Leach Bill Makes Nursing Homes Alert Guardians To Mail Ballots

The text as introduced · 1,386 words

90R49 LRM-D

By: Leach
H.B. No. 447

A BILL TO BE ENTITLED

AN ACT

relating to an application for a ballot to be voted by mail

submitted by certain residents of an assisted living facility, a

nursing facility, or an intermediate care facility.

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

SECTION 1. Section 84.014, Election Code, is amended to

read as follows:

Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN

APPLICATIONS. (a) In this section, "long-term care facility"

means a facility licensed under Chapter 242, 247, or 252, Health and

Safety Code.

(b) If an applicant provides a date of birth, driver's

license number, or social security number on the applicant's

application for an early voting ballot to be voted by mail that is

different from or in addition to the information maintained by the

voter registrar in accordance with Title 2, the early voting clerk

shall notify the voter registrar. The voter registrar shall update

the voter's record with the information provided by the applicant.

(c) An early voting clerk who receives an application for a

ballot to be voted by mail that includes the address of a long-term

care facility shall notify the Health and Human Services Commission

of the application. The secretary of state in coordination with the

Health and Human Services Commission may adopt rules and prescribe

procedures for the notification required by this subsection.

SECTION 2. Subchapter A, Chapter 242, Health and Safety

Code, is amended by adding Section 242.021 to read as follows:

Sec. 242.021. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO

CERTAIN RESIDENTS. (a) Following notification by an early voting

clerk under Section 84.014, Election Code, the commission shall

notify a nursing facility in writing of a request for a ballot by

mail submitted for a facility resident.

(b) Upon receipt of the notification under Subsection (a), a

nursing facility shall determine if the resident that requested the

ballot by mail has a legal guardian or has appointed an agent by a

statutory durable power of attorney or medical power of attorney.

If a legal guardian or agent has been appointed, the facility shall,

not later than the fifth business day after receiving the

notification, notify the guardian or agent of the resident that a

ballot by mail was requested on behalf of the resident.

(c) The commission shall conduct an audit to determine

compliance with this section. The audit must:

(1) include at least 2.5 percent of all licensed

facilities as of the date of each primary and general election for

state and county officers; and

(2) be conducted not later than the 45th day after the

date of each primary or general election for state and county

officers.

(d) Nothing in this section may be construed to require a

nursing facility to contact a person described by Subsection (b)

who is not listed as a point of contact for a resident in the

facility's records.

(e) The commission may adopt rules as necessary to

administer this section.

SECTION 3. Section 242.061(a-1), Health and Safety Code, is

amended to read as follows:

(a-1) The department, after providing notice and

opportunity for a hearing to the applicant or license holder, may

deny, suspend, or revoke a license if the department finds that the

applicant, the license holder, or any other person described by

Section 242.032(d) has:

(1) violated this chapter or a rule, standard, or

order adopted or license issued under this chapter in either a

repeated or substantial manner;

(2) committed any act described by Sections

242.066(a)(2)-(6); or

(3) failed to comply with Sections 242.021 and

[ Section ] 242.074.

SECTION 4. Section 247.041(a), Health and Safety Code, is

amended to read as follows:

(a) The department, after providing notice and opportunity

for a hearing to the applicant or license holder, may deny, suspend,

or revoke a license if the department finds that the applicant,

license holder, or a controlling person has:

(1) violated this chapter or a rule, standard, or

order adopted or license issued under this chapter in either a

repeated or substantial manner; [ or ]

(2) committed any act described by Sections

247.0451(a)(2)-(6) ; or

(3) failed to comply with Section 247.074 .

SECTION 5. Subchapter D, Chapter 247, Health and Safety

Code, is amended by adding Section 247.074 to read as follows:

Sec. 247.074. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO

CERTAIN RESIDENTS. (a) Following notification by an early voting

clerk under Section 84.014, Election Code, the commission shall

notify an assisted living facility in writing of a request for a

ballot by mail submitted for a facility resident.

(b) Upon receipt of the notification under Subsection (a),

an assisted living facility shall determine if the resident that

requested the ballot by mail has a legal guardian or has appointed

an agent by a statutory durable power of attorney or medical power

of attorney. If a legal guardian or agent has been appointed, the

facility shall, not later than the fifth business day after

receiving the notification, notify the guardian or agent of the

resident that a ballot by mail was requested on behalf of the

resident.

(c) The commission shall conduct an audit to determine

compliance with this section. The audit must:

(1) include at least 2.5 percent of all licensed

facilities as of the date of each primary and general election for

state and county officers; and

(2) be conducted not later than the 45th day after the

date of each primary or general election for state and county

officers.

(d) Nothing in this section may be construed to require an

assisted living facility to contact a person described by

Subsection (b) who is not listed as a point of contact for a

resident in the facility's records.

(e) The commission may adopt rules as necessary to

administer this section.

SECTION 6. Subchapter A, Chapter 252, Health and Safety

Code, is amended by adding Section 252.012 to read as follows:

Sec. 252.012. NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO

CERTAIN RESIDENTS. (a) Following notification by an early voting

clerk under Section 84.014, Election Code, the commission shall

notify an intermediate care facility in writing of a request for a

ballot by mail submitted for a facility resident.

(b) Upon receipt of the notification under Subsection (a), a

facility shall determine if the resident that requested the ballot

by mail has a legal guardian or has appointed an agent by a

statutory durable power of attorney or medical power of attorney.

If a legal guardian or agent has been appointed, the facility shall,

not later than the fifth business day after receiving the

notification, notify the guardian or agent of the resident that a

ballot by mail was requested on behalf of the resident.

(c) The commission shall conduct an audit to determine

compliance with this section. The audit must:

(1) include at least 2.5 percent of all licensed

facilities as of the date of each primary and general election for

state and county officers; and

(2) be conducted not later than the 45th day after the

date of each primary or general election for state and county

officers.

(d) Nothing in this section may be construed to require an

intermediate care facility to contact a person described by

Subsection (b) who is not listed as a point of contact for a

resident in the facility's records.

(e) The commission may adopt rules as necessary to

administer this section.

SECTION 7. Section 252.035(a), Health and Safety Code, is

amended to read as follows:

(a) The department, after providing notice and opportunity

for a hearing to the applicant or license holder, may deny, suspend,

or revoke a license if the department finds that the applicant or

license holder has :

(1) substantially failed to comply with the

requirements established under this chapter ; or

(2) failed to comply with Section 252.012 .

SECTION 8. The changes in law made by this Act apply to an

application for a ballot to be voted by mail submitted on or after

the effective date of this Act. An application for a ballot to be

voted by mail submitted before the effective date of this Act is

governed by the law in effect on the date the application was

submitted.

SECTION 9. This Act takes effect September 1, 2027.