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        |  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to requiring a voter to present proof of identification. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter A, Chapter 31, Election Code, is | 
      
        |  | amended by adding Section 31.013 to read as follows: | 
      
        |  | Sec. 31.013.  MOBILE LOCATIONS FOR OBTAINING | 
      
        |  | IDENTIFICATION.  (a)  The secretary of state shall establish a | 
      
        |  | program using mobile units to provide election identification | 
      
        |  | certificates to voters for the purpose of satisfying the | 
      
        |  | requirements of Section 63.001(b).  A mobile unit may be used at | 
      
        |  | special events or at the request of a constituent group. | 
      
        |  | (b)  In establishing the program, the secretary of state | 
      
        |  | shall consult with the Department of Public Safety on the creation | 
      
        |  | of the program, security relating to the issuance of an election | 
      
        |  | identification certificate, best practices in issuing an election | 
      
        |  | identification certificate, and equipment required to issue an | 
      
        |  | election identification certificate. | 
      
        |  | (c)  The secretary of state may not charge a fee to a group | 
      
        |  | that requests a mobile unit established under this section. | 
      
        |  | (d)  If the secretary of state cannot ensure the required | 
      
        |  | security or other necessary elements of the program, the secretary | 
      
        |  | of state may deny a request for a mobile unit established under this | 
      
        |  | section. | 
      
        |  | (e)  The secretary of state shall adopt rules necessary for | 
      
        |  | the implementation of this section. | 
      
        |  | SECTION 2.  Subchapter E, Chapter 31, Election Code, is | 
      
        |  | amended by adding Section 31.125 to read as follows: | 
      
        |  | Sec. 31.125.  ELECTION IDENTIFICATION CERTIFICATES.  (a) The | 
      
        |  | county clerk shall provide a location at the county clerk's office | 
      
        |  | and at each subcourthouse located in the county for the Department | 
      
        |  | of Public Safety to issue an election identification certificate | 
      
        |  | under Section 521A.001, Transportation Code, during all regular | 
      
        |  | business hours. | 
      
        |  | (b)  The secretary of state shall negotiate an agreement that | 
      
        |  | the Department of Public Safety and each county clerk shall enter | 
      
        |  | into for the purpose of issuing election identification | 
      
        |  | certificates under this section. | 
      
        |  | SECTION 3.  Section 63.001, Election Code, is amended by | 
      
        |  | amending Subsection (b) and adding Subsections (c-1) and (i) 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 | 
      
        |  | [ described by] Section 63.0101(a); or | 
      
        |  | (2)  one form of identification listed in Section | 
      
        |  | 63.0101(b) accompanied by the declaration described by Subsection | 
      
        |  | (i) [ 63.0101]. | 
      
        |  | (c-1)  An election officer may not refuse to accept | 
      
        |  | documentation presented to meet the requirements of Subsection (b) | 
      
        |  | solely because the address on the documentation does not match the | 
      
        |  | address on the list of registered voters. | 
      
        |  | (i)  If the requirement for identification prescribed by | 
      
        |  | Subsection (b)(1) 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) | 
      
        |  | and executes a declaration under penalty of perjury declaring the | 
      
        |  | voter's identity.  The secretary of state shall prescribe the | 
      
        |  | following form of the affidavit: | 
      
        |  | DECLARATION OF VOTER'S IDENTITY TO BE COMPLETED BY VOTER | 
      
        |  | Name: | 
      
        |  | VOTER'S DECLARATION OF IDENTITY | 
      
        |  | By signing this declaration, I swear or affirm under penalty of | 
      
        |  | perjury that my name is listed as ________________ on the official | 
      
        |  | voter registration list, that I am that person, and that I currently | 
      
        |  | reside at | 
      
        |  | ___________________________________________________________ | 
      
        |  | Signature of VoterDate | 
      
        |  | Sworn to and subscribed before me this | 
      
        |  | _____ day of __________, 20___ | 
      
        |  | Presiding Judge _______________ | 
      
        |  | SECTION 4.  Section 63.0101, Election Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION. | 
      
        |  | (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 person | 
      
        |  | by the Department of Public Safety or the equivalent agency of | 
      
        |  | another state [ that has not expired or that expired no earlier than  | 
      
        |  | 60 days before the date of presentation]; | 
      
        |  | (2)  a United States military identification card that | 
      
        |  | contains the person's photograph [ that has not expired or that  | 
      
        |  | expired no earlier than 60 days before the date of presentation]; | 
      
        |  | (3)  a United States citizenship certificate issued to | 
      
        |  | the person that contains the person's photograph; | 
      
        |  | (4)  a United States passport issued to the person | 
      
        |  | [ that has not expired or that expired no earlier than 60 days before  | 
      
        |  | the date of presentation]; [or] | 
      
        |  | (5)  a license to carry a handgun issued to the person | 
      
        |  | by the Department of Public Safety; | 
      
        |  | (6)  an election identification certificate issued to | 
      
        |  | the person by the Department of Public Safety; | 
      
        |  | (7)  a valid identification card that contains the | 
      
        |  | person's photograph and is issued by: | 
      
        |  | (A)  an agency or institution of the federal | 
      
        |  | government; or | 
      
        |  | (B)  an agency, institution, or political | 
      
        |  | subdivision of any state; | 
      
        |  | (8)  a photo identification card issued to the person | 
      
        |  | by a municipal, county, or state governmental entity or the United | 
      
        |  | States for the purpose of obtaining public benefits, including | 
      
        |  | veteran's benefits, Medicaid, or Medicare; | 
      
        |  | (9)  an official Native American tribal document that: | 
      
        |  | (A)  contains the person's photograph; and | 
      
        |  | (B)  is issued by a tribe that is federally | 
      
        |  | recognized; | 
      
        |  | (10)  a student identification card issued by an | 
      
        |  | institution of higher education or a private or independent | 
      
        |  | institution of higher education as those terms are defined by | 
      
        |  | Section 61.003, Education Code, that contains the person's | 
      
        |  | photograph; or | 
      
        |  | (11)  a United States Department of Veterans Affairs | 
      
        |  | identification card, including a Veteran Health Identification | 
      
        |  | Card, that contains the person's photograph [ that has not expired  | 
      
        |  | or that expired no earlier than 60 days before the date of  | 
      
        |  | presentation]. | 
      
        |  | (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 statement; | 
      
        |  | (C)  a government check; or | 
      
        |  | (D)  a paycheck; 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 person's identity. | 
      
        |  | (c)  A person 70 years of age or older may use a form of | 
      
        |  | identification listed in Subsection (a) that has expired for the | 
      
        |  | purposes of voting if the identification is otherwise valid. | 
      
        |  | (d)  Except as provided by Subsection (c), a form of | 
      
        |  | acceptable identification listed by Subsection (a) that has not | 
      
        |  | expired or expired not earlier than four years before the date of | 
      
        |  | presentation may be used as an acceptable form of photo | 
      
        |  | identification if the identification is otherwise valid. | 
      
        |  | SECTION 5.  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 described by  | 
      
        |  | Section 63.0101] to the voter registrar for examination: | 
      
        |  | (A)  a form of identification described by Section | 
      
        |  | 63.0101(a); or | 
      
        |  | (B)  a form of identification described by Section | 
      
        |  | 63.0101(b) accompanied by the declaration described by Section | 
      
        |  | 63.001(i); or | 
      
        |  | (2)  execute an affidavit described by Section | 
      
        |  | 65.054(b)(2)(B) or (C) in the presence of the voter registrar. | 
      
        |  | SECTION 6.  Section 272.011(b), Election Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The secretary of state shall prepare the translation for | 
      
        |  | election materials required to be provided in a language other than | 
      
        |  | English or Spanish for the following state prescribed voter forms: | 
      
        |  | (1)  voter registration application form required by | 
      
        |  | Section 13.002; | 
      
        |  | (2)  the confirmation form required by Section 15.051; | 
      
        |  | (3)  the voting instruction poster required by Section | 
      
        |  | 62.011; | 
      
        |  | (4)  the declaration of voter's identity required by | 
      
        |  | Section 63.001(b); | 
      
        |  | (5)  the statement of residence form required by | 
      
        |  | Section 63.0011; | 
      
        |  | (6) [ (5)]  the provisional ballot affidavit required | 
      
        |  | by Section 63.011; | 
      
        |  | (7) [ (6)]  the application for a ballot by mail | 
      
        |  | required by Section 84.011; | 
      
        |  | (8) [ (7)]  the carrier envelope and voting | 
      
        |  | instructions required by Section 86.013; and | 
      
        |  | (9) [ (8)]  any other voter forms that the secretary of | 
      
        |  | state identifies as frequently used and for which state resources | 
      
        |  | are otherwise available. | 
      
        |  | SECTION 7.  Section 521A.001(a), Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The department shall issue an election identification | 
      
        |  | certificate to a person who states that the person is obtaining the | 
      
        |  | certificate for the purpose of satisfying Section 63.001(b), | 
      
        |  | Election Code, and does not have another form of identification | 
      
        |  | described by Section 63.0101(a) [ 63.0101], Election Code, and: | 
      
        |  | (1)  who is a registered voter in this state and | 
      
        |  | presents a valid voter registration certificate; or | 
      
        |  | (2)  who is eligible for registration under Section | 
      
        |  | 13.001, Election Code, and submits a registration application to | 
      
        |  | the department. | 
      
        |  | SECTION 8.  This Act takes effect January 1, 2018. |