Lowe Bill’s Citizenship Proof Rule Stops At Federal Law

The text as introduced · 981 words

89R15495 MPF-D

By: Lowe
H.B. No. 4902

A BILL TO BE ENTITLED

AN ACT

relating to voter registration.

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

SECTION 1. Section 13.002, Election Code, is amended by

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

follows:

(a) A person desiring to register to vote must submit an

application and proof of citizenship as required under Subsection

(a-1) to the registrar of the county in which the person

resides. Except as provided by Subsection (e), an application must

be submitted by personal delivery, by mail, or by telephonic

facsimile machine in accordance with Sections 13.143(d) and (d-2).

(a-1) To the extent permitted by the National Voter

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

Arizona v. Inter Tribal Council of Arizona, Inc. , 570 U.S. 1 (2013), , 570 U.S. 1 (2013),

the secretary of state shall prescribe rules that require a person

to submit to the registrar proof of citizenship to determine voter

eligibility.

SECTION 2. Subchapter A, Chapter 13, Election Code, is

amended by adding Section 13.0022 to read as follows:

Sec. 13.0022. NOTICE TO PRESENT PROOF OF CITIZENSHIP FOR

APPLICATION SUBMITTED BY MAIL OR BY TELEPHONIC FACSIMILE MACHINE.

(a) This section applies only to a registration application

submitted by mail or by telephonic facsimile machine.

(b) On receipt of a registration application, the registrar

shall transmit a notice to the applicant of any requirements

prescribed by the secretary of state under Section 13.002(a-1) and

include instructions to enable the applicant to satisfy those

requirements.

SECTION 3. Subchapter A, Chapter 18, Election Code, is

amended by adding Section 18.014 to read as follows:

Sec. 18.014. AVAILABILITY OF REAL PROPERTY INFORMATION.

(a) For the purpose of maintaining a list of registered voters, the

secretary of state, a registrar, or a private entity contracted

with the secretary under Section 18.0625 may use publicly available

real estate records, information on zoning regulations in this

state, and any other relevant real property data to:

(1) verify that a voter's residence address

corresponds to a residential property; and

(2) identify any residence address of a voter that

appears not to correspond to a residential property, including a

vacant lot or commercial property.

(b) If the secretary of state or a registrar determines that

a voter on a list of registered voters has a residence address that

does not correspond to a residential property, the secretary or

registrar shall deliver a written confirmation notice to the voter

in accordance with Section 15.051.

SECTION 4. Subchapter C, Chapter 18, Election Code, is

amended by adding Sections 18.0625 and 18.0626 to read as follows:

Sec. 18.0625. THIRD-PARTY STATEWIDE COMPUTERIZED VOTER

REGISTRATION LIST CONTRACT. (a) The secretary of state may contract

with one or more private entities to assist the secretary in

maintaining the statewide voter registration list by:

(1) comparing voter information on the statewide voter

registration list with information on the National Change of

Address database;

(2) comparing voter information from other states to

identify voters registered to vote in more than one state;

(3) reviewing information regarding individuals who

have moved into or out of this state; and

(4) recommending to the secretary of state for removal

from the statewide voter registration list any voter identified

under a criteria described by Subdivisions (1)-(3) who may no

longer be eligible or who may have duplicate registrations.

(b) A contract entered into with a private entity under

Subsection (a) must:

(1) include provisions related to the security and

confidentiality of a voter's information;

(2) comply with all state and federal laws relating to

the protection of personal information and election integrity; and

(3) provide reasonable compensation to the private

entity from money made available to the secretary of state for that

purpose.

(c) The secretary of state shall provide a county voter

registrar any information provided to the secretary by a system

provider contracted with the secretary under this section regarding

a voter registered to vote in the registrar's county.

Sec. 18.0626. THIRD-PARTY MAIL NOTIFICATION TO REGISTRAR.

(a) An entity that contracts with the secretary of state under

Section 18.0625 shall provide a registrar by mail any information

on a voter registered to vote in the registrar's county who the

entity determines:

(1) is not a citizen of the United States;

(2) does not reside at the voter's residence address;

or

(3) is otherwise not qualified to vote under Section

11.002.

(b) The information provided to a registrar under

Subsection (a) must include the specific grounds for which the

entity claims the voter is not eligible to vote and any relevant

supporting documentation.

(c) A registrar shall review any information provided under

this section and, if the registrar determines that reasonable

grounds exist to believe the voter is not eligible to vote, deliver

a written confirmation notice to the voter in accordance with

Section 15.051.

SECTION 5. (a) Not later than January 1, 2026, the

secretary of state shall request that the federal Election

Assistance Commission alter the mail voter registration

application form requirements described in the National Voter

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

include a requirement that applicants submit documented proof of

citizenship as a condition to registration in Texas.

(b) If the commission fails to comply before the 180th day

following the secretary of state's request under this section, the

attorney general shall seek enforcement in a court of law.

SECTION 6. Section 13.0022, Election Code, as added by this

Act, applies only to an application for voter registration

submitted on or after the effective date of this Act. An

application for voter registration submitted before the effective

date of this Act is governed by the law in effect when the

application was submitted, and the former law is continued in

effect for that purpose.

SECTION 7. This Act takes effect September 1, 2025.