HB304 - Relating to the procedure for accepting a voter who presents as identification a personal identification certificate, driver's license, or commercial driver's license issued to the voter that indicates the voter has not presented proof of the voter's United States citizenship to the Department of Public Safety.

  89R21790 TSS-F     By: Guillen, et al. H.B. No. 304     Substitute the following for H.B. No. 304:     By:  Shaheen C.S.H.B. No. 304       A BILL TO BE ENTITLED   AN ACT   relating to the procedure for accepting a voter who presents as   identification a personal identification certificate, driver's   license, or commercial driver's license issued to the voter that   indicates the voter has not presented proof of the voter's United   States citizenship to the Department of Public Safety.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 63, Election Code, is amended by adding   Section 63.0014 to read as follows:           Sec.   63.0014.     ACCEPTING VOTERS WITH LIMITED VALIDITY FOR   VOTING DESIGNATOR. (a)   Notwithstanding any other provision of   this code, a voter who presents a personal identification   certificate, driver's license, or commercial driver's license as   photo identification with a designator reading "VALID FOR VOTING   ONLY WITH VERIFICATION OF ELIGIBILITY" may only be accepted for   voting if the voter also presents proof of the voter's United States   citizenship.           (b)     If the requirements of Subsection (a) are not met, the   voter may be accepted for provisional voting only under Section   63.011. For a voter who is not accepted for voting under this   section, an election officer shall:                 (1)     inform the voter of the voter's right to cast a   provisional ballot under Section 63.011; and                 (2)     provide the voter with written information, in a   form prescribed by the secretary of state, that:                       (A)  lists the requirements for identification;                       (B)     states the procedure for presenting   identification under Section 65.0541;                       (C)     includes a map showing the location where   identification must be presented; and                       (D)     includes notice that if all procedures are   followed and the voter is found to be eligible to vote and is voting   in the correct precinct, the voter's provisional ballot will be   accepted.          SECTION 2.  Section 63.011(a), Election Code, is amended to   read as follows:          (a)  A person to whom Section 63.001(g) , 63.0014(b), or   63.009 applies may cast a provisional ballot if the person executes   an affidavit stating that the person:                (1)  is a registered voter in the precinct in which the   person seeks to vote; and                (2)  is eligible to vote in the election.          SECTION 3.  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) or 63.0014 may, not later than   the sixth day after the date of the election do one of the   following, as applicable :                (1)  present a form of identification 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 ; or                 (3)     present proof of the voter's United States   citizenship .          SECTION 4.  Subchapter E, Chapter 521, Transportation Code,   is amended by adding Section 521.1017 to read as follows:           Sec.   521.1017.     LIMITED VALIDITY FOR VOTING DESIGNATOR. If,   at the time a person applies for a personal identification   certificate, the person does not provide proof of the person's   United States citizenship, the personal identification certificate   issued to the person must display on the back of the certificate a   designator reading "VALID FOR VOTING ONLY WITH VERIFICATION OF   ELIGIBILITY."          SECTION 5.  Subchapter F, Chapter 521, Transportation Code,   is amended by adding Section 521.1225 to read as follows:           Sec.   521.1225.     LIMITED VALIDITY FOR VOTING DESIGNATOR. If,   at the time a person applies for a driver's license, the person does   not provide proof of the person's United States citizenship, the   driver's license issued to the person must display on the back of   the license a designator reading "VALID FOR VOTING ONLY WITH   VERIFICATION OF ELIGIBILITY."          SECTION 6.  Section 521.126, Transportation Code, is amended   by adding Subsection (a-1) to read as follows:           (a-1)     The electronically readable information derived from   a driver's license, commercial driver's license, or personal   identification certificate must include whether the license or   certificate displays a limited validity for voting designator   required under Section 521.1017, 521.1225, or 522.030(e).          SECTION 7.  Section 522.030, Transportation Code, is amended   by adding Subsection (e) to read as follows:           (e)     The department shall include on each commercial   driver's license issued under this chapter to a person who did not   provide proof of the person's United States citizenship at the time   the person applied for the license a designator displayed on the   back of the license reading "VALID FOR VOTING ONLY WITH   VERIFICATION OF ELIGIBILITY."          SECTION 8.  The changes in law made by this Act to   Subchapters E and F, Chapter 521, Transportation Code, and Section   522.030, Transportation Code, apply only to a personal   identification certificate, driver's license, or commercial   driver's license issued or renewed on or after the effective date of   this Act.  A personal identification certificate, driver's license,   or commercial driver's license issued or renewed before the   effective date of this Act is governed by the law in effect when the   certificate or license was issued or renewed, and the former law is   continued in effect for that purpose.          SECTION 9.  This Act takes effect March 1, 2026.