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.

89(R) HB 304 - House Committee Report version - Bill Text

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.