HB4902 - Relating to voter registration.

  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.