of state explaining the benefits of furnishing that

information, including how that information assists the early

voting clerk;

(D) a space or box for an applicant who is 65

years of age or older on election day or has a sickness or physical

condition that requires the applicant to reside in a hospital or

nursing home or other long-term care facility, or with a relative,

[ applying on the ground of age or disability ] to indicate that the

address to which the ballot is to be mailed is the address of a

facility or relative described by Section 84.002(a)(3), if

applicable;

(E) a space or box for an applicant who is

confined [ applying on the ground of confinement ] in jail as

described by Section 84.009(a) or who is civilly committed as a

sexually violent predator under Chapter 841, Health and Safety

Code, and ordered as a condition of civil commitment to reside in a

facility operated by or under contract with the Texas Civil

Commitment Office, [ involuntary civil commitment ] to indicate that

the address to which the ballot is to be mailed is the address of a

relative described by Section 84.002(a)(4) or (6) [ (7) ], if

applicable;

(F) a space for an applicant [ applying on the

ground of age or disability ] to indicate if the application is an

application under Section 86.0015;

(G) spaces for entering the signature, printed

name, and residence address of any person assisting the applicant;

(H) a statement informing the applicant of the

condition prescribed by Section 81.005; and

(I) a statement informing the applicant of the

requirement prescribed by Section 86.003(c).

SECTION 2.11. Sections 86.001(b) and (c), Election Code,

are amended to read as follows:

(b) If the application complies with the applicable

requirements prescribed by this title [ applicant is entitled to

vote an early voting ballot by mail ], the clerk shall provide an

official ballot to the applicant as provided by this chapter.

(c) Except as provided by Section 86.008, if the applicant

is not entitled to vote in the election [ by mail ], the clerk shall

reject the application, enter on the application "rejected" and the

reason for and date of rejection, and deliver written notice of the

reason for the rejection to the applicant at both the residence

address and mailing address on the application. A ballot may not be

provided to an applicant whose application is rejected.

SECTION 2.12. Section 86.0015(a), Election Code, is amended

to read as follows:

(a) This section applies only to an application for a ballot

to be voted by mail that[ :

[ (1) indicates the ground of eligibility is age or

disability; and

[ (2) ] does not specify the election for which a ballot

is requested or has been marked by the applicant as an application

for more than one election.

SECTION 2.13. Section 86.003(c), Election Code, is amended

to read as follows:

(c) The address to which the balloting materials must be

addressed is the address at which the voter is registered to vote,

or the registered mailing address if different, unless the

application to vote early by mail indicates that the voter [ ground

for voting by mail is ]:

(1) will be absent from the voter's [ absence from the ]

county of residence on election day , in which case the address must

be an address outside the voter's county of residence;

(2) is confined [ confinement ] in jail as described by

Section 84.009(a) , in which case the address must be the address of

the jail or of a relative described by Section 84.002(a)(4);

(3) is 65 years of age or older on election day or has a

sickness or physical condition that requires the applicant to

reside in a hospital or nursing home or other long-term care

facility, or with a relative, [ age or disability ] and [ the voter ] is

living at a hospital, nursing home or other long-term care

facility, or retirement center, or with a relative described by

Section 84.002(a)(3), in which case the address must be the address

of that facility or relative; or

(4) is civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code, and ordered as a

condition of civil commitment to reside in a facility operated by or

under contract with the Texas Civil Commitment Office [ involuntary

civil commitment ], in which case the address must be the address of

the facility or of a relative described by Section 84.002(a)(6)

[ 84.002(a)(7) ].

SECTION 2.14. Section 86.004(b), Election Code, is amended

to read as follows:

(b) For an election to which Section 101.104 applies, the

balloting materials for a voter who indicates on the application

for a ballot to be voted by mail or the federal postcard application

that the voter seeks [ is eligible ] to vote early by mail as a

consequence of the voter's being outside the United States shall be

mailed on or before the later of the 45th day before election day or

the seventh calendar day after the date the clerk receives the

application. However, if it is not possible to mail the ballots by

the deadline of the 45th day before election day, the clerk shall

notify the secretary of state within 24 hours of knowing that the

deadline will not be met. The secretary of state shall monitor the

situation and advise the clerk, who shall mail the ballots as soon

as possible in accordance with the secretary of state's guidelines.

SECTION 2.15. Section 86.006, Election Code, is amended by

amending Subsections (a) and (a-1) and adding Subsections (a-3),

(a-4), (a-5), and (a-6) to read as follows:

(a) Except as provided by Subsection (a-3), a [ A ] marked

ballot voted under this chapter must be returned to the early voting

clerk in the official carrier envelope. The carrier envelope may be

delivered in another envelope and must be transported and delivered

only by:

(1) mail;

(2) common or contract carrier; [ or ]

(3) subject to Subsections (a-1) and (a-2), in-person

delivery by the voter who voted the ballot ; or

(4) subject to Subsection (a-4), delivery to an

authorized depository box .

(a-1) The voter may deliver a marked ballot in person to the

early voting clerk's office or to another designated location

[ only ] while the polls are open on election day or during the early

voting period . A voter who delivers a marked ballot in person may

return only the voter's own ballot and must present identification

required by Section 63.001(b) in a [ an acceptable ] form [ of

identification ] described by Section 63.0101.

(a-3) A marked ballot received through electronic

transmission as provided by Section 86.0031 shall be returned to

the early voting clerk by mail or common or contract carrier through

the procedures prescribed by the secretary of state.

(a-4) The voter may deliver a sealed carrier envelope

containing a marked ballot to any depository box authorized by the

early voting clerk. The early voting clerk may authorize any number

of suitable locations for placement of a depository box.

(a-5) The county clerk may designate any of the following

locations for delivering marked ballots under Subsection (a-1):

(1) the early voting clerk's office;

(2) any polling place open during early voting or on

election day; or

(3) any suitable location that meets criteria

prescribed by the secretary of state.

(a-6) To ensure that locations designated for delivering

marked ballots are accessible and secure, the secretary of state

shall adopt rules establishing criteria for a location that a

county clerk may designate under Subsection (a-5).

SECTION 2.16. Section 86.011, Election Code, is amended by

amending Subsection (d) and adding Subsections (e), (f), (g), (h),

(i), (j), and (k) to read as follows:

(d) Notwithstanding any other provisions of this code, if

the clerk receives a timely carrier envelope that does not fully

comply with the applicable requirements prescribed by this title,

the clerk , not later than the second day after the date the clerk

discovers the defect and before the time of delivery under

Subchapter B, Chapter 87, shall send [ may deliver the carrier

envelope in person or by mail to ] the voter a notice of the defect

and a corrective action form developed by the secretary of state

under Subsection (g) by mail or by common or contract carrier.

(e) The early voting clerk shall include with the notice

delivered to the voter under Subsection (d):

(1) a brief explanation of each defect in the

noncomplying ballot; and

(2) a notice that the voter may:

(A) [ and may receive, before the deadline, the

corrected carrier envelope from the voter, or the clerk may notify

the voter of the defect by telephone and advise the voter that the

voter may come to the clerk's office in person to correct the defect

or ] cancel the voter's application to vote by mail in the manner

described by Section 84.032; or

(B) correct the defect in the voter's ballot by:

(i) submitting a corrective action form

developed and made available by the secretary of state under

Subsection (g) by mail or by common or contract carrier; or

(ii) coming to the early voting clerk's

office not later than the sixth day after election day [ and vote on

election day ].

(f) If the early voting clerk determines that it would not

be possible for the voter to receive the notice of defect within a

reasonable time to correct the defect, the clerk may notify the

voter of the defect by telephone or e-mail and inform the voter that

the voter may request to have the voter's application to vote by

mail canceled in the manner described by Section 84.032, submit a

corrective action form developed by the secretary of state under

Subsection (g) by mail or by common or contract carrier, or come to

the early voting clerk's office in person not later than the sixth

day after election day to correct the defect.

(g) The secretary of state shall develop a corrective action

form that may be completed and submitted to an early voting clerk

under this section to correct a defect.

(h) If the early voting clerk takes an action described by

Subsection (d), the clerk must take either action described by that

subsection with respect to each ballot in the election to which this

section applies [ procedures authorized by this subsection are used,

they must be applied uniformly to all carrier envelopes covered by

this subsection ].

(i) A poll watcher is entitled to observe an action taken

under Subsection (d) or (f) [ the procedures under this subsection ].

(j) The early voting clerk shall:

(1) in addition to sending the voter notice of the

defect under Subsection (d) or notifying the voter of the defect by

telephone or e-mail under Subsection (f), notify the voter of a

defect discovered under this section using the online tool

described by Section 86.015; and

(2) if possible, permit the voter to correct a defect

using the online tool described by Section 86.015.

(k) The secretary of state may prescribe any [ other ]

procedures necessary to implement this section [ subsection

including requirements for posting notice of any deliveries ].

SECTION 2.17. Section 86.015(a), Election Code, is amended

to read as follows:

(a) The secretary of state shall develop or otherwise

provide an online tool to each early voting clerk on the secretary's

Internet website and on the county's Internet website if the early

voting clerk is the county clerk of a county that maintains an

Internet website that enables a person who submits an application

for a ballot to be voted by mail to:

(1) track the location and status of the person's

application and ballot; and

(2) receive notice of and, if possible, correct a

defect in the person's application and ballot under Sections

86.008(c-1), 86.011(j), 87.0271(e-1), and 87.0411(e-1).

SECTION 2.18. Section 87.041(b), Election Code, is amended

to read as follows:

(b) A ballot may be accepted only if:

(1) the carrier envelope certificate is properly

executed;

(2) neither the voter's signature on the ballot

application nor the signature on the carrier envelope certificate

is determined to have been executed by a person other than the

voter, unless signed by a witness;

(3) [ the voter's ballot application states a legal

ground for early voting by mail;

[ (4) ] the voter is registered to vote, if registration

is required by law;

(4) [ (5) the address to which the ballot was mailed

to the voter, as indicated by the application, was outside the

voter's county of residence, if the ground for early voting is

absence from the county of residence;

[ (6) ] for a voter to whom a statement of residence form

was required to be sent under Section 86.002(a), the statement of

residence is returned in the carrier envelope and indicates that

the voter satisfies the residence requirements prescribed by

Section 63.0011; and

(5) [ (7) ] the address to which the ballot was mailed

to the voter is an address [ that is otherwise ] required by Sections

84.002 and 86.003[ ; and

[ (8) the information required under Section 86.002(g)

provided by the voter identifies the same voter identified on the

voter's application for voter registration under Section

13.002(c)(8) ].

SECTION 2.19. Section 102.001(a), Election Code, is amended

to read as follows:

(a) A qualified voter is eligible to vote a late ballot as

provided by this chapter if the voter has a sickness or physical

condition [ described by Section 82.002 ] that prevents the voter

from appearing at the polling place on election day without a

likelihood of needing personal assistance or of injuring the

voter's health and originates on or after the day before the last

day for submitting an application for a ballot to be voted by mail.

ARTICLE 3. CONDUCT OF ELECTIONS

SECTION 3.01. Section 12.004(d), Election Code, is amended

to read as follows:

(d) The [ If early voting by personal appearance is required

to be conducted for extended hours under Section 85.005(c) or for

weekend hours under Section 85.006(e), the ] registrar's office

shall remain open for providing voter registration information

during the [ extended hours or weekend ] hours that the main early

voting polling place is open for voting.

SECTION 3.02. Section 13.002(i), Election Code, 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 3.03. Section 19.004(a), Election Code, is amended

to read as follows:

(a) Except as provided by Subsection (d), state funds

disbursed under this chapter may be used only to[ :

[ (1) ] defray expenses of the registrar's office in

connection with voter registration, including additional expenses

related to:

(1) [ (A) ] implementation of the National Voter

Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);

(2) [ (B) ] complying with weekly updating

requirements; and

(3) [ (C) ] the employment of temporary voter

registration personnel for not more than 39 weeks in a state fiscal

year[ ; and

[ (2) if the registrar's county has a population of less

than 55,000, defray the cost to the registrar's county of keeping

the polling places in the county open during the early voting period

as required under Sections 85.005(c), 85.006(e), and 85.064(d) ].

SECTION 3.04. Section 33.001, Election Code, is amended to

read as follows:

Sec. 33.001. WATCHER DEFINED. In this code, "watcher"

means a person appointed under this subchapter to observe the

conduct of an election on behalf of a candidate, a political party,

a nonpartisan election observation organization, or the proponents

or opponents of a measure.

SECTION 3.05. Subchapter A, Chapter 33, Election Code, is

amended by adding Section 33.009 to read as follows:

Sec. 33.009. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a)

A nonpartisan election observation organization that has been

certified by the secretary of state in accordance with this section

may appoint watchers.

(b) The secretary of state shall certify qualifying

nonpartisan election observation organizations within this state.

The secretary of state shall adopt rules establishing criteria to

determine whether an organization may be certified. The rules must

require the organization and its appointed nonpartisan watchers to:

(1) be impartial in substance and process;

(2) cooperate with election officers;

(3) be diligent in not obstructing the process;

(4) be independent from the government, in the

interest of promoting the right to vote;

(5) be transparent and accountable with regard to

funding, including refusal to accept funding from any source or

under any condition that may create a conflict of interest; and

(6) be vigilant in identifying and addressing

potential and actual conflicts of interest.

(c) A watcher appointed under this section is not entitled

to:

(1) sign the seal of a ballot box under Section

127.066; or

(2) sign the seal of a test material container under

Section 127.099.

SECTION 3.06. Section 33.031, Election Code, is amended to

read as follows:

Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except

as provided by Subsection (c), to [ To ] be eligible to serve as

a watcher, a person must be a qualified voter:

(1) of the county in which the person is to serve, in

an election ordered by the governor or a county authority or in a

primary election;

(2) of the part of the county in which the election is

held, in an election ordered by the governor or a county authority

that does not cover the entire county of the person's residence; and

(3) of the political subdivision, in an election

ordered by an authority of a political subdivision other than a

county.

(b) In addition to the requirements of Subsection (a), to be

eligible to serve as a watcher, a person must complete training

under Section 33.008.

(c) A person appointed as a watcher under Section 33.009 is

not subject to the requirements of Subsection (a) and is eligible to

serve as a watcher if the person:

(1) is a registered voter in this state; and

(2) understands and agrees to comply with the

principles and practices set forth in the Declaration of Global

Principles for Non-partisan Election Observation and Monitoring by

Citizen Organizations and Code of Conduct for Non-partisan Citizen

Election Observers and Monitors, as commemorated by the United

Nations on April 3, 2012.

SECTION 3.07. Section 42.002, Election Code, is amended by

adding Subsection (c) to read as follows:

(c) Subsection (a)(5) does not apply to an election held on

the May uniform election date by a political subdivision that:

(1) conducts early voting by personal appearance:

(A) at 75 percent or more of its permanent or

temporary branch polling places on the same days and during the same

hours as voting is conducted at the main early voting polling place;

and

(B) at each remaining polling place for at least

two consecutive days of voting during the early voting period, and

for at least eight hours on each of the two consecutive days; or

(2) has not established a permanent or temporary

branch early voting polling place.

SECTION 3.08. 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;

(2) if at least 10,000 but fewer than 25,000 students

are enrolled at the institution, two locations; or

(3) if at least 25,000 students are enrolled at the

institution, three locations.

SECTION 3.09. 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

under 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 under 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 3.10. 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 identification card or

tribal document that:

(A) contains the voter's photograph and address;

and

(B) is issued by a tribal organization or by a

tribe that is federally recognized and located in this state;

(7) an identification card issued by a public or

private institution of higher education located in this state that

contains the voter's photograph; or

(8) an identification card issued by a state agency of

this state that contains the voter's 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 label on a prescription drug container;

(E) an identity bracelet issued by a hospital or

long-term care facility;

(F) a credit or debit card;

(G) an identification card issued by an employer;

(H) a student identification card issued by a

public or private high school or institution of higher education;

(I) a library card;

(J) a Texas Department of Criminal Justice

document indicating release or parole;

(K) a fishing or hunting license;

(L) a lease or mortgage for real property;

(M) a motor vehicle title;

(N) an insurance certificate, policy

declaration, or other document demonstrating proof of insurance;

(O) a letter from a public or private school or

institution of higher education;

(P) a personal check;

(Q) an official Native American tribal document

that is issued by a tribe that is federally recognized and located

in this state;

(R) a blood donor card;

(S) a public transportation card;

(T) a property tax assessment;

(U) a form prescribed by the Internal Revenue

Service;

(V) a letter from a public conservator,

court-appointed guardian, or trustee;

(W) a letter of confirmation of residence, letter

of stay, admission form, or statement of benefits from:

(i) a student residence;

(ii) a nursing home or other long-term care

facility or a retirement center;

(iii) a shelter; or

(iv) a soup kitchen;

(X) a document listed in Subdivision (1), (2), or

(3); or

(Y) another government document containing the

voter's name .

SECTION 3.11. 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 3.12. 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 3.13. Sections 85.001(a) and (e), Election Code,

are amended to read as follows:

(a) The period for early voting by personal appearance

begins on the 17th day before election day and continues through the

fourth day before election day, except as otherwise provided by

this subchapter [ section ].

(e) For an election held on the uniform election date in May

and any resulting runoff election, the period for early voting by

personal appearance begins on the 12th day before election day and

continues through the fourth day before election day , except as

otherwise provided by this subchapter .

SECTION 3.14. Section 85.005(c), Election Code, is amended

to read as follows:

(c) In a county with a population of 55,000 or more,

voting [ 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 consecutive 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 consecutive

hours on each of the last two days of the early voting

period. Voting under this subsection may not be conducted earlier

than 6 a.m. or later than 10 p.m. Voting shall be conducted in

accordance with this subsection in those elections in a county with

a population of less than 55,000 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 3.15. Section 85.006, Election Code, is amended to

read as follows:

Sec. 85.006. EXTENDED VOTING [ ON SATURDAY OR SUNDAY ]. (a)

Except as provided by Subsection (b), the authority ordering an

election may order early voting by personal appearance at the main

early voting polling place to be conducted :

(1) on one or more Saturdays or Sundays during the

early voting period ; or

(2) during an early voting period extended from the

fourth day before election day for any number of consecutive days up

to and including the day before election day .

(b) In an election in which a county clerk is the early

voting clerk under Section 83.002, only the early voting clerk may

order extended voting [ on a Saturday or Sunday ]. The clerk must do

so by written order.

(c) Except as otherwise provided by this section, the [ The ]

authority ordering extended voting [ on a Saturday or Sunday ] shall

determine the hours during which voting is to be conducted.

(d) The authority authorized to order extended early voting

[ on a Saturday or Sunday ] under Subsection (a) or (b) shall order

[ the ] voting on a Saturday or Sunday under the applicable

subsection on receipt of a written request submitted by at least 15

registered voters of the territory covered by the election. The

request must be submitted in time to enable compliance with Section

85.007. The authority is not required to order the voting on a

particular date specified by the request but shall order the voting

on at least one Saturday if a Saturday is requested and on at least

one Sunday if a Sunday is requested.

(e) In a primary election or the general election for state

and county officers in a county with a population of 55,000 or more ,

the early voting clerk shall order voting by personal appearance at

the main early voting polling place to be conducted on the last

Saturday of the early voting period for at least 12 consecutive

hours, except that voting may not be conducted earlier than 6 a.m.

or later than 10 p.m., and on the last Sunday of the early voting

period for at least six consecutive hours, except that voting may

not be conducted earlier than 9 a.m. or later than 10 p.m. The early

voting clerk shall order voting to be conducted at those times in

those elections in a county with a population under 55,000 on

receipt of a written request for those hours submitted by at least

15 registered voters of the county. The request must be submitted

in time to enable compliance with Section 85.007. This subsection

supersedes any provision of this subchapter to the extent of any

conflict.

(f) An authority authorized to order extended early voting

under Subsection (a) or (b) that orders the voting during an

extended early voting period shall order personal appearance voting

at the main early voting polling place to be conducted for at least

12 hours on any weekday or Saturday and for at least five hours on

any Sunday of the extended early voting period.

SECTION 3.16. Sections 85.007(a) and (b), Election Code,

are amended to read as follows:

(a) The election order and the election notice must state:

(1) the date that early voting will begin if under

Section 85.001(d) the early voting period is to begin later than the

prescribed date;

(2) the regular dates and hours that voting will be

conducted under Section 85.005(b); and

(3) the dates and hours that extended voting [ on

Saturday or Sunday ] is ordered to be conducted under Section

85.006(a).

(b) The early voting clerk shall post notice for each

election stating the dates and hours that extended voting [ on a

Saturday or Sunday ] is ordered to be conducted under Section

85.006(b).

SECTION 3.17. Section 85.062, Election Code, is amended by

adding Subsection (e) to read as follows:

(e) In an election covered by Subsection (d), a temporary

branch polling place that is movable may be established only with

the approval of the county clerk. If a movable temporary branch

polling place is established on the request of a political party,

each other political party whose nominee for governor in the most

recent gubernatorial general election received more than 10 percent

of the total number of votes received by all candidates for governor

in the election is entitled to establishment of such a polling

place. The election officers serving a polling place covered by

this subsection must be affiliated or aligned with different

political parties to the extent possible. The secretary of state,

after consulting the chair of each affected political party, shall

prescribe the procedures necessary to implement this subsection.

SECTION 3.18. Section 85.064, Election Code, is amended to

read as follows:

Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN

POPULOUS COUNTY . (a) This section applies only to an election in

which the territory served by the early voting clerk is situated in

a county with a population of 100,000 or more. In an election in

which the territory served by the clerk is situated in more than one

county, this section applies if the sum of the populations of the

counties is 100,000 or more.

(b) Early voting by personal appearance at each temporary

branch polling place established under Section 85.062(d) shall be

conducted on the days that voting is required to be conducted at the

main early voting polling place under Section 85.005 . The

authority establishing the temporary branch polling place shall

determine the hours during which the voting is to be conducted on

those days. The authority shall order voting to be conducted for

the same number of hours that voting is required to be conducted on

those days at the main early voting polling place under Section

85.005 on receipt of a written request for those 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 [ and

remain open for at least:

[ (1) eight hours each day; or

[ (2) three hours each day if the city or county clerk

does not serve as the early voting clerk for the territory holding

the election and the territory has fewer than 1,000 registered

voters ].

(c) Early voting by personal appearance at a temporary

branch polling place other than a temporary branch polling place

established under Section 85.062(d) may be conducted on any one or

more days and during any hours of the period for early voting by

personal appearance, as determined by the authority establishing

the branch.

(d) The authority authorized under Section 85.006 to order

extended early voting [ on a Saturday or Sunday ] may also order, in

the manner prescribed by that section, extended early voting to be

conducted [ on a Saturday or Sunday ] at any one or more of the

temporary branch polling places. In addition, the early voting

clerk of a county covered by Section 85.006(e) shall order such

voting in accordance with that subsection [ Section 85.006(e) ] at

each temporary branch polling place established under Section

85.062(d).

SECTION 3.19. Subchapter C, Chapter 85, Election Code, is

amended by adding Section 85.065 to read as follows:

Sec. 85.065. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH IN

LESS POPULOUS COUNTY. (a) This section applies only to an election

in which the territory served by the early voting clerk is situated

in a county with a population of less than 100,000. In an election

in which the territory served by the clerk is situated in more than

one county, this section applies if the sum of the populations of

the counties is less than 100,000.

(b) Except as provided by Subsection (c), voting at a

temporary branch polling place may be conducted on any days and

during any hours of the period for early voting by personal

appearance, as determined by the authority establishing the branch.

The authority authorized under Section 85.006 to order extended

early voting may also order, in the manner prescribed by that

section, extended early voting to be conducted at any one or more of

the temporary branch polling places.

(c) Voting at a temporary branch polling place must be

conducted on at least two consecutive business days and for at least

eight consecutive hours on each of those days.

(d) The schedules for conducting voting are not required to

be uniform among the temporary branch polling places.

SECTION 3.20. Section 85.068(a), Election Code, is amended

to read as follows:

(a) The early voting clerk shall post notice for each

election stating any dates and the hours that extended voting [ on

Saturday or Sunday ] will be conducted under Section 85.064(d) or

85.065(b) , if the early voting clerk is a county clerk or city

secretary under Section 83.002 or 83.005.

SECTION 3.21. Section 87.0241, Election Code, is amended by

amending Subsection (b) and adding Subsection (b-1) to read as

follows:

(b) The board may not count early voting ballots until:

(1) the polls open on election day; or

(2) in an election conducted by an authority of a

county with a population of 100,000 or more, or conducted jointly

with such a county or conducted with such a county through a

contract for election services, the time the polls close on the

fourth day before election day [ end of the period for early voting

by personal appearance ].

(b-1) The board may not count early voting ballots voted by

personal appearance after the fourth day before election day until

the end of the extended early voting period.

SECTION 3.22. Section 213.013, Election Code, is amended by

adding Subsection (d-1) to read as follows:

(d-1) In any recount, a watcher appointed under Section

33.009 may be present.

SECTION 3.23. 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 .

SECTION 3.24. Chapter 276, Election Code, is amended by

adding Section 276.020 to read as follows:

Sec. 276.020. DOOR TO DOOR VOTER REGISTRATION AND POLITICAL

MESSAGING. (a) In this section, "residential unit" includes a

single-family house, a single-family house located in a residential

subdivision or housing development, an apartment, a condominium, or

another unit in a multifamily residential structure.

(b) Except as provided by Subsection (c), a political

subdivision, property owners' association, homeowners'

association, or property manager may not adopt or enforce a rule,

order, ordinance, or policy that prevents an individual from

knocking on the front door of a residential unit, ringing the

doorbell of the unit, or leaving a pamphlet, flier, or other form of

written communication at the unit for the purpose of:

(1) assisting an occupant of the unit with registering

to vote; or

(2) communicating to an occupant of the unit support

or opposition for:

(A) a candidate for nomination or election to

public office or office of a political party;

(B) a political party; or

(C) a measure, as defined by Section 251.001.

(c) A political subdivision, property owners' association,

homeowners' association, or property manager may adopt and enforce

a reasonable restriction on the time, place, or manner of an

activity described by Subsection (b).

(d) A peace officer, as that term is described by Article

2.12, Code of Criminal Procedure, or private party may not prevent

an individual from engaging in an activity described by Subsection

(b) unless the officer or party reasonably believes that the

activity poses a threat to a person or property or is in violation

of a statute, ordinance, order, rule, or policy.

SECTION 3.25. 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) .

ARTICLE 4. ACCOMMODATING VOTERS

SECTION 4.01. Chapter 81, Election Code, is amended by

adding Section 81.006 to read as follows:

Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A

person eligible for early voting by mail under Section 101.001 as a

person described by Section 101.001(2)(A) may cast a ballot using

an accessible absentee mail system, notwithstanding any other

provision of this title.

(b) An accessible absentee mail system must be an electronic

system, including software, used for the sole purpose of enabling

any voter, including a voter who has a disability, to mark the

voter's ballot and print and submit the ballot in the manner

required by law for a ballot marked by the voter.

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

procedures for the implementation of this section.

SECTION 4.02. Section 84.032(c), Election Code, is amended

to read as follows:

(c) An applicant may submit a request after the close of

early voting by personal appearance by appearing in person and:

(1) returning the ballot to be voted by mail to the

early voting clerk; or

(2) executing an affidavit that the applicant:

(A) has not received the ballot to be voted by

mail;

(B) never requested a ballot to be voted by mail;

or

(C) was contacted regarding [ received notice of ]

a defect under Section 87.0271(b) [ or (c) ] or 87.0411(b) [ or (c) ].

SECTION 4.03. Section 86.003, Election Code, is amended by

amending Subsection (a) and adding Subsection (e) to read as

follows:

(a) Except as provided by Subsection (e) and Section

86.0031, the [ The ] balloting materials for voting by mail shall be

provided to the voter by mail. A ballot provided by any other method

may not be counted.

(e) If a voter who applies for early voting by mail has a

sickness or physical condition that prevents the voter from

appearing at the polling place on election day without a likelihood

of needing personal assistance or of injuring the voter's health,

or if the voter is expecting to give birth within three weeks before

or after election day, the balloting materials may be provided by

e-mail in PDF format, through a scanned format, or by any other

method of electronic transmission authorized by the secretary of

state. The secretary of state shall adopt procedures to implement

this subsection.

SECTION 4.04. Chapter 86, Election Code, is amended by

adding Section 86.0031 to read as follows:

Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING

BALLOT. (a) A voter voting by mail on the ground of absence from

the voter's county of residence may elect to receive the balloting

materials by electronic transmission on the voter's application for

an early voting ballot to be voted by mail.

(b) Balloting materials to be sent by electronic

transmission under this section include:

(1) the appropriate ballot;

(2) ballot instructions, including instructions that

inform a voter that the ballot must be returned by mail to be

counted;

(3) instructions prescribed by the secretary of state

on how to create a ballot envelope and carrier envelope or signature

sheet for the ballot; and

(4) a list of certified write-in candidates, if

applicable.

(c) The balloting materials may be provided by e-mail to the

voter in PDF format, through a scanned format, or by any other

method of electronic transmission authorized by the secretary of

state.

(d) An e-mail address used under this section to request

balloting materials is confidential and does not constitute public

information for purposes of Chapter 552, Government Code. An early

voting clerk shall ensure that a voter's e-mail address provided

under this section is excluded from public disclosure.

(e) The secretary of state shall prescribe procedures to

implement this section.

SECTION 4.05. Section 86.015(c), Election Code, is amended

to read as follows:

(c) An online tool used under this section must:

(1) for each election, record:

(A) each application for a ballot to be voted by

mail received by the clerk; and

(B) each carrier envelope sent to a voter by the

clerk;

(2) for each carrier envelope, record or assign a

serially numbered and sequentially issued barcode or tracking

number that is unique to each envelope;

(3) update the applicable Internet website as soon as

practicable after each of the following events occurs:

(A) receipt by the early voting clerk of the

person's application for a ballot to be voted by mail;

(B) acceptance or rejection by the early voting

clerk of the person's application for a ballot to be voted by mail;

(C) placement in the mail by the early voting

clerk of the person's official ballot;

(D) receipt by the early voting clerk of the

person's marked ballot; and

(E) acceptance or rejection by the early voting

ballot board of a person's marked ballot; and

(4) allow a voter to :

(A) submit a statement of residency;

(B) provide any information with respect to a

witness;

(C) attest to a contested signature or provide a

signature for a carrier envelope certificate; and

(D) correct any other issue with an application

or ballot the secretary of state determines is appropriate to cure

using the online tool described by Subsection (a) [ add or correct

information required under Section 84.002(a)(1-a) or Section

86.002(g) ].

SECTION 4.06. Section 87.0223(a), Election Code, is amended

to read as follows:

(a) If the early voting clerk has provided a voter a ballot

to be voted by mail by both regular mail and electronic transmission

or e-mail under Subchapter C, Chapter 101, or Chapter 101A, the

clerk may not deliver a jacket envelope containing the early voting

ballot voted by mail by the voter to the board until:

(1) both ballots are returned; or

(2) the deadline for returning marked ballots under

Section 86.007 has passed.

SECTION 4.07. Section 87.0431(a), Election Code, is amended

to read as follows:

(a) Not later than the 10th day after election day, the

presiding judge of the early voting ballot board shall deliver

written notice of the reason for the rejection of a ballot to the

voter at the residence address on the ballot application. If the

ballot was transmitted to the voter by electronic transmission or

e-mail under Subchapter C, Chapter 101, or Chapter 101A, the

presiding judge shall also provide the notice to the e-mail address

to which the ballot was sent.

SECTION 4.08. Subtitle B, Title 7, Election Code, is

amended by adding Chapter 101A to read as follows:

CHAPTER 101A. ELECTRONIC TRANSMISSION OF EARLY VOTING BALLOTING

MATERIALS TO VOTERS WITH A DISABILITY

Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING

MATERIALS. (a) A person may request from the appropriate early

voting clerk electronic transmission of balloting materials under

this chapter if the person:

(1) submits an application for an early voting ballot

to be voted by mail; and

(2) either:

(A) has a sickness or physical condition that

prevents the voter from appearing at the polling place on election

day without a likelihood of needing personal assistance or of

injuring the voter's health; or

(B) is expecting to give birth within three weeks

before or after election day.

(b) The early voting clerk shall grant a request made under

this section for the electronic transmission of balloting materials

if:

(1) the requestor has submitted a valid application

for a ballot to be voted by mail;

(2) the requestor indicates on the application that

the requestor meets the requirements under Subsection (a)(2);

(3) the requestor provides an e-mail address with the

request;

(4) the request is submitted on or before the seventh

day before the date of the election; and

(5) a marked ballot for the election from the

requestor has not been received by the early voting clerk.

Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An

e-mail address used under this chapter to request balloting

materials is confidential and does not constitute public

information for purposes of Chapter 552, Government Code. An early

voting clerk shall ensure that a voter's e-mail address provided

under this chapter is excluded from public disclosure.

Sec. 101A.003. ELECTIONS COVERED. Balloting materials may

be sent electronically under this chapter for any election in which

the voter who registers under this chapter is eligible to vote.

Sec. 101A.004. BALLOTING MATERIALS TO BE SENT

ELECTRONICALLY. Balloting materials to be sent electronically

under this chapter include:

(1) the appropriate ballot;

(2) ballot instructions, including instructions that

inform a voter that the ballot must be returned by mail to be

counted;

(3) instructions prescribed by the secretary of state

on how to create a carrier envelope or signature sheet for the

ballot; and

(4) a list of certified write-in candidates, if

applicable.

Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The

balloting materials may be provided to the voter using a method of

electronic transmission authorized by the secretary of state.

(b) The secretary of state shall prescribe procedures for

the retransmission of balloting materials following an

unsuccessful transmission of the materials to a voter.

Sec. 101A.006. FORM OF BALLOT. (a) The balloting materials

provided electronically to a voter must allow a voter with a visual

impairment or print disability to electronically receive and mark

the voter's ballot using screen reader assistive technology.

(b) The secretary of state shall develop instructions

regarding the use and availability of the technology described by

Subsection (a), including instructions on making the technology

available to voters and instructions for counting ballots completed

using the technology.

Sec. 101A.007. RETURN OF BALLOT. (a) A voter who receives

a ballot under this chapter must return the ballot in the same

manner as required under Section 101.057 except that a voter who

completes a signature sheet is not required to complete a carrier

envelope. Except as provided by Chapter 105, the voter may not

return the ballot by electronic transmission.

(b) A ballot that is not returned as required by Subsection

(a) is considered a ballot not timely returned and is not sent to

the early voting ballot board for processing.

(c) The deadline for the return of a ballot under this

section is the same deadline as provided in Section 86.007.

Sec. 101A.008. RULES. The secretary of state may adopt

rules as necessary to implement this chapter.

ARTICLE 5. INDEPENDENT CITIZEN REDISTRICTING COMMISSION

SECTION 5.01. The heading to Title 5, Government Code, is

amended to read as follows:

TITLE 5. OPEN GOVERNMENT; ETHICS ; REDISTRICTING

SECTION 5.02. Title 5, Government Code, is amended by

adding Subtitle C to read as follows:

SUBTITLE C. REDISTRICTING

CHAPTER 581. INDEPENDENT CITIZEN REDISTRICTING COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 581.001. DEFINITIONS. In this chapter:

(1) "Census year" means a calendar year in which the

United States decennial census is taken.

(2) "Commission" means the Independent Citizen

Redistricting Commission.

(3) "Immediate family member" means a person's spouse,

parent, child, sibling, in-law, or other individual with whom the

person has a bona fide family relationship established through

blood or legal relation.

(4) "Majority party" means, with respect to a

commission member, the political party with the most total votes

cast in the four statewide primary elections preceding the member's

appointment.

(5) "Minority party" means, with respect to a

commission member, the political party with the second highest

number of total votes cast in the four statewide primary elections

preceding the member's appointment.

(6) "Statewide primary election" means an election

held by a political party to select its nominee for governor or for

president of the United States. The term does not include a runoff

primary election.

Sec. 581.002. REDISTRICTING AUTHORITY. (a) The

Independent Citizen Redistricting Commission exercises the

legislative authority of this state to adopt redistricting plans

establishing or modifying district boundaries for the election of

the members of:

(1) the United States House of Representatives elected

from this state;

(2) the Texas Senate;

(3) the Texas House of Representatives; and

(4) the State Board of Education.

(b) A plan for district boundaries may be established or

modified only by the commission as provided by this chapter.

SUBCHAPTER B. MEMBERSHIP; POWERS AND DUTIES

Sec. 581.051. COMMISSION. (a) Not later than December 31

of each census year, the members of the Independent Citizen

Redistricting Commission shall be appointed and the commission

shall commence the redistricting process for the election of the

members of the United States House of Representatives elected from

this state, the Texas Senate, the Texas House of Representatives,

and the State Board of Education in connection with the census taken

that year.

(b) The commission members shall:

(1) conduct an open and transparent process enabling

full public consideration of, and comment on, the drawing of

district boundaries;

(2) draw district boundaries according to the

redistricting criteria specified in this chapter; and

(3) conduct themselves with integrity and fairness.

(c) The selection process for commission members is

designed to produce a commission that is independent from

legislative influence and reasonably representative of this

state's diversity.

(d) The commission consists of 14 members as follows:

(1) five majority party members, each of whom:

(A) voted in at least two of the statewide

primary elections in the five years preceding the member's

appointment held by the majority party;

(B) did not vote in any of the four statewide

primary elections preceding the member's appointment held by a

political party other than the majority party; and

(C) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot;

(2) five minority party members who:

(A) voted in at least two of the statewide

primary elections in the five years preceding the member's

appointment held by the minority party;

(B) did not vote in any of the four statewide

primary elections preceding the member's appointment held by a

political party other than the minority party; and

(C) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot;

and

(3) four independent members who:

(A) did not vote in any statewide primary

elections in the five years preceding the member's appointment; and

(B) voted in at least two of the three general

elections preceding the member's appointment in which the office of

governor or president of the United States appeared on the ballot.

Sec. 581.052. TERM OF OFFICE. The term of office of each

commission member expires at the time the first commission member

is appointed in the next census year.

Sec. 581.053. QUORUM AND VOTING. Nine commission members

constitute a quorum. The affirmative vote of at least nine

commission members is required for any official commission action.

Each final redistricting map must be approved by the affirmative

vote of at least nine commission members, including at least three

majority party members, at least three minority party members, and

at least three independent members, as provided by Section

581.051(d).

Sec. 581.054. PROHIBITED ACTIVITIES. A commission member

is ineligible for a period of 10 years beginning on the date of

appointment to hold a federal, state, or county office elected from

this state. A commission member is ineligible for a period of five

years beginning on the date of appointment to:

(1) hold an appointed federal office representing this

state;

(2) hold an appointed state or local office in this

state;

(3) serve as a paid employee of or as a paid consultant

to:

(A) a member of the United States Congress

elected from this state;

(B) the legislature; or

(C) a member of the legislature; or

(4) register as a lobbyist in this state.

Sec. 581.055. APPLICATIONS. (a) Not later than January 1

of each census year, the state auditor shall initiate an

application process for commission members.

(b) The process must be open to all registered voters of

this state and promote a diverse and qualified applicant pool.

Sec. 581.056. APPLICANT REVIEW PANEL. (a) The state

auditor shall establish an applicant review panel consisting of

three interested citizens to screen applicants. The state auditor

shall randomly draw the names of three interested citizens from a

pool consisting of all citizens who have applied under procedures

established by the state auditor to serve on the applicant review

panel. The state auditor shall draw until the names of three

interested citizens have been drawn, including:

(1) one who would qualify as a majority party member of

the commission under Section 581.051(d)(1);

(2) one who would qualify as a minority party member of

the commission under Section 581.051(d)(2); and

(3) one who would qualify as an independent member of

the commission under Section 581.051(d)(3).

(b) After the drawing under Subsection (a), the state

auditor shall notify the three citizens whose names have been drawn

that they have been selected to serve on the panel. If any of the

three citizens decline to serve on the panel, the state auditor

shall resume the random drawing until three citizens who meet the

requirements of Subsection (a) have agreed to serve on the panel.

(c) An individual may not serve on the panel if the

individual has a conflict of interest described by Section 581.057.

Sec. 581.057. CONFLICTS OF INTEREST. (a) The state auditor

shall remove an applicant with a conflict of interest from the

applicant pool, including an applicant:

(1) who at any point during the 10 years preceding the

application date:

(A) was appointed or elected to, or was a

candidate for, federal or state office;

(B) served as an officer, employee, or paid

consultant of a political party or of the campaign committee of a

candidate for elective federal or state office;

(C) served as an elected or appointed member of a

political party's executive committee;

(D) was a registered lobbyist;

(E) served as a paid staff member for the United

States Congress; or

(F) contributed at least $2,000 or the amount

provided by Subsection (b) to any congressional or state candidate

for elective public office in any year;

(2) with an immediate family member who would be

disqualified as an applicant under Subdivision (1); or

(3) who is an employee of, a consultant to, party to a

contract with, or an immediate family member of the governor, a

member of the legislature, or a member of the United States

Congress.

(b) On January 1 of each year ending in the numeral 9, the

contribution amount prescribed by Subsection (a)(1)(F) is

increased or decreased by an amount equal to the amount prescribed

by that paragraph on December 31 of the preceding year multiplied by

the percentage increase or decrease during the preceding decade in

the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City

Average, as published by the United States Bureau of Labor

Statistics or its successor in function.

Sec. 581.058. SELECTION OF APPLICANT SUBPOOLS. (a) After

removing individuals with conflicts of interest from the applicant

pool under Section 581.057, the state auditor shall, not later than

August 1 of each census year, publicize the names of individuals in

the applicant pool.

(b) From the applicant pool described by Subsection (a), the

applicant review panel shall select:

(1) a majority subpool consisting of 20 of the most

qualified applicants who would qualify as majority party members

under Section 581.051(d)(1);

(2) a minority subpool consisting of 20 of the most

qualified applicants who would qualify as minority party members

under Section 581.051(d)(2); and

(3) an independent subpool consisting of 20 of the

most qualified applicants who would qualify as independent members

under Section 581.051(d)(3).

(c) The applicant review panel shall select the members of

the applicant subpools based on relevant analytical skills, ability

to be impartial, and appreciation for this state's diverse

demographics and geography.

(d) Not later than October 1 of each census year, the

applicant review panel shall present the members of the applicant

subpools to the caucus leaders of the majority party and minority

party of each house of the legislature as described by Section

581.059.

(e) Before presenting the applicant subpools as provided by

Subsection (d), a member of the applicant review panel may not

communicate with:

(1) a member, or a representative of a member, of the

United States Congress, the Texas Legislature, or the State Board

of Education about any matter related to the selection process; or

(2) a member of the applicant pool.

Sec. 581.059. STRIKES BY CAUCUS LEADERS. (a) Not later

than November 15 of each census year, the caucus leaders of the

majority party and minority party of each house of the legislature

may each strike up to two applicants from each applicant subpool

under Section 581.058(b), for a total of eight possible strikes per

applicant subpool.

(b) After all strikes have been made as provided by

Subsection (a), the caucus leaders shall present the remaining

members of each applicant subpool to the state auditor.

Sec. 581.060. DRAWING TO SELECT FIRST EIGHT COMMISSION

MEMBERS. Not later than November 20 of each census year, the state

auditor shall select the first eight members of the commission by

randomly drawing:

(1) three applicants from the majority subpool who

were not struck under Section 581.059;

(2) three applicants from the minority subpool who

were not struck under Section 581.059; and

(3) two applicants from the independent subpool who

were not struck under Section 581.059.

Sec. 581.061. APPOINTMENT OF REMAINING COMMISSION MEMBERS.

(a) Not later than December 31 of each census year, the eight

commission members selected under Section 581.060 shall review the

remaining names in each applicant subpool and appoint to the

commission:

(1) two remaining applicants from the majority subpool

who were not struck under Section 581.059;

(2) two remaining applicants from the minority subpool

who were not struck under Section 581.059; and

(3) two remaining applicants from the independent

subpool who were not struck under Section 581.059.

(b) An appointment under Subsection (a) must be approved by

at least five affirmative votes of commission members selected

under Section 581.060, including at least two votes of commission

members drawn from the majority subpool, at least two votes of

commission members drawn from the minority subpool, and at least

one vote of a commission member drawn from the independent subpool.

(c) In making appointments under Subsection (a), the

commission members shall ensure that the commission reflects this

state's diversity, including racial, ethnic, geographic, and

gender diversity. However, the legislature does not intend that

formulas or specific ratios be applied for this purpose.

(d) Appointments under Subsection (a) shall also be made

based on relevant analytical skills and the ability to be

impartial.

SUBCHAPTER C. ORGANIZATION OF COMMISSION

Sec. 581.101. OFFICERS. The commission shall select by a

vote of at least two-thirds of its members one member as chair and

one member as vice chair. The chair and vice chair may not both be

majority party members, minority party members, or independent

members as described by Section 581.051(d).

Sec. 581.102. REMOVAL OF COMMISSION MEMBER. (a) After

having been served written notice and provided with an opportunity

for a response, a commission member may be removed by the governor

with the concurrence of two-thirds of the members of the senate for

substantial neglect of duty, gross misconduct in office, or

inability to discharge the duties of office.

(b) A commission member removed for substantial neglect of

duty or gross misconduct in office may be referred to the attorney

general for criminal investigation or to an appropriate

administrative agency for investigation.

Sec. 581.103. VACANCY. (a) A vacancy on the commission

shall be filled, not later than the 30th day after the date the

vacancy occurs, by appointment by the commission of a remaining

applicant who was not struck under Section 581.059 from the same

applicant subpool as the vacating member.

(b) If a vacancy on the commission occurs and no applicant

from the same applicant subpool as the vacating member is available

for appointment to the commission, the state auditor and an

applicant review panel shall solicit and select an appropriate

number of new applicants for the applicable subpool using, to the

extent practicable, the procedures provided by Sections 581.055,

581.056, 581.057, and 581.058(a)-(c) but disregarding the

deadlines provided by those sections. The commission shall fill the

vacancy as soon as practicable by appointment of one of the new

applicants described by this subsection.

Sec. 581.104. BUDGET. The legislature may appropriate to

the state auditor, the secretary of state, and the commission

amounts sufficient to implement the redistricting process required

by this chapter.

SUBCHAPTER D. COMMISSION POWERS AND DUTIES

Sec. 581.151. REDISTRICTING PLAN; STANDARDS. (a) The

commission shall establish or modify districts described by Section

581.002 through a mapping process using the following criteria in

the following order of priority:

(1) districts must comply with the United States

Constitution;

(2) districts must achieve population equality as

nearly as is practicable;

(3) districts must comply with the federal Voting

Rights Act of 1965 (52 U.S.C. Section 10101 et seq.);

(4) districts must be geographically contiguous;

(5) the geographic integrity of each municipality,

county, local neighborhood, and local community of interest must be

respected in a manner that minimizes its division to the extent

possible without violating the requirements of any of the preceding

subdivisions; and

(6) to the extent practicable and to the extent that

compliance with this subdivision does not preclude compliance with

any of the preceding subdivisions, districts must be drawn to

encourage geographical compactness so that nearby areas of

population are not bypassed for more distant areas of population.

(b) For purposes of Subsection (a)(5), a community of

interest is a contiguous population that shares common social and

economic interests that should be included within a single district

for purposes of that population's effective and fair

representation. Communities of interest may not be determined

based on relationships with political parties, incumbents, or

political candidates.

(c) The place of residence of any incumbent or political

candidate may not be considered in the creation of a map. Districts

may not be drawn for the purpose of favoring or discriminating

against an incumbent, political candidate, or political party.

(d) The mapping process described by Subsection (a) may not

make use of past or current boundary lines when establishing or

modifying districts. The commission shall begin the mapping

process as if no prior districts have been drawn.

(e) Not later than September 15 of each year following a

census year, the commission shall approve a final map that sets

forth the boundary lines of the districts for the election of the

members of the United States House of Representatives, the Texas

Senate, the Texas House of Representatives, and the State Board of

Education elected from this state. On approval, the commission

shall certify each final map to the secretary of state.

(f) The commission shall issue, with the final map, a report

that explains the basis on which the commission made its decisions

in achieving compliance with the criteria listed in Subsection (a)

and shall include definitions of the terms and standards used in

drawing the final map.

(g) If the commission fails to approve a final map with the

vote and by the date required by this section, the secretary of

state shall immediately petition the Texas Supreme Court for an

order directing the appointment of special masters to adjust the

boundary lines of the districts required to be included in that map

in accordance with the redistricting criteria and requirements

provided by Subsections (a), (b), and (c). On approval of the

special masters' map, the Texas Supreme Court shall certify the map

to the secretary of state and the map constitutes the certified

final map for the districts included in the map.

(h) The boundary lines of the districts contained in a

certified final map apply beginning with the next statewide general

election and any corresponding primary elections.

Sec. 581.152. OPEN MEETINGS. (a) The commission is a

governmental body for purposes of Chapter 551.

(b) Notwithstanding Chapter 551, the secretary of state

must post notice on the secretary of state's Internet website of a

meeting of the commission for at least:

(1) 14 days before the date of a meeting, other than a

meeting described by Subdivision (2); or

(2) three days before the date of a meeting held in

September of a year following a census year.

(c) Except in a closed meeting authorized by Subchapter D,

Chapter 551, a member or employee of the commission may not

communicate with or knowingly receive communications about a

redistricting matter from anyone outside of an open meeting.

Sec. 581.153. PUBLIC INFORMATION. (a) The commission is a

governmental body for purposes of Chapter 552.

(b) The commission shall post information relating to

redistricting and all data considered by the commission in a manner

that ensures immediate and widespread public access.

Sec. 581.154. EMPLOYEES AND CONTRACTORS. (a) The

commission may hire employees and hire or contract with legal

counsel and consultants as needed in the manner provided by this

section.

(b) The commission must make hiring, removal, or

contracting decisions for employees, legal counsel, and

consultants by the affirmative vote of at least nine members,

including at least three majority party members, at least three

minority party members, and at least three independent members as

described by Section 581.051(d).

(c) The commission shall ensure that at least one of the

legal counsel hired by the commission has demonstrated extensive

experience and expertise in implementing and enforcing the federal

Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.).

(d) The commission shall establish for individuals

described by Subsection (a):

(1) clear criteria for hiring and removal;

(2) communication protocols; and

(3) a code of conduct.

(e) To the extent practicable, the commission shall avoid

selecting employees, legal counsel, or consultants who would be

disqualified from commission membership because of a conflict of

interest described by Section 581.057(a).

Sec. 581.155. PUBLIC OUTREACH. (a) The commission shall

establish and implement an open hearing process for public input

and deliberation that is subject to public notice and promoted

through a thorough outreach program to solicit broad public

participation in the redistricting public review process.

(b) The hearing process must include hearings to receive

public input before the commission draws any maps and hearings

following the drawing and display of any commission maps. In

addition, the commission shall supplement hearings with other

appropriate activities to further increase opportunities for the

public to observe and participate in the review process.

(c) The commission shall hold a public hearing in each

proposed congressional district and display maps for public comment

in a manner designed to achieve the widest public access reasonably

possible.

(d) The commission shall publicly display a preliminary map

for congressional, state legislative, and State Board of Education

districts and shall accept public comment for at least 14 days after

the date the preliminary map is first publicly displayed. The

commission may not display any other maps for public comment during

that 14-day period.

(e) The commission shall review all public comment and other

testimony received at each hearing and make any necessary revisions

before approving a final map.

(f) The commission shall make an audiovisual recording of

each hearing conducted under this section and ensure the recording

is made publicly available on the legislature's Internet website

with accommodations to increase accessibility not later than 48

hours after the hearing concludes.

Sec. 581.156. LEGAL CHALLENGE. (a) The commission has sole

standing to defend a legal challenge to a final map certified under

Section 581.151 before a court other than the Texas Supreme Court or

a Texas court of appeals. The legislature may provide adequate

funding and other resources to the commission to defend a certified

final map. The attorney general shall, at the commission's request,

represent the commission in defense of a certified final map. The

commission may, in its sole discretion, retain legal counsel other

than the attorney general to represent the commission in defense of

a certified final map before a court other than the Texas Supreme

Court or a Texas court of appeals.

(b) Any registered voter in this state may file a petition

for a writ of mandamus or writ of prohibition, not later than the

45th day after the date a final map is certified to the secretary of

state, to bar the secretary of state from implementing the map on

the grounds that the map violates the Texas Constitution, the

United States Constitution, or any federal or state statute.

(c) If the court determines that a final certified map

violates the Texas Constitution, the United States Constitution, or

any federal or state statute, the court shall fashion the relief

that the court deems appropriate, including the relief described by

Section 581.151(g).

SUBCHAPTER E. ADMINISTRATIVE SUPPORT AND OTHER RESOURCES

Sec. 581.201. ADMINISTRATIVE SUPPORT BY SECRETARY OF STATE.

Following the appointment of new commission members in each census

year, the secretary of state shall provide administrative support

to the commission until the commission's staff and office are fully

functional.

Sec. 581.202. PER DIEM AND EXPENSES. (a) A commission

member is entitled to a per diem of $300 or the amount provided by

Subsection (b) for each day the member is engaged in commission

business.

(b) On January 1 of each census year the per diem amount

prescribed by Subsection (a) is increased or decreased by an amount

equal to the amount prescribed by that subsection on December 31 of

the preceding year multiplied by the percentage increase or

decrease during the preceding decade in the Consumer Price Index

for All Urban Consumers (CPI-U), U.S. City Average, as published by

the United States Bureau of Labor Statistics or its successor in

function.

(c) A commission member is eligible for reimbursement of

expenses incurred in connection with the member's performance of

duties under this chapter.

(d) For purposes of calculating expense reimbursement, a

member's residence is considered to be the member's place of

employment.

SECTION 5.03. Section 2058.002(a), Government Code, is

amended to read as follows:

(a) The legislature , the Independent Citizen Redistricting

Commission, or the Legislative Redistricting Board under Section

28, Article III, [ Section 28, of the ] Texas Constitution , may

officially recognize or act on a federal decennial census before

September 1 of the year after the calendar year during which the

census was taken.

ARTICLE 6. AGE OF VOTER

SECTION 6.01. 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 not currently be incarcerated for that offense

[ 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 6.02. 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

chair of each political party required to make nominations by

primary election, shall prescribe the procedures necessary to

implement this section.

ARTICLE 7. REPEALER; TRANSITION; EFFECTIVE DATE

SECTION 7.01. The following provisions of the Election Code

are repealed:

(1) Section 43.007(i);

(2) Section 82.001;

(3) Section 82.002;

(4) Section 82.003;

(5) Section 82.004;

(6) Section 82.008;

(7) Sections 84.002(b), (b-1), and (c);

(8) Section 84.0111;

(9) Sections 86.001(f), (f-1), and (f-2);

(10) Sections 86.002(g) and (h);

(11) Section 87.041(d-1);

(12) Section 112.002(b);

(13) Section 276.016; and

(14) Section 276.017.

SECTION 7.02. The secretary of state shall adopt rules as

required by Section 63.010, Election Code, as added by this Act, not

later than February 1, 2026.

SECTION 7.03. The changes in law made by this Act by adding

Sections 12.007 and 63.010, Election Code, and amending Section

85.031(a), Election Code, apply only to an election for which early

voting by personal appearance begins on or after February 1, 2026.

SECTION 7.04. The change in law made to Section 13.046(h),

Election Code, as amended by this Act, applies beginning with the

2025-2026 school year.

SECTION 7.05. Chapter 581, Government Code, as added by

this Act, applies only in relation to a United States decennial

census taken on or after January 1, 2030. The establishment or

modification of district boundaries in connection with a United

States decennial census taken before that date, including any legal

challenge, is governed by the law in effect immediately before the

effective date of this Act, and the former law is continued in

effect for that purpose.

SECTION 7.06. Except as provided by this article, the

changes in law made by this Act apply only to an election ordered on

or after September 1, 2025.

SECTION 7.07. (a) Except as provided by Subsections (b)

and (c) of this section, this Act takes effect September 1, 2025.

(b) Article 5 of this Act takes effect January 1, 2029, but

only if the constitutional amendment proposed by the 89th

Legislature, Regular Session, 2025, establishing an independent

redistricting commission to establish or modify districts for the

election of the members of the United States House of

Representatives elected from this state, the Texas Senate, the

Texas House of Representatives, and the State Board of Education is

approved by the voters. If that proposed constitutional amendment

is not approved by the voters, this Act has no effect.

(c) Article 6 of this Act takes effect on the date on which

the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, authorizing a person who will be 18 years of

age or older on the date of the general election for state and

county officers to vote in the preceding primary election takes

effect. If that amendment is not approved by the voters, this Act

has no effect.