THIRD DAY (CONTINUED) --- THURSDAY, AUGUST 26, 2021
The house met at 10:44 a.m. and was called to order by the speaker.
The invocation was offered by Representative Paul as follows:
Dear Lord, please bless this body. Bless the work that we are going to be doing. Bless our speaker and help him get through the times that we have to go through. Bless our governor with continued recovery so he can help lead our state as we go through the troubles that we have to go through. I ask for your wisdom, that we all pray and listen to your wisdom and seek your guidance so that we can accomplish the work that we know we need to do here for the people of Texas and then we can get back to our families. We thank you for your guidance, your blessing, and your love of our state and of our nation, and we ask for your guidance in all this in the name of our Lord Jesus Christ. Amen.
The chair recognized Representative Paul who led the house in the pledges of allegiance to the United States and Texas flags.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for today because of personal business:
Canales on motion of Longoria.
Guerra on motion of Longoria.
MESSAGE FROM THE GOVERNOR
OF THE STATE OF TEXAS
The chair laid before the house and had read the following special message by the governor:
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE EIGHTY-SEVENTH TEXAS LEGISLATURE, SECOND CALLED SESSION:
WHEREAS, the people of Texas through their state constitution have placed in the hands of the governor the power to call and set the agenda for special sessions of the legislature; and
WHEREAS, pursuant to a gubernatorial proclamation issued on August 5, 2021, the members of the 87th Texas Legislature have convened in a Second Called Session to consider the initial list of subjects presented to them in the proclamation;
NOW, THEREFORE, I, GREG ABBOTT, Governor of the State of Texas, by the authority vested in me by Article III, Section 40, and Article IV, Section 8, of the Texas Constitution, do hereby present the following additional subjects to the 87th Texas Legislature, Second Called Session, for consideration:
Legislation regarding whether any state or local governmental entities in Texas can mandate that an individual receive a COVID-19 vaccine and, if so, what exemptions should apply to such mandate.
Such other subjects as may be submitted by the Governor from time to time after the session convenes.
Respectfully submitted,
/s/Greg Abbott
Governor
Austin, Texas
August 25, 2021
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Without objection, bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List Nos. 1 and 2.)
HB 5 - COMMITTEE ON CALENDARS RULE ADOPTED
Representative Burrows moved to adopt the following rule governing floor consideration for HB 5:
Section 1. This rule for floor consideration of HB 5 is proposed by the Committee on Calendars, pursuant to House Rule 3, Section 4(2). The rule will be effective if it is approved by the house, in accordance with House Rule 6, Section 16(f).
Section 2. (a) During second and third reading consideration of the bill, any amendment that adds or increases an item of appropriation in the bill made from general revenue or a general revenue-dedicated account is not in order unless the amendment contains an equal or greater reduction in one or more items of appropriation in the bill from general revenue or from a general revenue-dedicated account, regardless of whether the general revenue-dedicated account is subject to certification.
(b) The provisions of this section do not apply to an amendment that makes an adjustment in an item of appropriation solely to correct a technical clerical error.
The Committee on Calendars rule was adopted by (Record 7): 109 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Cason; Coleman; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Dominguez; Dutton; Fierro; Frank; Frullo; Gates; Geren; Goldman; Goodwin; Harless; Harris; Hefner; Hernandez; Hinojosa; Holland; Howard; Hull; Hunter; Israel; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Metcalf; Meyer; Middleton; Moody; Morales, E.; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Walle; White; Wilson; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra.
Absent — Allen; Beckley; Bernal; Campos; Clardy; Cole; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Guillen; Herrero; Huberty; Jetton; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Vo; Wu.
STATEMENTS OF VOTE
When Record No. 7 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 7 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 7 was taken, I was in the house but away from my desk. I would have voted yes.
Huberty
When Record No. 7 was taken, I was in the house but away from my desk. I would have voted yes.
Jetton
When Record No. 7 was taken, I was absent. I would have voted yes.
Martinez
HB 9 - COMMITTEE ON CALENDARS RULE ADOPTED
Representative Burrows moved to adopt the following rule governing floor consideration for HB 9:
Section 1. This rule for floor consideration of HB 9 is proposed by the Committee on Calendars, pursuant to House Rule 3, Section 4(2). The rule will be effective if it is approved by the house, in accordance with House Rule 6, Section 16(f).
Section 2. (a) During second and third reading consideration of the bill, any amendment that adds or increases an item of appropriation in the bill made from general revenue or a general revenue-dedicated account is not in order unless the amendment contains an equal or greater reduction in one or more items of appropriation in the bill from general revenue or from a general revenue-dedicated account, regardless of whether the general revenue-dedicated account is subject to certification.
(b) The provisions of this section do not apply to an amendment that makes an adjustment in an item of appropriation solely to correct a technical clerical error.
The Committee on Calendars rule was adopted by (Record 8): 106 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Cason; Coleman; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Dominguez; Dutton; Fierro; Frank; Frullo; Gates; Geren; Goldman; Goodwin; Harless; Harris; Hefner; Hernandez; Holland; Howard; Hull; Hunter; Israel; Jetton; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Metcalf; Meyer; Middleton; Moody; Morales, E.; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Rose; Rosenthal; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Walle; White; Wilson; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra.
Absent — Allen; Beckley; Bernal; Bowers; Campos; Clardy; Cole; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Guillen; Herrero; Hinojosa; Huberty; Johnson, A.; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Schofield; Sherman; Thierry; Vo; Wu.
STATEMENTS OF VOTE
When Record No. 8 was taken, I was in the house but away from my desk. I would have voted yes.
Bowers
When Record No. 8 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 8 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 8 was taken, I was in the house but away from my desk. I would have voted yes.
Huberty
When Record No. 8 was taken, I was in the house but away from my desk. I would have voted yes.
A. Johnson
When Record No. 8 was taken, I was absent. I would have voted yes.
Martinez
SJR 2 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Meyer moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Metcalf, Burrows, Noble, and Sanford as house sponsors to SJR 2.
The motion prevailed.
SB 8 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Meyer moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Metcalf, Burrows, Noble, and Shine as house sponsors to SB 8.
The motion prevailed.
SB 12 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Meyer moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Metcalf, Burrows, Button, and Guillen as house sponsors to SB 12.
The motion prevailed.
SB 1 - RULES SUSPENDED
HOUSE SPONSOR AUTHORIZED
Representative Ashby moved to suspend Rule 8, Section 5(d), of the House Rules to designate Representatives Metcalf and Raney as house sponsors to SB 1.
The motion prevailed.
CONSTITUTIONAL AMENDMENTS CALENDAR
SENATE JOINT RESOLUTIONS
SECOND READING
The following resolutions were laid before the house and read second time:
SJR 2 ON SECOND READING
(Meyer - House Sponsor)
SJR 2, A joint resolution proposing a constitutional amendment authorizing the legislature to provide for the reduction of the amount of a limitation on the total amount of ad valorem taxes that may be imposed for general elementary and secondary public school purposes on the residence homestead of a person who is elderly or disabled to reflect any statutory reduction from the preceding tax year in the maximum compressed rate of the maintenance and operations taxes imposed for those purposes on the homestead.
Representative Meyer moved to postpone consideration of SJR 2 until 3 p.m. today.
A record vote was requested by Representative C. Turner.
The motion prevailed by (Record 9): 83 Yeas, 26 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Thompson, S.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Anchia; Bowers; Coleman; Davis; Fierro; González, M.; Goodwin; Hernandez; Hinojosa; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Lucio; Morales, E.; Neave; Perez; Rose; Rosenthal; Talarico; Turner, C.; Turner, J.; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra.
Absent — Allen; Beckley; Bernal; Bucy; Campos; Cole; Collier; Crockett; Deshotel; Dominguez; Dutton; Gervin-Hawkins; González, J.; Guillen; Herrero; Johnson, J.D.; King, K.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Ortega; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Vo.
STATEMENTS OF VOTE
When Record No. 9 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 9 was taken, I was in the house but away from my desk. I would have voted no.
Herrero
When Record No. 9 was taken, I was absent. I would have voted no.
Martinez
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 1 ON SECOND READING
(Murr, Lozano, Clardy, White, Jetton, et al. - House Sponsors)
CSSB 1, A bill to be entitled An Act relating to election integrity and security, including by preventing fraud in the conduct of elections in this state; increasing criminal penalties; creating criminal offenses.
(Landgraf in the chair)
Amendment No. 1
Representative Anchia offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by striking the enacting clause.
(Speaker in the chair)
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for today because of illness:
Guillen on motion of Lozano.
CSSB 1 - (consideration continued)
A record vote was requested by Representative Anchia.
Amendment No. 1 failed of adoption by (Record 10): 40 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; King, K.; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Vo.
STATEMENTS OF VOTE
When Record No. 10 was taken, I was absent. I would have voted yes.
Campos
When Record No. 10 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 10 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 10 was taken, I was in the house but away from my desk. I would have voted yes.
Moody
When Record No. 10 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 2
Representative Murr offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) as follows:
(1) On page 2, line 22, strike "strictly construe" and substitute "interpret".
(2) On page 3, line 6, strike "Subsection (c)" and substitute "Subsections (c)(3), (4), (5), (6), and (8)"
(3) On page 3, line 24, strike "original".
(4) On page 4, line 12, strike "either".
(5) On page 7, line 4, strike "CLOSING POLLING PLACE" and substitute "POLLING PLACE CHECKLISTS".
(6) On page 7, line 7, between "the" and "closing", insert "opening and".
(7) On page 11, strike lines 15 through 21 and substitute the following:
(g) A presiding judge may not have a watcher duly accepted for service under Subchapter A, Chapter 33, removed from the polling place for violating a provision of this code or any other provision of law relating to the conduct of elections, other than a violation of the Penal Code, unless the violation was observed by an election judge or clerk.
(8) Add the following appropriately numbered SECTION to ARTICLE 4 of the bill and renumber subsequent SECTIONS of ARTICLE 4 accordingly:
SECTION 4.____. Subchapter A, Chapter 33, Election Code, is amended by adding Section 33.0016 to read as follows:
Sec. 33.0016. REFERENCES TO EARLY VOTING BALLOT BOARD IN THIS CHAPTER. A reference in this chapter to an early voting ballot board includes a signature verification committee.
(9) On page 12, line 18, strike "Class B" and substitute "Class A".
(10) On page 16, line 24, strike "(d)" and substitute "(b-1)".
(11) On page 17, line 3, strike "license" and substitute "license, election identification certificate,".
(12) On page 18, line 10, strike "(d)" and substitute "(b-1)".
(13) On page 18, line 10, strike "license" and substitute "license, election identification certificate,".
(14) On page 20, strike line 18 and substitute the following:
87.0271(b) or (c) or 87.0411(b) or (c).
(15) On page 20, line 20, strike "Subsection (f)" and substitute "Subsections (f), (f-1), and (f-2)".
(16) On page 20, strike lines 21 through 24 and substitute the following:
(f) If the information required under Section 84.002(a)(1-a) included on the application does not identify the same voter identified on the applicant's application for voter registration under Section 13.002(c)(8), the clerk shall reject the application.
(f-1) If an application is rejected under Subsection (f), the clerk shall provide notice of the rejection in accordance with Subsection (c). The notice must include information regarding the ability to correct or add information required under Section 84.002(a)(1-a) through the online tool described by Section 86.015(c).
(f-2) If an applicant corrects an application for a ballot to be voted by mail online and that application subsequently identifies the same voter identified on the applicant's application for voter registration, the clerk shall provide a ballot to the applicant as provided by this chapter.
(17) On page 21, line 3, strike "license" and substitute "license, election identification certificate,".
(18) On page 21, line 11, strike "license" and substitute "license, election identification certificate,".
(19) Add the following appropriately numbered SECTION to ARTICLE 5 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:
SECTION 5.____. Section 86.015(c), Election Code, as effective September 1, 2021, is amended to read as follows:
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application for a ballot to be voted by mail received by the clerk; and
(B) each carrier envelope sent to a voter by the clerk;
(2) for each carrier envelope, record or assign a serially numbered and sequentially issued barcode or tracking number that is unique to each envelope; [and]
(3) update the applicable Internet website as soon as practicable after each of the following events occurs:
(A) receipt by the early voting clerk of the person's application for a ballot to be voted by mail;
(B) acceptance or rejection by the early voting clerk of the person's application for a ballot to be voted by mail;
(C) placement in the mail by the early voting clerk of the person's official ballot;
(D) receipt by the early voting clerk of the person's marked ballot; and
(E) acceptance or rejection by the early voting ballot board of a person's marked ballot; and
(4) allow a voter to add or correct information required under Section 84.002(a)(1-a) or Section 86.002(g).
(20) On page 22, line 25, strike "or".
(21) On page 22, between lines 25 and 26, insert the following:
(4) missing information or containing incorrect information required under Section 84.002(a)(1-a) or Section 86.002; or
(22) On page 22, line 26, strike "(4)" and substitute "(5)".
(23) On page 23, strike lines 1 through 14 and substitute the following and reletter subsequent subsections accordingly:
(b) Not later than the second business day after a signature verification committee discovers a defect described by Subsection (a) and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee shall:
(1) determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day; and
(2) return the carrier envelope to the voter by mail, if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.
(c) If the signature verification committee determines under Subsection (b)(1) that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect.
(24) On page 23, line 16, strike "(b)" and substitute "(b) or (c)".
(25) On page 23, line 20, strike "(b)" and substitute "(b) or (c)".
(26) On page 24, line 26, strike "matches the information" and substitute "identifies the same voter identified".
(27) On page 25, line 2, strike "matches the information" and substitute "identifies the same voter identified".
(28) On page 25, line 8, strike the underlined colon.
(29) On page 25, strike lines 9 through 12.
(30) On page 25, line 13, strike "(2)".
(31) On page 26, line 1, strike "or".
(32) On page 26, between lines 1 and 2, insert the following:
(4) missing information or containing incorrect information required under Section 84.002(a)(1-a) or Section 86.002; or
(33) On page 26, line 2, strike "(4)" and substitute "(5)".
(34) On page 26, strike lines 4 through 17 and substitute the following and reletter subsequent subsections accordingly:
(b) Not later than the second business day after a signature verification committee discovers a defect described by Subsection (a) and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.041, the committee shall:
(1) determine if it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day; and
(2) return the carrier envelope to the voter by mail, if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day.
(c) If the signature verification committee determines under Subsection (b)(1) that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032 or come to the early voting clerk's office in person not later than the sixth day after election day to correct the defect.
(35) On page 26, line 19, strike "(b)" and substitute "(b) or (c)".
(36) On page 26, line 23, strike "(b)" and substitute "(b) or (c)".
(37) On page 30, lines 15 through 17, strike "because of a physical disability that renders the voter unable to write or see or an inability to read the language in which the ballot is written".
(38) Add the following appropriately numbered SECTION to ARTICLE 6 of the bill and renumber subsequent SECTIONS of ARTICLE 6 accordingly:
SECTION 6.____. (a) The secretary of state shall conduct a study regarding the implementation of educational programs, including the production and publication on the secretary of state's Internet website of instructional videos, to help voters with disabilities understand how to use voting systems used in this state.
(b) Not later than December 1, 2022, the secretary of state shall submit to the standing committees of the legislature with jurisdiction over elections a report on the study required by this section.
(c) The secretary of state, using existing resources, may contract with a qualified vendor to conduct the study required by this section.
(d) This section expires December 1, 2023.
(39) On page 35, strike lines 22 through 27 and substitute the following:
(1) "Benefit" means anything reasonably regarded as a gain or advantage, including a promise or offer of employment, a political favor, or an official act of discretion, whether to a person or another party whose welfare is of interest to the person.
(2) "Vote harvesting services" means in-person interaction with one or more voters, in the physical presence of an official ballot or a ballot voted by mail, intended to deliver votes for a specific candidate or measure.
(40) On page 36, strike lines 16 through 19 and substitute the following:
(3) interactions that do not directly involve an official ballot or ballot by mail;
(4) interactions that are not conducted in-person with a voter; or
(5) activity that is not designed to deliver votes for or against a specific candidate or measure.
(41) Insert "or election official" in each of the following places:
(A) on page 37, line 4, between "official" and "commits";
(B) on page 37, lines 18-19, between "official" and "engaged";
(C) on page 37, lines 22-23, between "official" and "engaged";
(D) on page 37, line 25, between "official" and the underlined colon; and
(E) on page 38, line 23, between "official" and "may".
(42) On page 38, line 18, between "person" and "makes", insert "knowingly".
(43) On page 44, line 18, between "Procedure," and "is", insert "as effective September 1, 2021,".
(44) On page 46, line 4, strike "and".
(45) On page 46, line 5, between "86.0105(b)" and the period, insert the following:
; and
(3) Section 127.201(f)
(Harris in the chair)
Amendment No. 3
Representative Murr offered the following amendment to Amendment No. 2:
Amend Amendment No. 2 by Murr amending CSSB 1 as follows:
(1) On page 6, lines 9-10, strike "a signature verification committee" and substitute "an early voting ballot board".
(2) On page 6, line 11, strike "committee" and substitute "board".
(3) On page 6, line 12, strike "committee" and substitute "board".
(4) On page 6, line 18, strike "committee" and substitute "board".
(5) On page 6, line 21, strike "signature verification committee" and substitute "early voting ballot board".
(6) On page 6, line 24, strike "committee" and substitute "board".
(7) Add the following appropriately numbered items to the amendment and renumber subsequent items of the amendment accordingly:
(____) On page 31, line 22, immediately following the underlined semicolon, insert "or".
(____) On page 31, line 26, strike "Code; or" and substitute "Code.".
(____) Strike page 31, line 27, and page 32, line 1.
Amendment No. 3 was adopted.
Amendment No. 4
Representative Cain offered the following amendment to Amendment No. 2:
Amend Amendment No. 2 by Murr to CSSB 1 by adding the following appropriately numbered item to the amendment and renumbering subsequent items of the amendment accordingly:
(____) Add the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumber the SECTIONS of that ARTICLE as appropriate:
SECTION 1.____. Section 1.005, Election Code, is amended by amending Subdivision (4-a) and adding Subdivision (4-b) to read as follows:
(4-a) "Election official" means:
(A) a county clerk;
(B) a permanent or temporary deputy county clerk;
(C) an elections administrator;
(D) a permanent or temporary employee of an elections administrator;
(E) an election judge;
(F) an alternate election judge;
(G) an early voting clerk;
(H) a deputy early voting clerk;
(I) an election clerk;
(J) the presiding judge of an early voting ballot board;
(K) the alternate presiding judge of an early voting ballot board;
(L) a member of an early voting ballot board;
(M) the chair of a signature verification committee;
(N) the vice chair of a signature verification committee;
(O) a member of a signature verification committee;
(P) the presiding judge of a central counting station;
(Q) the alternate presiding judge of a central counting station;
(R) a central counting station manager;
(S) a central counting station clerk;
(T) a tabulation supervisor;
(U) an assistant to a tabulation supervisor; and
(V) a chair of a county political party holding a primary election or a runoff primary election.
(4-b) "Federal judge" means:
(A) a judge, former judge, or retired judge of a United States court of appeals;
(B) a judge, former judge, or retired judge of a United States district court;
(C) a judge, former judge, or retired judge of a United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge, or retired magistrate judge of a United States district court.
Amendment No. 4 was adopted.
REMARKS ORDERED PRINTED
Representative J. Turner moved to print all remarks on CSSB 1.
The motion prevailed. [Please refer to the supplement to this journal for the text of the debate on CSSB 1.]
Amendment No. 5
Representative Cole offered the following amendment to Amendment No. 2:
Amend the Murr amendment to CSSB 1 by Murr as follows:
(1) On page 1, line 3, strike "interpret" and insert "liberally interpret".
A record vote was requested by Representative Cook.
Amendment No. 5 failed of adoption by (Record 11): 36 Yeas, 80 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Cortez; Crockett; Deshotel; Gervin-Hawkins; Herrero; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Moody; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Walle.
STATEMENTS OF VOTE
When Record No. 11 was taken, I was absent. I would have voted yes.
Campos
When Record No. 11 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 11 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 11 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 11 was taken, I was in the house but away from my desk. I would have voted yes.
Moody
When Record No. 11 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 6
Representatives Cook, Parker, Noble, and Capriglione offered the following amendment to Amendment No. 2:
Amend the Murr amendment to CSSB 1 as follows:
(1) On page 1, strike lines 2 through 3.
Amendment No. 6 was adopted.
Amendment No. 7
Representative S. Thompson offered the following amendment to Amendment No. 2:
Amend the Murr amendment to CSSB 1 by Murr as follows:
(1) On page 2, line 4, strike "Class A" and insert "Class C".
(Speaker in the chair)
A record vote was requested by Representative Murr.
Amendment No. 7 failed of adoption by (Record 12): 38 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Cortez; Crockett; Deshotel; Gervin-Hawkins; Herrero; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Rosenthal; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 12 was taken, I was absent. I would have voted yes.
Campos
When Record No. 12 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 12 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 12 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 12 was taken, I was in the house but away from my desk. I would have voted yes.
Moody
When Record No. 12 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 2, as amended, was adopted. (Anchia, Bernal, Bucy, Howard, J.E. Johnson, Ortega, Talarico, and Vo recorded voting no.)
Amendment No. 8
Representative Dutton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) as follows:
(1) On page 1, line 18, between "election" and the semicolon, insert ", though no fraud has been currently detected in Texas".
(2) On page 2, line 15, between "to" and "reduce", insert "increase voter turnout,".
A record vote was requested by Representative Murr.
Amendment No. 8 failed of adoption by (Record 13): 41 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Huberty; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 13 was taken, I was absent. I would have voted yes.
Campos
When Record No. 13 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 13 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 13 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 9
Representative Cole offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) On page 2, line 17, between "access," and "and", insert "maximize opportunities for voting,".
(2) On page 2, line 22, between "code" and "to", insert "in favor of voting".
(3) On page 2, line 23, between "1.0015" and the underlined period, insert "to promote voter access and maximize opportunities for voting".
A record vote was requested by Representative C. Turner.
Amendment No. 9 failed of adoption by (Record 14): 40 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 14 was taken, I was absent. I would have voted yes.
Campos
When Record No. 14 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 14 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 14 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 10
Representative White offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION 1.____. Section 254.031, Election Code, is amended by adding Subsection (c) to read as follows:
(c) Subsection (a)(1-a) does not apply to a political committee established, administered, and controlled by a non-profit agricultural organization exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(5) of that code.
Amendment No. 10 - Point of Order
Representative Zwiener raised a point of order against further consideration of Amendment No. 10 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.
Amendment No. 10 was withdrawn.
Amendment No. 11
Representative Bucy offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 1.____. Chapter 1, Election Code, is amended by adding Section 1.022 to read as follows:
Sec. 1.022. REASONABLE ACCOMMODATION OR MODIFICATION. A provision of this code may not be interpreted to prohibit or limit the right of a qualified individual with a disability from requesting a reasonable accommodation or modification to any election standard, practice, or procedure mandated by law or rule that the individual is entitled to request under federal or state law.
A record vote was requested by Representative C. Turner.
Amendment No. 11 was adopted by (Record 15): 72 Yeas, 47 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Ashby; Bailes; Bell, K.; Bernal; Bonnen; Bowers; Buckley; Bucy; Burrows; Capriglione; Cason; Clardy; Cole; Coleman; Cortez; Davis; Dominguez; Fierro; Frullo; Geren; Goldman; González, M.; Goodwin; Hernandez; Herrero; Howard; Huberty; Hunter; Israel; Johnson, A.; Johnson, J.E.; Kacal; King, T.; Kuempel; Lambert; Larson; Leach; Longoria; Lozano; Lucio; Meyer; Minjarez; Moody; Morales, E.; Neave; Oliverson; Ordaz Perez; Ortega; Paddie; Patterson; Perez; Price; Raney; Rogers; Rose; Rosenthal; Schofield; Shine; Slaton; Slawson; Smithee; Talarico; Thompson, E.; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Bell, C.; Biedermann; Burns; Button; Cain; Cook; Craddick; Cyrier; Darby; Dean; Frank; Gates; Harless; Harris; Hefner; Holland; Hull; Jetton; King, P.; Klick; Krause; Landgraf; Leman; Metcalf; Middleton; Morrison; Murphy; Murr; Noble; Parker; Paul; Sanford; Schaefer; Shaheen; Smith; Spiller; Stephenson; Stucky; Swanson; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Dutton; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; King, K.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Allison
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Anderson
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Burns
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Button
When Record No. 15 was taken, I was absent. I would have voted yes.
Campos
When Record No. 15 was taken, I was shown voting yes. I intended to vote no.
Cason
When Record No. 15 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Harless
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Holland
When Record No. 15 was taken, I was in the house but away from my desk. I would have voted yes.
K. King
When Record No. 15 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 15 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 15 was taken, I was shown voting yes. I intended to vote no.
Patterson
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
Stucky
When Record No. 15 was taken, I was shown voting no. I intended to vote yes.
VanDeaver
Amendment No. 12
Representative Slaton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering subsequent SECTIONS of ARTICLE 1 accordingly:
SECTION 1.____. Title 16, Election Code, is amended by adding Chapter 280 to read as follows:
CHAPTER 280. FORENSIC AUDIT OF 2020 GENERAL ELECTION
Sec. 280.001. FORENSIC AUDIT OF 2020 GENERAL ELECTION. (a) The governor, lieutenant governor, and speaker of the house of representatives shall appoint an independent third party to conduct a forensic audit of the general election that took place on November 3, 2020.
(b) The independent third party appointed under Subsection (a) shall audit every precinct in each county with a population of 415,000 or more.
(c) The audit under this section must begin not later than December 15, 2021, and be completed not later than February 1, 2022.
(d) Not later than March 1, 2022, the independent third party conducting the audit under this section shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature detailing any anomalies or discrepancies in voter data, ballot data, or tabulation.
(e) This chapter expires April 1, 2022.
Amendment No. 12 - Point of Order
Representative J. Turner raised a point of order against further consideration of Amendment No. 12 under Rule 11, Section 2, and Rule 11, Section 3, of the House Rules on the grounds that the amendment is not germane and changes the original purpose of the bill.
(Harris in the chair)
The point of order was withdrawn.
Amendment No. 12 was withdrawn.
(Speaker in the chair)
Amendment No. 13
Representative Rose offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION 1.____. (a) The secretary of state shall conduct a study each biennium to evaluate the impact of all updated provisions of the Election Code following each regular legislative session, including an impact analysis of those provisions on different racial and ethnic groups.
(b) Not later than January 31 of each odd-numbered year, the secretary of state shall prepare and submit to the legislature a written report on the results of the study. The report shall include an opinion on whether the results of the study show that any updated provision had a disparate impact on any racial and ethnic groups. The secretary shall make the study available on the secretary's Internet website.
A record vote was requested by Representative C. Turner.
Amendment No. 13 failed of adoption by (Record 16): 41 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; White; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gates; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Larson; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 16 was taken, I was absent. I would have voted yes.
Campos
When Record No. 16 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 16 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 16 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 14
Representative E. Morales offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. SAME-DAY VOTER REGISTRATION
SECTION ____.____. Subchapter A, Chapter 12, Election Code, is amended by adding Section 12.007 to read as follows:
Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER REGISTRARS. The registrar shall appoint at least one election officer serving each polling place for early voting by personal appearance or on election day as a regular deputy registrar.
SECTION ____.____. Chapter 63, Election Code, is amended by adding Section 63.010 to read as follows:
Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING PROCEDURES. (a) Other applicable provisions of this code apply to the conduct of voting and to the registration of voters under this section to the extent those provisions do not conflict with this section.
(b) A person who would be eligible to vote in an election under Section 11.001, but for the requirement to be a registered voter, shall be accepted for voting in the precinct of the person's residence if, on the day the person offers to vote, the person:
(1) submits a voter registration application that complies with Section 13.002 to a voter registrar at the polling place; and
(2) presents as proof of identification:
(A) a form of photo identification listed in Section 63.0101(a) that states the person's current address on the day the person seeks to vote; or
(B) a document listed in Section 63.0101(b)(2) and another form of identification listed in Section 63.0101(a), (b)(1), or (b)(3).
(c) Persons voting under this section shall be processed separately at the polling place from persons who are voting under regular procedures.
(d) The secretary of state shall adopt rules to ensure the accountability of election officers and to fairly implement this section.
SECTION ____.____. Section 85.031(a), Election Code, is amended to read as follows:
(a) For each person entitled to vote an early voting ballot by personal appearance or entitled to register at a polling place, the early voting clerk shall follow the procedure for accepting or registering a regular voter on election day, with the modifications necessary for the conduct of early voting.
SECTION ____.____. The secretary of state shall adopt rules as required by Section 63.010, Election Code, as added by this Act, not later than February 1, 2022.
SECTION ____.____. The changes in law made by this article apply only to an election for which early voting by personal appearance begins on or after February 1, 2022.
A record vote was requested by Representative C. Turner.
Amendment No. 14 failed of adoption by (Record 17): 42 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; Kacal; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Paddie; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 17 was taken, I was absent. I would have voted yes.
Campos
When Record No. 17 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 17 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 17 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 17 was taken, I was shown voting yes. I intended to vote no.
Paddie
Amendment No. 15
Representative Cain offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of ARTICLE 2 accordingly:
SECTION 2.____. Section 13.007, Election Code, is amended to read as follows:
Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person commits an offense if the person knowingly:
(1) makes a false statement on a registration application; or
(2) requests, commands, coerces, or attempts to induce another person to make a false statement on a registration application.
(b) An offense under this section is a Class B misdemeanor, except that an offense under this section is a Class A misdemeanor if the person:
(1) directly or through a third party offers or provides compensation or other benefit to a person for activity described by Subsection (a); or
(2) solicits, receives, or accepts compensation or other benefit for activity described by Subsection (a).
(c) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both [For purposes of this code, an offense under this section is considered to be perjury, but may be prosecuted only under this section].
Amendment No. 15 was withdrawn.
Amendment No. 16
Representative E. Morales offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following SECTIONS to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of ARTICLE 2 accordingly:
SECTION 2.____. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows:
Sec. 13.009. VOTER REGISTRATION THROUGH DEPARTMENT OF PUBLIC SAFETY. (a) The voter registrar of each county shall automatically register any county resident who is eligible to vote as provided by Section 13.001 and:
(1) is issued a Texas driver's license or a personal identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or personal identification card issued by the Department of Public Safety.
(b) A driver's license or personal identification card transaction with an indication provided by Section 20.062(b) or 20.063(c) that the transaction is not for voter registration purposes is not subject to this section.
SECTION 2.____. Section 20.061, Election Code, is amended to read as follows:
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other provisions of this chapter apply to the Department of Public Safety except provisions that conflict with this subchapter or Section 13.009.
SECTION 2.____. Section 20.062(b), Election Code, is amended to read as follows:
(b) The department shall prescribe and use a change of address form and procedure that combines department and voter registration functions. The form must allow a licensee or cardholder to indicate that [whether] the change of address is not [also to be used] for voter registration purposes.
SECTION 2.____. Section 20.063, Election Code, is amended to read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department of Public Safety shall consider an application made in person, by mail, or online at the department's Internet website [provide to each person who applies in person at the department's offices] for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card by a person who is eligible to vote as provided by Section 13.001 an application for [opportunity to complete a] voter registration. The date of application is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration [application form].
(b) The Department of Public Safety shall consider a change of address that relates to [When the department processes] a license or card and that is submitted to [for renewal by mail,] the department [shall deliver to the applicant by mail a voter registration application form.
[(c)
A change of address that relates to a license or card and that is submitted to the department] in person, [or] by mail, or online at the department's Internet website [serves] as a change in [of address for] voter registration [unless the licensee or cardholder indicates that the change is not for voter registration purposes]. The date of submission of a change of address to a department employee is considered to be the date of submission to the voter registrar for the purpose of determining the effective date of registration [only].
(c) The registration of an eligible [(d)
If a completed] voter as required by Subsections (a) and (b) is automatic unless the person indicates that the transaction is not for voter registration purposes [application submitted to a department employee does not include the applicant's correct driver's license number or personal identification card number, a department employee shall enter the appropriate information on the application. If a completed application does not include the applicant's correct residence address or mailing address, a department employee shall obtain the appropriate information from the applicant and enter the information on the application].
SECTION 2.____. Section 20.065(b), Election Code, is amended to read as follows:
(b) Each weekday the department is regularly open for business, the department shall electronically transfer to the secretary of state the name and information designated by the secretary of state for [of each person who completes a] voter registration for each individual who is eligible to vote as provided by Section 13.001 and applies in person, by mail, or online at the department's Internet website for an original or renewal of a driver's license, a personal identification card, or a duplicate or corrected license or card [application submitted to the department]. The secretary shall prescribe procedures necessary to implement this subsection.
A record vote was requested by Representative C. Turner.
Amendment No. 16 failed of adoption by (Record 18): 38 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Cole; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 18 was taken, I was absent. I would have voted yes.
Campos
When Record No. 18 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 18 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 18 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 17
Representative Bucy offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES of the bill accordingly:
ARTICLE ____. ELECTRONIC VOTER REGISTRATION
SECTION ____.01. Subchapter A, Chapter 13, Election Code, is amended by adding Section 13.009 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The secretary of state shall work with the Department of Public Safety and the Department of Information Resources to implement a program to allow a person to complete a voter registration application over the Internet from the official website of this state. The Internet websites of the secretary of state and the Department of Public Safety must also provide a link to the location of the application on the official website of this state.
(b) An applicant for electronic voter registration who has an unexpired driver's license or personal identification card issued in this state must:
(1) attest to the truth of the information provided on the application by affirmatively accepting the information as true; and
(2) affirmatively consent to the use of the signature on the applicant's driver's license or personal identification card for voter registration purposes.
(c) An applicant for electronic voter registration who does not have an unexpired driver's license or personal identification card issued in this state must:
(1) attest to the truth of the information provided on the application by affirmatively accepting the information as true; and
(2) print a registration application from the Internet website the applicant is using to register, sign the application, and mail it to the registrar.
(d) For each application submitted under Subsection (b), the program shall require that a digital copy of the applicant's signature be obtained from the Department of Public Safety.
(e) For each application submitted under Subsection (c), the program shall provide the applicant with:
(1) a registration application that the applicant can print from the registration website, sign, and mail to the registrar as required under Subsection (c)(2); and
(2) information about how the applicant can obtain a driver's license or personal identification card from the Department of Public Safety.
(f) An application submitted under this section is considered for all purposes an application submitted by mail under this title.
(g) The secretary of state shall adopt rules as necessary to implement this section, including rules to provide for additional security measures necessary to ensure the accuracy and integrity of applications submitted electronically.
(h) The rules adopted under Subsection (g) must require that:
(1) the Internet website through which a person may complete a voter registration application include a description of the offense described by Section 13.007 in a conspicuous location on the website near the place where the person begins or submits the application; and
(2) the state electronic Internet portal project be used to authenticate the identity and address of a person who submits an application electronically under this section.
A record vote was requested by Representative C. Turner.
Amendment No. 17 failed of adoption by (Record 19): 42 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lozano; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 19 was taken, I was absent. I would have voted yes.
Campos
When Record No. 19 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 19 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 19 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 18
Representative Howard offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 2.____. Section 13.046(h), Election Code, is amended to read as follows:
(h) The secretary of state shall:
(1) consult with the Texas Education Agency regarding the number of registration application forms to provide to each high school;
(2) provide to each high school registration application forms once each fall and spring semester in the number determined from the consultation under Subdivision (1); and
(3) prescribe any additional procedures necessary to implement this section.
A record vote was requested by Representative C. Turner.
Amendment No. 18 failed of adoption by (Record 20): 43 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lozano; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Stephenson; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 20 was taken, I was absent. I would have voted yes.
Campos
When Record No. 20 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 20 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 20 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 19
Representative Goodwin offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of ARTICLE 2 accordingly:
SECTION 2.____. Section 15.054, Election Code, as effective September 1, 2021, is amended by amending Subsections (a) and (d) and adding Subsection (a-1) to read as follows:
(a) In this section, "military service voter" means:
(1) a member of the armed forces of the United States;
(2) a member of the merchant marine of the United States;
(3) a member of the Texas National Guard;
(4) a member of the National Guard of another state serving on active duty under an order of the president of the United States;
(5) a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States or activated on state orders; or
(6) a spouse or dependent of a member of a military organization listed in Subdivisions (1) through (5).
(a-1) For purposes of Section 15.053, a voter's residence may be documented by providing a photocopy of the first document, beginning with Subdivision (1) and continuing through Subdivision (6), in the following list that corresponds to the voter's residence under Section 1.015:
(1) a driver's license issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 521.054, Transportation Code, an affidavit from the voter stating the new address contained in the notification;
(2) a personal identification card issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 521.054, Transportation Code, an affidavit from the voter stating the new address contained in the notification;
(3) a license to carry a concealed handgun issued to the voter by the Department of Public Safety that has not expired or, if the voter has notified the department of a change of address under Section 411.181, Government Code, an affidavit from the voter stating the new address contained in the notification;
(4) an appraisal district document showing the address the voter claims as a homestead in this state;
(5) a utility bill addressed to the voter's residence address; or
(6) an official tax document or Texas Department of Motor Vehicles document showing the registration address of a vehicle the voter owns.
(d) This section does not apply to:
(1) a military service voter [who is a member of the armed forces of the United States or the spouse or a dependent of a member];
(1-a) a voter domiciled in this state but temporarily living outside the territorial limits of the United States;
(2) a voter enrolled as a full-time student who lives on campus at an institution of higher education;
(3) a voter whose address is confidential under Subchapter C, Chapter 56, Code of Criminal Procedure;
(4) a federal judge, state judge, or spouse of a federal or state judge whose driver's license includes the street address of a courthouse under Section 521.121, Transportation Code; or
(5) a peace officer whose driver's license omits the officer's actual residence address under Section 521.1211, Transportation Code.
A record vote was requested by Representative C. Turner.
Amendment No. 19 failed of adoption by (Record 21): 40 Yeas, 81 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 21 was taken, I was absent. I would have voted yes.
Campos
When Record No. 21 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 21 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 21 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 20
Representative Slaton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) on page 4, line 13, between "shall" and "execute", by inserting ", within 72 hours not including weekends after making the determination,".
A record vote was requested by Representative C. Turner.
Amendment No. 20 was adopted by (Record 22): 79 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allison; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Anderson; Beckley; Campos; Coleman; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Larson; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Thompson, S.
STATEMENTS OF VOTE
When Record No. 22 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 22 was taken, I was absent. I would have voted no.
Campos
When Record No. 22 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 22 was taken, I was absent. I would have voted no.
Martinez
When Record No. 22 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 22 was taken, I was in the house but away from my desk. I would have voted no.
S. Thompson
Amendment No. 21
Representative Middleton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 2.____. Section 18.061, Election Code, as effective September 1, 2021, is amended by amending Subsection (b) and adding Subsection (f) to read as follows:
(b) The statewide computerized voter registration list must:
(1) contain the name and registration information of each voter registered in the state;
(2) assign a unique identifier to each registered voter; and
(3) be available to any county election official in the state, including a member of a signature verification committee or a member of an early voting ballot board, through immediate electronic access.
(f) The secretary of state shall adopt rules as necessary to prevent a county election official, including a member of an early voting ballot board or signature verification committee, from retaining or sharing personally identifiable information obtained from the statewide computerized voter registration list in a manner unrelated to the official's official duties.
Amendment No. 21 was withdrawn.
Amendment No. 22
Representative Swanson offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTIONS to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION 2.____. Subchapter C, Chapter 52, Election Code, is amended by adding Section 52.0685 to read as follows:
Sec. 52.0685. OPTION TO AFFIRMATIVELY CHOOSE NOT TO VOTE. (a) Voters shall be given the opportunity to select "I choose not to vote in this race" instead of voting for the candidates appearing on the ballot or the list of write-in candidates for each race.
(b) The secretary of state shall prescribe the form and manner of placing the option "I choose not to vote in this race" on the ballot.
SECTION 2.____. Section 52.070(b), Election Code, as effective September 1, 2021, is amended to read as follows:
(b) Immediately below "OFFICIAL BALLOT," the following instruction shall be printed: "Vote for the candidate of your choice in each race by placing an 'X' or filling in the shape beside the candidate's name, or by placing an 'X' or filling in the shape beside 'I choose not to vote in this race'."
SECTION 2.____. Section 52.070, Election Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) A shape shall be printed to the left of the option "I choose not to vote in this race" for each office to be voted on in the election.
Amendment No. 22 was withdrawn.
Amendment No. 23
Representative Perez offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by striking SECTION 3.04 of the bill (page 6, lines 4-8) and renumbering subsequent SECTIONS of ARTICLE 3 accordingly.
A record vote was requested by Representative C. Turner.
Amendment No. 23 failed of adoption by (Record 23): 38 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Johnson, J.E.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry; Vo.
STATEMENTS OF VOTE
When Record No. 23 was taken, I was absent. I would have voted yes.
Campos
When Record No. 23 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 23 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 23 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 24
Representative Dutton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 3.____. Subchapter A, Chapter 41, Election Code, is amended by adding Section 41.009 to read as follows:
Sec. 41.009. DESIGNATION OF ELECTION DAY AS STATE OR LOCAL HOLIDAY. (a) The governor by proclamation may designate as a state holiday the day on which a statewide election conducted, including a primary election, is held.
(b) The commissioners court of a county may by order designate as a county holiday the day on which an election, including a primary election, is held in the county.
(c) The governing body of a municipality may by ordinance or resolution designate as a municipal holiday the day on which an election, including a primary election, is held in the municipality.
A record vote was requested by Representative C. Turner.
Amendment No. 24 failed of adoption by (Record 24): 44 Yeas, 75 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Huberty; Israel; Johnson, A.; Johnson, J.E.; King, K.; King, T.; Larson; Longoria; Lozano; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Hull; Hunter; Jetton; Kacal; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leman; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C); Toth.
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Leach; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 24 was taken, I was absent. I would have voted yes.
Campos
When Record No. 24 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 24 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 24 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 25
Representative Dutton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of ARTICLE 3 accordingly:
SECTION ____. Subchapter A, Chapter 43, Election Code, is amended by adding Section 43.008 to read as follows:
Sec. 43.008. COUNTY JAIL AS POLLING PLACE. (a) A county jail shall serve as a polling place for any election in that county.
(b) Only a resident of the county who is in custody at the county jail and who is a registered voter is eligible to vote at a polling place established under this section.
(c) A polling place established under this section must allow a voter to vote in the same elections in which the voter would be entitled to vote where the voter resides.
A record vote was requested by Representative C. Turner.
Amendment No. 25 failed of adoption by (Record 25): 38 Yeas, 82 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 25 was taken, I was absent. I would have voted yes.
Campos
When Record No. 25 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 25 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 25 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 26
Representative Zwiener offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 3.____. Section 63.0101(a), Election Code, is amended to read as follows:
(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 that has not expired or that expired no earlier than four years 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 four years 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 book or card issued to the person that has not expired or that expired no earlier than four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the person by the Department of Public Safety that has not expired or that expired no earlier than four years before the date of presentation; or
(6) an identification card issued to the person by a public institution of higher education in this state that contains the person's photograph, date of birth, and full legal name and that has not expired or that expired no earlier than four years before the date of presentation.
(Harris in the chair)
A record vote was requested by Representative C. Turner.
Amendment No. 26 failed of adoption by (Record 26): 41 Yeas, 79 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 26 was taken, I was absent. I would have voted yes.
Campos
When Record No. 26 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 26 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 26 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 27
Representative Bucy offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION ____.____. Section 63.0101(a), Election Code, is amended to read as follows:
(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 voter [person] by the Department of Public Safety that has not expired or that expired no earlier than four years before the date of presentation;
(2) a United States military identification card that contains the voter's [person's] photograph that has not expired or that expired no earlier than four years before the date of presentation;
(3) a United States citizenship certificate issued to the voter [person] that contains the voter's [person's] photograph;
(4) a United States passport book or card issued to the voter [person] that has not expired or that expired no earlier than four years before the date of presentation; [or]
(5) a license to carry a handgun issued to the voter [person] by the Department of Public Safety that has not expired or that expired no earlier than four years before the date of presentation;
(6) an official Native American identification card or tribal document that:
(A) contains the voter's photograph and address; and
(B) is issued by a tribal organization or by a tribe that is federally recognized and located in this state;
(7) an identification card issued by a public or private institution of higher education located in this state that contains the voter's photograph; or
(8) an identification card issued by a state agency of this state that contains the voter's photograph.
A record vote was requested by Representative C. Turner.
Amendment No. 27 failed of adoption by (Record 27): 42 Yeas, 77 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Huberty; Israel; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Geren; Goldman; Harless; Hefner; Holland; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Smithee; Thierry.
STATEMENTS OF VOTE
When Record No. 27 was taken, I was absent. I would have voted yes.
Campos
When Record No. 27 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 27 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 27 was taken, I was absent. I would have voted yes.
Morales Shaw
Amendment No. 28
Representative Neave offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTIONS to ARTICLE 3 of the bill and renumbering SECTIONS of that ARTICLE accordingly:
SECTION 3.____. The heading to Section 64.009, Election Code, is amended to read as follows:
Sec. 64.009. VOTING OUTSIDE [VOTER UNABLE TO ENTER] POLLING PLACE.
SECTION 3.____. Section 64.009(a), Election Code, is amended to read as follows:
(a) On [If a voter is physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health, on] the voter's request, an election officer shall deliver a ballot to the voter at the polling place entrance or curb if a voter is:
(1) physically unable to enter the polling place without personal assistance or likelihood of injuring the voter's health; or
(2) presenting symptoms associated with the 2019 novel coronavirus disease (COVID-19).
SECTION 3.____. The heading to Section 85.034, Election Code, is amended to read as follows:
Sec. 85.034. VOTING OUTSIDE [VOTER UNABLE TO ENTER] POLLING PLACE.
A record vote was requested by Representative C. Turner.
Amendment No. 28 failed of adoption by (Record 28): 39 Yeas, 79 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Israel; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Geren; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gates; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 28 was taken, I was absent. I would have voted yes.
Campos
When Record No. 28 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 28 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 28 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 28 was taken, I was in the house but away from my desk. I would have voted yes.
Perez
Amendment No. 29
Representative Klick offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 3.____. Subchapter A, Chapter 127, Election Code, is amended by adding Section 127.009 to read as follows:
Sec. 127.009. ELECTRONIC DEVICES IN CENTRAL COUNTING STATION. (a) A counting station manager and the presiding judge of the counting station shall develop a protocol under which any electronic device inside a central counting station that is necessary to count votes is equipped with software that tracks all input and activity on the electronic device.
(b) The counting station manager and the presiding judge of the counting station shall ensure that the input and activity tracked by the software is delivered to the secretary of state not later than the fifth day after vote counting is complete.
(c) This section applies only to a central counting station located in a county with a population of 250,000 or more.
Amendment No. 29 was adopted. (Perez recorded voting no.)
Amendment No. 30
Representative Slaton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 3.____. Chapter 127, Election Code, as effective September 1, 2021, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. RANDOMIZED AUDITS
Sec. 127.351. RANDOMIZED COUNTY AUDITS. (a) Immediately after the uniform election date in November of an even-numbered year, the secretary of state shall conduct an audit of the elections held in four counties during the previous two years.
(b) The secretary of state shall select the counties to be audited under Subsection (a) at random, except that:
(1) two of the counties selected must have a total population of less than 300,000;
(2) two of the counties selected must have a total population of 300,000 or more; and
(3) a county selected in the most recent audit cycle may not be selected in the current audit cycle.
(c) A county selected to be audited may not pay the cost of performing an audit under this section.
(d) The secretary of state shall adopt rules as necessary to implement this section.
A record vote was requested by Representative C. Turner.
The vote of the house was taken on adoption of Amendment No. 30 and the vote was announced yeas 59, nays 57.
A verification of the vote was requested and was granted.
(Speaker in the chair)
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 29): 63 Yeas, 53 Nays, 2 Present, not voting.
Yeas — Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Button; Cain; Capriglione; Cason; Cook; Craddick; Cyrier; Darby; Dean; Frank; Goldman; Harless; Hefner; Holland; Hull; Hunter; Jetton; King, P.; Klick; Krause; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Murr; Noble; Oliverson; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Allison; Anchia; Bailes; Bernal; Bowers; Bucy; Burrows; Clardy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Frullo; Gates; González, J.; González, M.; Goodwin; Hernandez; Herrero; Hinojosa; Howard; Huberty; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, T.; Kuempel; Lambert; Larson; Lucio; Moody; Morales, E.; Murphy; Neave; Ortega; Paddie; Perez; Rose; Rosenthal; Stephenson; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Harris.
Absent, Excused — Canales; Guerra; Guillen.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Geren; Gervin-Hawkins; Israel; Johnson, J.D.; Longoria; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Morrison; Muñoz; Ordaz Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
The chair stated that Amendment No. 30 was adopted by the above vote.
STATEMENTS OF VOTE
When Record No. 29 was taken, I was absent. I would have voted no.
Campos
When Record No. 29 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 29 was taken, I was presiding in the chair and was shown voting present, not voting. I would have voted yes.
Harris
When Record No. 29 was taken, I was absent. I would have voted no.
Martinez
When Record No. 29 was taken, I was absent. I would have voted no.
Morales Shaw
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Israel on motion of Howard.
The following member was granted leave of absence for the remainder of today because of illness in the family:
Geren on motion of Ashby.
CSSB 1 - (consideration continued)
Amendment No. 31
Representative Schofield offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(____) Add the following appropriately numbered SECTIONS to ARTICLE 3 of the bill and renumber subsequent SECTIONS of ARTICLE 3 accordingly.
SECTION 3.____. Section 61.002, Election Code, is amended to read as follows:
Sec. 61.002. OPENING AND CLOSING POLLING PLACE FOR VOTING. (a) Immediately before opening the polls for voting on the first day of early voting and on election day, the presiding election judge or alternate election judge shall confirm that each voting machine has any public counter reset to zero and shall print the tape that shows the counter was set to zero for each candidate or measure on the ballot.
(b) At the official time for opening the polls for voting, an election officer shall open the polling place entrance and admit the voters.
(c) Immediately after closing the polls for voting on election day, the presiding election judge or alternate election judge shall print the tape to show the number of votes cast for each candidate or ballot measure for each voting machine.
(d) Each election judge or alternate election judge present shall sign a tape printed under this section.
SECTION 3.____. Section 87.002, Election Code, is amended to read as follows:
Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting ballot board consists of a presiding judge, an alternate presiding judge, and at least one [two] other member [members].
(b) Except as provided by Subsection (d), the presiding judge and the alternate presiding judge are [is] appointed in the same manner as a presiding election judge and alternate presiding election judge, respectively. Except as provided by Subsection (c), each [the] other member is [members are] appointed by the presiding judge in the same manner as the precinct election clerks.
(c) In the general election for state and county officers, each county chair of a political party with nominees on the general election ballot shall submit to the county election board a list of names of persons eligible to serve on the early voting ballot board in order of the county chair's preference. The county election board shall appoint at least one person from each list to serve as a member of the early voting ballot board. The same number of members must be appointed from each list. The county election board shall appoint persons as members of the early voting ballot board in the order of preference indicated on each list.
(d) In addition to the members appointed under Subsection (c), the county election board shall appoint as the presiding judge the highest-ranked person on [from] the list provided under that subsection by the political party whose nominee for governor received the most votes in the county in the most recent gubernatorial general election and as the alternate presiding judge the highest-ranked person on the list provided under that subsection by the political party whose nominee for governor received the second most votes in the county in the most recent gubernatorial general election.
SECTION 3.____. Sections 127.006(a) and (c), Election Code, are amended to read as follows:
(a) The [Both the] manager, [and] the presiding judge, and the alternate presiding judge may appoint clerks to serve at the central counting station.
(c) A clerk appointed by the manager serves under the manager and shall perform the functions directed by the manager. A clerk appointed by the presiding judge or the alternate presiding judge serves under the presiding judge and shall perform the functions directed by the presiding judge.
(____) Add the following appropriately numbered SECTIONS to ARTICLE 4 of the bill and renumbering subsequent SECTIONS of ARTICLE 4 accordingly:
SECTION 4.____. Chapter 121, Election Code, is amended by adding Section 121.004 to read as follows:
Sec. 121.004. COMMUNICATIONS WITH VOTING SYSTEMS VENDOR PUBLIC INFORMATION. (a) Except as provided by Subsection (b), a written letter, e-mail, or other communication, including a communication made confidential by other law, between a public official and a voting systems vendor:
(1) is not confidential;
(2) is public information for purposes of Chapter 552, Government Code; and
(3) is not subject to an exception to disclosure provided by Chapter 552, Government Code other than Sections 552.110 and 552.1101, Government Code.
(b) A written letter, e-mail, or other communication between a public official and a voting systems vendor is excepted from disclosure under Chapter 552, Government Code, if the communication discloses information, data, or records relating to the security of elections critical infrastructure.
SECTION 4.____. Section 127.131, Election Code, is amended by adding Subsection (f) to read as follows:
(f) The presiding judge of the central counting station shall provide and attest to a written reconciliation of votes and voters at the close of tabulation for election day and again after the central counting station meets for the last time to process late-arriving ballots by mail and provisional ballots. The secretary of state shall create and promulgate rules and a form to facilitate compliance with this subsection. The form shall be posted on a website maintained by the county along with election returns and results.
(____) Add the following appropriately numbered SECTIONS to ARTICLE 5 of the bill and renumbering subsequent SECTIONS of ARTICLE 5 accordingly:
SECTION 5.____. Subchapter A, Chapter 84, Election Code, is amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a) Except as provided by Subsection (c) or as otherwise authorized by this code, an officer or employee of this state or of a political subdivision of this state may not distribute an application form for an early voting ballot to a person who did not request an application under Section 84.001.
(b) An officer or employee of this state or of a political subdivision of this state may not use public funds to facilitate the distribution by another person of an application form for an early voting ballot to a person who did not request an application under Section 84.001.
(c) A political party or a candidate for office may distribute an application form for an early voting ballot to a person who did not request an application under Section 84.001.
SECTION 5.____. Section 84.035, Election Code, is amended to read as follows:
Sec. 84.035. BALLOT SENT TO APPLICANT. (a) If the early voting clerk cancels an application by an applicant to whom an early voting ballot has been sent, the clerk shall:
(1) remove the applicant's name from the early voting roster; and
(2) make any other entries in the records and take any other action necessary to prevent the ballot from being counted if returned.
(b) An election judge may permit a person to whom an early voting ballot has been sent who cancels the person's application for a ballot to be voted by mail in accordance with Section 84.032 but fails to return the ballot to be voted by mail to the early voting clerk, deputy early voting clerk, or presiding judge as provided by that section to vote only a provisional ballot under Section 63.011.
(____) On page 21, line 23, strike "87.027(i), Election Code, is" and substitute "87.027(d), (e), and (i), Election Code, are".
(____) On page 21, between lines 24 and 25, insert the following:
(d) The early voting clerk shall determine the number of members who are to compose the signature verification committee and shall state that number in the order calling for the committee's appointment. A committee must consist of not fewer than five members. In an election in which party alignment is indicated on the ballot, each county chair of a political party with a nominee or aligned candidate on the ballot shall submit to the appointing authority a list of names of persons eligible to serve on the signature verification committee in order of the county chair's preference. The authority shall appoint at least two persons from each list in the order of preference indicated on each list to serve as members of the committee. The same number of members must be appointed from each list. The authority shall appoint as [the] chair of the committee the highest-ranked person on [from] the list provided by the political party whose nominee for governor received the most votes in the county in the most recent gubernatorial general election. The authority shall appoint as vice chair of the committee the highest-ranked person on the list provided by the political party whose nominee for governor received the second most votes in the county in the most recent gubernatorial general election. A vacancy on the committee shall be filled by appointment from the original list or from a new list submitted by the appropriate county chair.
(e) To be eligible to serve on a signature verification committee, a person must be eligible under Subchapter C, Chapter 32, for service as a presiding election judge, except that the person must be a qualified voter:
(1) of the county, in a countywide election ordered by the governor or a county authority or in a primary election;
(2) of the part of the county in which the election is held, for an election ordered by the governor or a county authority that does not cover the entire county of the person's residence; or
(3) of the political subdivision, in an election ordered by an authority of a political subdivision other than a county.
A record vote was requested by Representative C. Turner.
Amendment No. 31 was adopted by (Record 30): 83 Yeas, 32 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Dominguez; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Anchia; Bowers; Bucy; Coleman; Davis; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Bernal; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Minjarez; Morales, C.; Morales Shaw; Morrison; Muñoz; Neave; Ordaz Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 30 was taken, I was absent. I would have voted no.
Campos
When Record No. 30 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 30 was taken, I was absent. I would have voted no.
Martinez
When Record No. 30 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 30 was taken, I was in the house but away from my desk. I would have voted no.
Neave
Amendment No. 32
Representatives Klick and S. Thompson offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) Add the following appropriately numbered SECTIONS to ARTICLE 4 of the bill and renumber subsequent SECTIONS of ARTICLE 4 accordingly:
SECTION 4.____. Subchapter A, Chapter 33, Election Code, is amended by adding Section 33.008 to read as follows:
Sec. 33.008. TRAINING PROGRAM. The secretary of state shall develop and maintain a training program for watchers. The training program must:
(1) be available:
(A) entirely via the Internet; and
(B) at any time, without a requirement for prior registration; and
(2) provide a watcher who completes the training with a certificate of completion.
SECTION 4.____. Section 33.031, Election Code, is amended by adding Subsection (b) to read as follows:
(b) In addition to the requirements of Subsection (a), to be eligible to serve as a watcher, a person must complete training under Section 33.008.
(2) On page 12, line 14, strike "adding Subsections (g) and (h)" and substitute "amending Subsections (a), (b), (d), and (e) and adding Subsections (a-1), (g), and (h)".
(3) On page 12, between lines 14 and 15, insert the following:
(a) A watcher appointed to serve at a precinct polling place, a meeting place for an early voting ballot board, or a central counting station must deliver the following materials [a certificate of appointment] to the presiding judge at the time the watcher reports for service:
(1) a certificate of appointment; and
(2) a certificate of completion from training completed by the watcher under Section 33.008.
(a-1) A watcher appointed to serve at an early voting polling place must deliver the certificates under Subsection (a) [a certificate of appointment] to the early voting clerk or deputy clerk in charge of the polling place when the watcher first reports for service.
(b) The officer presented with a watcher's certificates [certificate of appointment] shall require the watcher to countersign the certificate of appointment to ensure that the watcher is the same person who signed the certificate of appointment. Except as provided by Subsection (c), a watcher who presents himself or herself at the proper time with the certificates required under Subsection (a) [a certificate of appointment] shall be accepted for service unless the person is ineligible to serve or the number of appointees to which the appointing authority is entitled have already been accepted.
(d) The certificates [certificate] of a watcher serving at an early voting polling place shall be retained at the polling place until voting at the polling place is concluded. At each subsequent time that the watcher reports for service, the watcher shall inform the clerk or deputy in charge. The officer may require the watcher to sign the watcher's name in the officer's presence, for comparison with the signature on the certificate of appointment, if the officer is uncertain of the watcher's identity.
(e) If a watcher is not accepted for service, the certificates [certificate of appointment] shall be returned to the watcher with a signed statement of the reason for the rejection.
Amendment No. 32 was adopted.
Amendment No. 33
Representative Dutton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTIONS to ARTICLE 4 of the bill and renumbering the SECTIONS of ARTICLE 4 accordingly:
SECTION 4.____. Section 33.031, Election Code, is amended by adding Subsection (b) to read as follows:
(b) To be eligible to serve as a watcher, a person must register with the secretary of state not later than the 15th day before the election at which the person wishes to serve as a watcher. Failure to timely register with the secretary of state makes a person ineligible to serve as a watcher.
A record vote was requested by Representative C. Turner.
Amendment No. 33 failed of adoption by (Record 31): 38 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Lucio; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 31 was taken, I was absent. I would have voted yes.
Campos
When Record No. 31 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 31 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 31 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 31 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 34
Representative Anchia offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) On page 12, line 25, strike "Subsections (e) and (f)" and substitute "Subsection (f)".
(2) On page 13, strike lines 6 through 8.
A record vote was requested by Representative C. Turner.
Amendment No. 34 failed of adoption by (Record 32): 39 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Perez; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 32 was taken, I was absent. I would have voted yes.
Campos
When Record No. 32 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 32 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 32 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 32 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 35
Representative Dominguez offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) on page 13, line 11, between "activity" and the underlined period, by inserting "but may not sit or stand close enough to a voter at a voting station to permit the watcher to observe the voter's ballot".
(Harris in the chair)
A record vote was requested by Representative C. Turner.
Amendment No. 35 failed of adoption by (Record 33): 39 Yeas, 76 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; Kacal; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Schofield; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 33 was taken, I was absent. I would have voted yes.
Campos
When Record No. 33 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 33 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 33 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 33 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 36
Representative Rosenthal offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) on page 13, line 11, between "activity" and the underlined period, by inserting ", except that the watcher may not interfere with or interrupt a voter preparing or casting a ballot".
A record vote was requested by Representative C. Turner.
Amendment No. 36 failed of adoption by (Record 34): 36 Yeas, 78 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Johnson, J.E.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 34 was taken, I was absent. I would have voted yes.
Campos
When Record No. 34 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 34 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 34 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 34 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 37
Representative J. Turner offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) as follows:
(1) On page 14, strike line 5 and substitute the following:
SECTION 4.06. Section 33.061, Election Code, is amended by amending Subsection (a) and adding Subsection (c)
(2) On page 14, between lines 14 and 15, insert the following:
(c) It is an exception to the application of Subsection (a) that the person requested that a watcher refrain from an activity that the person reasonably believed obstructed the conduct of the election, including an activity that disturbed a voter or an election officer in a manner not authorized by this code.
A record vote was requested by Representative C. Turner.
Amendment No. 37 failed of adoption by (Record 35): 37 Yeas, 77 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Schofield; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 35 was taken, I was absent. I would have voted yes.
Campos
When Record No. 35 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 35 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 35 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 35 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 38
Representative Zwiener offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 4 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 4.____. Section 33.006(b), Election Code, is amended to read as follows:
(b) A certificate of appointment must:
(1) be in writing and signed by the appointing authority or, for an appointment for a write-in candidate under Section 33.004, by each of the voters making the appointment;
(2) indicate the capacity in which the appointing authority is acting;
(3) state the name, residence address, and voter registration number of the appointee and be signed by the appointee;
(4) identify the election and the precinct polling place or other location at which the appointee is to serve;
(4-a) indicate whether the watcher will be compensated for service and by whom;
(5) in an election on a measure, identify the measure if more than one is to be voted on and state which side of the measure the appointee represents; and
(6) contain an affidavit executed by the appointee stating that the appointee will not have possession of a device capable of recording images or sound or that the appointee will disable or deactivate the device while serving as a watcher.
A record vote was requested by Representative C. Turner.
Amendment No. 38 failed of adoption by (Record 36): 37 Yeas, 76 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Jetton; Johnson, J.D.; Leach; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 36 was taken, I was absent. I would have voted yes.
Campos
When Record No. 36 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 36 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
When Record No. 36 was taken, I was in the house but away from my desk. I would have voted no.
Leach
When Record No. 36 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 36 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 36 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 39
Representative Clardy offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by striking page 28, line 26, to page 29, line 2, and substituting the following:
Sec. 87.128. NOTES. (a) Each member of an early voting ballot board and each member of a signature verification committee is entitled to take any notes reasonably necessary to perform the member's duties under this chapter.
(b) Notes taken under this section may not contain personally identifiable information.
(c) Each member who takes notes under this section shall sign the notes and deliver them to the presiding judge or committee chair, as applicable, for delivery to the custodian of election records.
(d) Notes collected under this section shall be preserved in the same manner as precinct election records under Section 66.058.
A record vote was requested by Representative C. Turner.
Amendment No. 39 was adopted by (Record 37): 108 Yeas, 5 Nays, 2 Present, not voting.
Yeas — Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Cyrier; Darby; Dean; Dominguez; Dutton; Fierro; Frank; Frullo; Gates; Goldman; Goodwin; Harless; Hefner; Hernandez; Holland; Howard; Huberty; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Metcalf; Meyer; Middleton; Moody; Morales, E.; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; White; Wilson; Wu; Zwiener.
Nays — Allen; Davis; Herrero; Minjarez; Walle.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Bernal; Campos; Coleman; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 37 was taken, I was absent. I would have voted yes.
Campos
When Record No. 37 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 37 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 37 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 37 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 40
Representative Ortega offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES of the bill:
ARTICLE ____. UNIVERSAL VOTING BY MAIL
SECTION ____.01. Section 13.002(e), Election Code, is amended to read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is certified for participation in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure, is not eligible for early voting by mail [under Section 82.007] unless the person submits an application under this section by personal delivery. The secretary of state may adopt rules to implement this subsection.
SECTION ____.02. Section 82.005, Election Code, is amended to read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL APPEARANCE]. Any qualified voter is eligible for early voting by mail or personal appearance.
SECTION ____.03. Section 82.007, Election Code, is amended to read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter who, [is eligible for early voting by mail if:
[(1)
the voter submitted a registration application by personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot application is submitted, [the voter] is certified for participation in the address confidentiality program administered by the attorney general under Subchapter B, Chapter 58, Code of Criminal Procedure, is eligible for early voting by mail only if the voter submitted a registration application by personal delivery as required by Section 13.002(e).
SECTION ____.04. Section 84.001(a), Election Code, is amended to read as follows:
(a) To be entitled to vote an early voting ballot by mail, a person [who is eligible for early voting] must make an application for an early voting ballot to be voted by mail as provided by this title.
SECTION ____.05. Section 84.002(a), Election Code, as effective September 1, 2021, is amended to read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the applicant is registered to vote;
(2) for an application for a ballot to be voted by mail by an applicant who will be absent from the applicant's [on the ground of absence from the] county of residence on election day, the address outside the applicant's county of residence to which the ballot is to be mailed;
(3) for an application for a ballot to be voted by mail by an applicant who is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative [on the ground of age or disability], the address of the hospital, nursing home or other long-term care facility, or retirement center, or of a person related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, if the applicant is living at that address and that address is different from the address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail by an applicant who is confined [on the ground of confinement] in jail as described by Section 84.009(a), the address of the jail or of a person related to the applicant within the degree described by Subdivision (3);
(5) [for an application for a ballot to be voted by mail on any ground,] an indication of each election for which the applicant is applying for a ballot; and
(6) [an indication of the ground of eligibility for early voting; and
[(7)] for an application for a ballot to be voted by mail by an applicant who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and is ordered as a condition of civil commitment to reside in a facility operated by or under contract with the Texas Civil Commitment Office [on the ground of involuntary civil commitment], the address of the facility operated by or under contract with the Texas Civil Commitment Office or of a person related to the applicant within the degree of consanguinity described by Subdivision (3).
SECTION ____.06. Section 84.009, Election Code, is amended by amending Subsection (a) and adding Subsection (b) to read as follows:
(a) This section applies only to an applicant who, at the time the application for a ballot to be voted by mail is submitted, is confined in jail:
(1) serving a misdemeanor sentence for a term that ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony conviction; or
(4) pending trial or appeal on a bailable offense for which release on bail before election day is unlikely.
(b) On request of the applicant, an application for a ballot to be voted by mail [on the ground of confinement in jail] may be submitted to the early voting clerk, at the discretion of the authority in charge of the jail, by personal delivery by the jail authority or by a designated subordinate of the authority.
SECTION ____.07. Section 84.011(a), Election Code, as effective September 1, 2021, is amended to read as follows:
(a) The officially prescribed application form for an early voting ballot must include:
(1) immediately preceding the signature space the statement: "I certify that the information given in this application is true, and I understand that giving false information in this application is a crime.";
(2) a statement informing the applicant of the offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter registration number and county election precinct of registration, with a statement informing the applicant that failure to furnish that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the ground of absence from the county of residence] to indicate whether the applicant will be absent from the applicant's county of residence on election day and, if applicable, the date on or after which the applicant can receive mail at the address outside the county;
(B) a space for indicating the fact that an applicant whose application is signed by a witness cannot make the applicant's mark and a space for indicating the relationship or lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone number, with a statement informing the applicant that failure to furnish that information does not invalidate the application;
(D) a space or box for an applicant who is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative, [applying on the ground of age or disability] to indicate that the address to which the ballot is to be mailed is the address of a facility or relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant who is confined [applying on the ground of confinement] in jail as described by Section 84.009(a) or who is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and ordered as a condition of civil commitment to reside in a facility operated by or under contract with the Texas Civil Commitment Office, [involuntary civil commitment] to indicate that the address to which the ballot is to be mailed is the address of a relative described by Section 84.002(a)(4) or (6) [(7)], if applicable;
(F) a space for an applicant [applying on the ground of age or disability] to indicate if the application is an application under Section 86.0015;
(G) spaces for entering the signature, printed name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the requirement prescribed by Section 86.003(c).
SECTION ____.08. Sections 86.001(b) and (c), Election Code, are amended to read as follows:
(b) If the application complies with the applicable requirements prescribed by this title [applicant is entitled to vote an early voting ballot by mail], the clerk shall provide an official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant is not entitled to vote in the election [by mail], the clerk shall reject the application, enter on the application "rejected" and the reason for and date of rejection, and deliver written notice of the reason for the rejection to the applicant at both the residence address and mailing address on the application. A ballot may not be provided to an applicant whose application is rejected.
SECTION ____.09. Section 86.0015(a), Election Code, is amended to read as follows:
(a) This section applies only to an application for a ballot to be voted by mail that[:
[(1) indicates the ground of eligibility is age or disability; and
[(2)] does not specify the election for which a ballot is requested or has been marked by the applicant as an application for more than one election.
SECTION ____.10. Section 86.003(c), Election Code, as effective September 1, 2021, is amended to read as follows:
(c) The address to which the balloting materials must be addressed is the address at which the voter is registered to vote, or the registered mailing address if different, unless the application to vote early by mail indicates that the voter [ground for voting by mail is]:
(1) will be absent from the voter's [absence from the] county of residence on election day, in which case the address must be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by Section 84.009(a), in which case the address must be the address of the jail or of a relative described by Section 84.002(a)(4);
(3) is 65 years of age or older on election day or has a sickness or physical condition that requires the applicant to reside in a hospital or nursing home or other long-term care facility, or with a relative, [age or disability] and [the voter] is living at a hospital, nursing home or other long-term care facility, or retirement center, or with a relative described by Section 84.002(a)(3), in which case the address must be the address of that facility or relative; or
(4) is civilly committed as a sexually violent predator under Chapter 841, Health and Safety Code, and ordered as a condition of civil commitment to reside in a facility operated by or under contract with the Texas Civil Commitment Office [involuntary civil commitment], in which case the address must be the address of the facility or of a relative described by Section 84.002(a)(6) [84.002(a)(7)].
SECTION ____.11. Section 86.004(b), Election Code, is amended to read as follows:
(b) For an election to which Section 101.104 applies, the balloting materials for a voter who indicates on the application for a ballot to be voted by mail or the federal postcard application that the voter seeks [is eligible] to vote early by mail as a consequence of the voter's being outside the United States shall be mailed on or before the later of the 45th day before election day or the seventh calendar day after the date the clerk receives the application. However, if it is not possible to mail the ballots by the deadline of the 45th day before election day, the clerk shall notify the secretary of state within 24 hours of knowing that the deadline will not be met. The secretary of state shall monitor the situation and advise the clerk, who shall mail the ballots as soon as possible in accordance with the secretary of state's guidelines.
SECTION ____.12. Section 87.041(b), Election Code, is amended to read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly executed;
(2) neither the voter's signature on the ballot application nor the signature on the carrier envelope certificate is determined to have been executed by a person other than the voter, unless signed by a witness;
(3) [the voter's ballot application states a legal ground for early voting by mail;
[(4)] the voter is registered to vote, if registration is required by law;
(4) [(5)
the address to which the ballot was mailed to the voter, as indicated by the application, was outside the voter's county of residence, if the ground for early voting is absence from the county of residence;
[(6)] for a voter to whom a statement of residence form was required to be sent under Section 86.002(a), the statement of residence is returned in the carrier envelope and indicates that the voter satisfies the residence requirements prescribed by Section 63.0011; and
(5) [(7)] the address to which the ballot was mailed to the voter is an address [that is otherwise] required by Sections 84.002 and 86.003.
SECTION ____.13. Section 102.001(a), Election Code, is amended to read as follows:
(a) A qualified voter is eligible to vote a late ballot as provided by this chapter if the voter has a sickness or physical condition [described by Section 82.002] that prevents the voter from appearing at the polling place on election day without a likelihood of needing personal assistance or of injuring the voter's health and originates on or after the day before the last day for submitting an application for a ballot to be voted by mail.
SECTION ____.14. The following provisions of the Election Code are repealed:
(1) Section 82.001;
(2) Section 82.002;
(3) Section 82.003;
(4) Section 82.004;
(5) Section 82.008, as effective September 1, 2021;
(6) Section 84.002(b);
(7) Section 84.002(c), as effective September 1, 2021; and
(8) Section 112.002(b).
A record vote was requested by Representative C. Turner.
Amendment No. 40 failed of adoption by (Record 38): 36 Yeas, 78 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gates; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 38 was taken, I was absent. I would have voted yes.
Campos
When Record No. 38 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 38 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 38 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 38 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 41
Representative Zwiener offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTIONS to ARTICLE 5 of the bill and renumbering subsequent SECTIONS of ARTICLE 5 accordingly:
SECTION 5.____. Section 13.038, Election Code, is amended to read as follows:
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person.
(b) A volunteer deputy registrar may distribute application forms for a ballot to be voted by mail throughout the county and receive applications for a ballot to be voted by mail submitted to the deputy in person as provided by Subchapter C, Chapter 84.
SECTION 5.____. Section 84.007(b), Election Code, is amended to read as follows:
(b) An application must be submitted to the early voting clerk by:
(1) mail;
(2) common or contract carrier;
(2-a) a volunteer deputy registrar, subsequent to a delivery made to the volunteer deputy registrar under Subchapter C;
(3) subject to Subsection (b-1), telephonic facsimile machine, if a machine is available in the clerk's office; or
(4) subject to Subsection (b-1), electronic transmission of a scanned application containing an original signature.
SECTION 5.____. Chapter 84, Election Code, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS
Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a supply of official application forms for a ballot to be voted by mail and shall furnish the forms to voters throughout the county in a manner consistent with law.
(b) A voter may submit an application for a ballot to be voted by mail by delivering the application to a volunteer deputy registrar.
(c) To the extent practicable, the procedure under this section for distributing applications for a ballot to be voted by mail and delivering applications shall be the same as the procedure for delivering a registration application under Subchapter B, Chapter 13.
Sec. 84.052. DELIVERY OF APPLICATION TO EARLY VOTING CLERK. (a) A volunteer deputy registrar shall deliver in person, or by personal delivery through another designated volunteer deputy, to the early voting clerk each completed application for a ballot to be voted by mail submitted to the deputy, as provided by this section. The secretary of state shall prescribe any procedures necessary to ensure the proper and timely delivery of completed applications that are not delivered in person by the volunteer deputy who receives them.
(b) Except as provided by Subsection (c), an application shall be delivered to the early voting clerk not later than 5 p.m. of the fifth day after the date the application is submitted to the volunteer deputy registrar.
(c) An application submitted after the 15th day before the date of an election and on or before the last day for a person to timely submit an application for a ballot to be voted by mail for that election as provided by Section 84.007 shall be delivered to the early voting clerk not later than 5 p.m. of the next regular business day after the date to timely submit an application for a ballot to be voted by mail for that election as provided by Section 13.143.
Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A volunteer deputy registrar commits an offense if the deputy fails to comply with Section 84.052.
(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.
(c) An offense under this section is a Class A misdemeanor if the deputy's failure to comply is intentional.
Sec. 85.054. ADDITIONAL TRAINING FOR DEPUTY REGISTRARS. The secretary of state shall supplement the training under Section 13.047 to include standards of training in election law relating to applications for a ballot to be voted by mail.
A record vote was requested by Representative C. Turner.
Amendment No. 41 failed of adoption by (Record 39): 37 Yeas, 77 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gates; Gervin-Hawkins; González, J.; Hinojosa; Jetton; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 39 was taken, I was absent. I would have voted yes.
Campos
When Record No. 39 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 39 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 39 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 39 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 42
Representative Zwiener offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) On page 31, line 1, strike "and".
(2) On page 31, line 3, between "counted" and the period, insert "; and I have never participated in or encouraged an act of insurrection against this state or the federal government".
A record vote was requested by Representative C. Turner.
Amendment No. 42 failed of adoption by (Record 40): 39 Yeas, 76 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Goldman; Harless; Hefner; Holland; Huberty; Hull; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Harris(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gates; Gervin-Hawkins; Hinojosa; Jetton; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 40 was taken, I was absent. I would have voted yes.
Campos
When Record No. 40 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 40 was taken, I was in the house but away from my desk. I would have voted no.
Jetton
When Record No. 40 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 40 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 40 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
(Speaker in the chair)
Amendment No. 43
Representative M. González offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by striking SECTION 6.03 of the bill (page 30, line 7, through page 31, line 3) and renumbering subsequent SECTIONS of the ARTICLE accordingly.
A record vote was requested by Representative C. Turner.
Amendment No. 43 failed of adoption by (Record 41): 38 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Schofield; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 41 was taken, I was absent. I would have voted yes.
Campos
When Record No. 41 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 41 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 41 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 41 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 44
Representative M. González offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) on page 33 by striking line 10 and substituting the following:
voter is:
(1) an attendant or caregiver previously known to the voter; or
(2) an employee or a volunteer of a social service organization.
A record vote was requested by Representative C. Turner.
Amendment No. 44 failed of adoption by (Record 42): 39 Yeas, 78 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Jetton; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Schofield; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 42 was taken, I was absent. I would have voted yes.
Campos
When Record No. 42 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 42 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 42 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 42 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 45
Representative Moody offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by striking page 33, lines 11-22, and renumbering the SECTIONS of ARTICLE 6 accordingly.
Amend CSSB 1 (house committee report) as follows:
(1) On page 31, line 10, immediately following "address;", insert "and".
(2) On page 31, strike lines 11 and 12.
(3) On page 31, line 13, strike "(3)" and substitute "(2)".
A record vote was requested by Representative C. Turner.
Amendment No. 45 failed of adoption by (Record 43): 39 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Schofield; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 43 was taken, I was absent. I would have voted yes.
Campos
When Record No. 43 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 43 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 43 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 43 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 46
Representative M. González offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) Strike ARTICLE 6 of the bill (page 29, line 3, through page 33, line 22) and renumber subsequent ARTICLES and SECTIONS of the bill accordingly.
A record vote was requested by Representative C. Turner.
Amendment No. 46 failed of adoption by (Record 44): 38 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 44 was taken, I was absent. I would have voted yes.
Campos
When Record No. 44 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 44 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 44 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 44 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 47
Representative Neave offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 6 and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 6.____. Section 64.009, Election Code, is amended by adding Subsection (e) to read as follows:
(e) An election officer shall post one or more notices outside the polling place displaying in a large font that is clearly readable from a vehicle:
(1) information about a voter's right to vote under this section; and
(2) instructions for voting under this section.
A record vote was requested by Representative C. Turner.
Amendment No. 47 failed of adoption by (Record 45): 39 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 45 was taken, I was absent. I would have voted yes.
Campos
When Record No. 45 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 45 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 45 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 45 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 48
Representative Dominguez offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 6 of the bill and renumbering subsequent SECTIONS of ARTICLE 6 accordingly:
SECTION ____. Section 64.032, Election Code, is amended by adding Subsections (e) and (f) to read as follows:
(e) A person commits an offense if the person knowingly photographs or makes an audio or video recording of a voter receiving assistance under this section without the voter's consent.
(f) An offense under Subsection (e) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that the photograph or audio or video recording reveals how the voter voted or intended to vote in the election.
A record vote was requested by Representative C. Turner.
Amendment No. 48 failed of adoption by (Record 46): 39 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Minjarez; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Herrero; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 46 was taken, I was absent. I would have voted yes.
Campos
When Record No. 46 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 46 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 46 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 46 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 49
Representative J. Turner offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to Article 6 of the bill and renumbering the SECTIONS of Article 6 accordingly:
SECTION 6.____. Section 86.010, Election Code, is amended by adding Subsection (h-1) to read as follows:
(h-1) Subsection (f) does not apply if the voter is a person with a disability being assisted by a previously known attendant or caregiver or by a person primarily employed or compensated to provide care to the voter.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Minjarez on motion of Ordaz Perez.
CSSB 1 - (consideration continued)
A record vote was requested by Representative C. Turner.
Amendment No. 49 failed of adoption by (Record 47): 40 Yeas, 76 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; Kacal; King, T.; Larson; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Price; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 47 was taken, I was absent. I would have voted yes.
Campos
When Record No. 47 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 47 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 47 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 47 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 50
Representative Allison offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) Strike page 35, lines 4-17, and substitute the following:
(3) cause any false or intentionally misleading statement, representation, or information to be provided:
(A) to an election official; or
(B) on an application for ballot by mail, carrier envelope, or any other official election-related form or document;
(4) prevent a voter from casting a legal ballot in an election in which the voter is eligible to vote;
(5) provide false information to a voter with the intent of preventing the voter from voting in an election in which the voter is eligible to vote;
(6) cause the ballot not to reflect the intent of the voter;
(7) cause a ballot to be voted for another person that the person knows to be deceased or otherwise knows not to be a qualified or registered voter;
(8) cause or enable a vote to be cast more than once in the same election; or
(9) discard or destroy a voter's completed ballot without the voter's consent.
(b) An offense under this section is a Class A misdemeanor, unless:
(1) the person committed the offense while acting in the person's capacity as an elected official, in which case the offense is a state jail felony; or
(2) the person is convicted of an attempt, in which case the offense is a Class B [A] misdemeanor.
(2) Strike page 38, lines 17-21, and substitute the following:
Sec. 276.018. PERJURY IN CONNECTION WITH CERTAIN ELECTION PROCEDURES. (a) A person commits an offense if, with the intent to deceive, the person knowingly or intentionally makes a false statement or swears to the truth of a false statement:
(1) on a voter registration application; or
(2) previously made while making an oath, declaration, or affidavit described by this code.
(b) An offense under this section is a state jail felony.
(3) Strike page 44, line 23, through page 45, line 14, and substitute the following:
SECTION 9.03. Section 64.012, Election Code, is amended by amending Subsections (a) and (b) and adding Subsections (c) and (d) to read as follows:
(a) A person commits an offense if the person knowingly or intentionally:
(1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote;
(2) [knowingly] votes or attempts to vote more than once in an election;
(3) [knowingly] votes or attempts to vote a ballot belonging to another person, or by impersonating another person; [or]
(4) [knowingly] marks or attempts to mark any portion of another person's ballot without the consent of that person, or without specific direction from that person how to mark the ballot; or
(5) votes or attempts to vote in an election in this state after voting in another state in an election in which a federal office appears on the ballot and the election day for both states is the same day.
(b) An offense under this section is a Class A misdemeanor [felony of the second degree unless the person is convicted of an attempt. In that case, the offense is a state jail felony].
(4) Add the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumber the SECTIONS of that ARTICLE accordingly:
SECTION 2.____. Section 13.007, Election Code, is amended to read as follows:
Sec. 13.007. FALSE STATEMENT ON APPLICATION. (a) A person commits an offense if the person knowingly or intentionally:
(1) makes a false statement; or
(2) requests, commands, coerces, or attempts to induce another person to make a false statement on a registration application.
(b) An offense under this section is a Class A [B] misdemeanor.
(c) If conduct that constitutes an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both. [For purposes of this code, an offense under this section is considered to be perjury, but may be prosecuted only under this section.]
Amendment No. 51
Representative Cain offered the following amendment to Amendment No. 50:
Amend Amendment No. 50 by Allison to CSSB 1 as follows:
(1) On page 3, line 18, insert the following between "misdemeanor" and ".":
, except that an offense under this section is a state jail felony if the person:
(1) directly or through a third party offers or provides compensation or other benefit to a person for activity described by Subsection (a); or
(2) solicits, receives, or accepts compensation or other benefit for an activity described by Subsection (a).
A record vote was requested by Representative C. Turner.
Amendment No. 51 was adopted by (Record 48): 78 Yeas, 38 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Bailes; Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 48 was taken, I was absent. I would have voted no.
Campos
When Record No. 48 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 48 was taken, I was absent. I would have voted no.
Martinez
When Record No. 48 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 48 was taken, I was temporarily out of the house chamber. I would have voted no.
Perez
A record vote was requested by Representative C. Turner.
Amendment No. 50, as amended, was adopted by (Record 49): 80 Yeas, 35 Nays, 2 Present, not voting.
Yeas — Allen; Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C); Frullo.
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 49 was taken, I was shown voting yes. I intended to vote no.
Biedermann
When Record No. 49 was taken, I was absent. I would have voted no.
Campos
When Record No. 49 was taken, I was shown voting yes. I intended to vote no.
Cason
When Record No. 49 was taken, I was shown voting present, not voting. I intended to vote yes.
Frullo
When Record No. 49 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 49 was taken, I was absent. I would have voted no.
Martinez
When Record No. 49 was taken, I was temporarily out of the house chamber. I would have voted no.
Perez
When Record No. 49 was taken, I was shown voting yes. I intended to vote no.
Slaton
Amendment No. 52
Representative S. Thompson offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) as follows:
(1) On page 34, line 4, strike "state jail felony" and substitute "Class A misdemeanor".
(2) On page 37, line 17, strike "state jail felony" and substitute "Class A misdemeanor".
(3) On page 38, line 21, strike "state jail felony" and substitute "Class B misdemeanor".
(4) On page 42, line 22, strike "Class A" and substitute "Class B".
(5) On page 42, line 23, strike "state jail felony" and substitute "Class A misdemeanor".
A record vote was requested by Representative C. Turner.
Amendment No. 52 failed of adoption by (Record 50): 38 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 50 was taken, I was absent. I would have voted yes.
Campos
When Record No. 50 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 50 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 50 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 50 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 53
Representative Walle offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) on page 37 as follows:
(1) On line 8, between "person" and "who", insert "under the age of 65".
(2) On line 10, between "person" and "who", insert "under the age of 65".
A record vote was requested by Representative C. Turner.
Amendment No. 53 failed of adoption by (Record 51): 38 Yeas, 79 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Bucy; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 51 was taken, I was absent. I would have voted yes.
Campos
When Record No. 51 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 51 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 51 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 51 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
(Goldman in the chair)
Amendment No. 54
Representative Rose offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 8 of the bill and renumbering subsequent SECTIONS of the ARTICLE accordingly:
SECTION ____.____. Chapter 273, Election Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. REPORT OF INVESTIGATIONS AND PROSECUTIONS
Sec. 273.101. REPORT OF INVESTIGATIONS AND PROSECUTIONS. (a) The attorney general shall record, for each investigation or prosecution under Subchapter A or B, the following information:
(1) the race of the investigated person;
(2) the age of the investigated person;
(3) the gender of the investigated person;
(4) the month the complaint alleging criminal conduct was made;
(5) the county in which the complaint alleging criminal conduct was made; and
(6) the source of the complaint alleging criminal conduct.
(b) Not later than January 1 of each year, the attorney general shall prepare and submit a report containing the data under Subsection (a) to:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house;
(4) the members of the committee of the house of representatives with primary jurisdiction over elections; and
(5) the principal deputy assistant attorney general for the Civil Rights Division of the United States Department of Justice.
A record vote was requested by Representative C. Turner.
Amendment No. 54 failed of adoption by (Record 52): 37 Yeas, 79 Nays, 2 Present, not voting.
Yeas — Allen; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Anchia; Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 52 was taken, I was absent. I would have voted yes.
Campos
When Record No. 52 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 52 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 52 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 52 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 55
Representative Jetton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) as follows:
(1) Add the following appropriately numbered SECTIONS to ARTICLE 2 of the bill and renumber subsequent SECTIONS of ARTICLE 2 accordingly:
SECTION 2.____. Section 16.0332, Election Code, is amended by amending Subsection (a) and adding Subsections (a-1), (d), and (e) to read as follows:
(a) After the registrar receives notification [a list] under Subsection (a-1) of this section, Section 18.068 of this code, or Section 62.113, Government Code, of persons excused or disqualified from jury service because of citizenship status or notification of persons who indicate a lack of citizenship status in connection with a motor vehicle or Department of Public Safety record as provided by Subsection (a-1), the registrar shall deliver to each registered voter whose name appears on the list a written notice requiring the voter to submit to the registrar proof of United States citizenship in the form of a certified copy of the voter's birth certificate, United States passport, or certificate of naturalization or any other form prescribed by the secretary of state. The notice shall be delivered by forwardable mail to the mailing address on the voter's registration application and to any new address of the voter known to the registrar.
(a-1) The secretary of state shall enter into an agreement with the Department of Public Safety under which information in the existing statewide computerized voter registration list is compared against information in the database of the Department of Public Safety on a monthly basis to verify the accuracy of citizenship status information previously provided on voter registration applications. In comparing information under this subsection, the secretary of state shall consider only a voter's information in the database of the Department of Public Safety that was derived from documents presented by the voter to the department after the person's current voter registration became effective, and may not consider information derived from documents presented by the voter to the department before the person's current voter registration became effective.
(d) The secretary of state shall prescribe rules for the administration of this section.
(e) Not later than December 31 of each year, the secretary of state shall provide a report to the legislature of the number of voter registrations canceled under this section during the calendar year.
SECTION 2.____. Section 18.065, Election Code, is amended by adding Subsections (e), (f), (g), (h), and (i) to read as follows:
(e) If the secretary of state determines that a voter registrar is not in substantial compliance with a requirement imposed on the registrar by a provision or rule described in Subsection (a), the secretary of state shall:
(1) for the first violation, require the registrar to attend a training course under Subsection (h);
(2) for the second violation, audit the voter registration list for the county in which the registrar serves to determine the actions needed to achieve substantial compliance under Subsection (a) and provide the results of the audit to the registrar; or
(3) for a third or subsequent violation, if the secretary of state determines that the registrar has not performed any overt actions in pursuance of compliance with the actions identified under Subdivision (2) as necessary for the registrar to achieve substantial compliance under Subsection (a) within 14 days of receiving the results of the audit conducted under that subsection, inform the attorney general that the county which the registrar serves may be subject to a civil penalty under Subsection (f).
(f) A county is liable to this state for a civil penalty of $1,000 for each day after the 14th day following the receipt of the results of the audit conducted under Subsection (e)(2) that the county's voter registrar fails to take overt action to comply with the actions identified under that subsection as necessary for the registrar to achieve substantial compliance under Subsection (a). The attorney general may bring an action to recover a civil penalty imposed under this section.
(g) A civil penalty collected by the attorney general under this section shall be deposited in the state treasury to the credit of the general revenue fund.
(h) The secretary of state shall develop and implement a training course for registrars on substantial compliance with Sections 15.083, 16.032, and 18.061 and with rules implementing the statewide computerized voter registration list.
(i) The secretary of state shall adopt rules and prescribe procedures for the implementation of this section.
SECTION 2.____. Section 18.068, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) The secretary of state shall quarterly compare the information received under Section 16.001 of this code and Sections [Section] 62.113 and 62.114, Government Code, to the statewide computerized voter registration list. If the secretary determines that a voter on the registration list is deceased or has been excused or disqualified from jury service because the voter is not a citizen or a resident of the county in which the voter is registered to vote, the secretary shall send notice of the determination to the voter registrar of the counties considered appropriate by the secretary.
(a-1) The secretary of state is not required to send notice under Subsection (a) for a voter who is subject to an exemption from jury service under Section 62.106, Government Code, if that exemption is the only reason the voter is excused from jury service.
SECTION 2.____. Section 31.006, Election Code, is amended to read as follows:
Sec. 31.006. REFERRAL [OF COMPLAINT] TO ATTORNEY GENERAL. (a) If, after receiving or discovering information indicating that [a complaint alleging] criminal conduct in connection with an election has occurred, the secretary of state determines that there is reasonable cause to suspect that [the alleged] criminal conduct occurred, the secretary shall promptly refer the information [complaint] to the attorney general. The secretary shall deliver to the attorney general all pertinent documents and information in the secretary's possession.
(b) The documents and information submitted under Subsection (a) are not considered public information until:
(1) the secretary of state makes a determination that the information [complaint] received does not warrant an investigation; or
(2) if referred to the attorney general, the attorney general has completed the investigation or has made a determination that the information [complaint] referred does not warrant an investigation.
SECTION 2.____. Section 62.113(b), Government Code, is amended to read as follows:
(b) On the third business day of each month, the clerk shall send a copy of the list of persons excused or disqualified because of citizenship in the previous month to:
(1) the voter registrar of the county;
(2) the secretary of state; and
(3) the county or district attorney[, as applicable,] for an investigation of whether the person committed an offense under Section 13.007, Election Code, or other law.
SECTION 2.____. Sections 62.114(b) and (c), Government Code, are amended to read as follows:
(b) On the third business day of each month, the clerk shall send [to the voter registrar of the county] a copy of the list of persons excused or disqualified in the previous month because the persons do not reside in the county to:
(1) the voter registrar of the county; and
(2) the secretary of state.
(c) A list compiled under this section may not be used for a purpose other than a purpose described by Subsection (b) or Section 15.081 or 18.068, Election Code.
(2) Add the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumber subsequent SECTIONS of ARTICLE 3 accordingly:
SECTION 3.____. Section 127.1232, Election Code, is amended to read as follows:
Sec. 127.1232. SECURITY OF VOTED BALLOTS. (a) The general custodian of election records shall post a licensed peace officer [guard] to ensure the security of ballot boxes containing voted ballots throughout the period of tabulation at the central counting station.
(b) The general custodian of election records in a county with a population of 100,000 or more shall implement a video surveillance system that retains a record of all areas containing voted ballots:
(1) from the time the voted ballots are delivered to the central counting station until the canvass of precinct election returns; and
(2) from the time the voted ballots are delivered to the signature verification committee or early voting ballot board until the canvass of precinct election returns.
(c) A video from a system implemented under Subsection (b) shall be made available to the public by a livestream.
(d) The video recorded is an election record under Section 1.012 and shall be retained by the general custodian of election records until the end of the calendar year in which an election is held or until an election contest filed in the county has been resolved, whichever is later.
(3) Add the following appropriately numbered SECTION to ARTICLE 4 of the bill and renumber subsequent SECTIONS of ARTICLE 4 accordingly:
SECTION 4.____. Section 127.1301, Election Code, is amended to read as follows:
Sec. 127.1301. [TALLYING, TABULATING, AND REPORTING] CENTRALLY COUNTED OPTICAL SCAN BALLOTS [BALLOT UNDERVOTES AND OVERVOTES]. (a) In an election using centrally counted optical scan ballots, the undervotes and overvotes on those ballots shall be tallied, tabulated, and reported by race and by election precinct in the form and manner prescribed by the secretary of state.
(b) An authority operating a central counting station under this chapter may not purchase or use a centrally counted optical ballot scan system that uses a data storage disc on which information, once written, is capable of being modified.
(c) An authority that purchases system components in order to comply with this section is eligible to have 100 percent of the cost of those system components reimbursed.
(d) Subsection (b) applies starting on the earlier of:
(1) the date on which the state certifies the first centrally counted optical ballot scan system under this section; or
(2) September 1, 2026.
(e) This subsection and Subsection (d) expire October 1, 2026.
(4) Add the following appropriately numbered SECTION to ARTICLE 6 of the bill and renumber subsequent SECTIONS of ARTICLE 6 accordingly:
SECTION 6.____. Section 64.009, Election Code, is amended by amending Subsection (b) and adding Subsections (e), (f), (f-1), (g), and (h) to read as follows:
(b) The regular voting procedures, except those in Subchapter B, may be modified by the election officer to the extent necessary to conduct voting under this section.
(e) Except as provided by Section 33.057, a poll watcher is entitled to observe any activity conducted under this section.
(f) A person who simultaneously assists seven or more voters voting under this section by providing the voters with transportation to the polling place must complete and sign a form, provided by an election officer, that contains the person's name and address and whether the person is providing assistance solely under this section or under both this section and Subchapter B.
(f-1) Subsection (f) does not apply if the person is related to each voter within the second degree by affinity or the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code.
(g) A form completed under Subsection (f) shall be delivered to the secretary of state as soon as practicable. The secretary shall retain a form delivered under this section for the period for preserving the precinct election records and shall make the form available to the attorney general for inspection upon request.
(h) The secretary of state shall prescribe the form described by Subsection (f).
(5) Add the following appropriately numbered SECTIONS to ARTICLE 8 of the bill and renumber subsequent SECTIONS of ARTICLE 8 accordingly:
SECTION 8.____. Subchapter E, Chapter 31, Election Code, is amended by adding Sections 31.128, 31.129, and 31.130 to read as follows:
Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this section, "election official" means:
(1) a county clerk;
(2) a permanent or temporary deputy county clerk;
(3) an elections administrator;
(4) a permanent or temporary employee of an elections administrator;
(5) an election judge;
(6) an alternate election judge;
(7) an early voting clerk;
(8) a deputy early voting clerk;
(9) an election clerk;
(10) the presiding judge of an early voting ballot board;
(11) the alternate presiding judge of an early voting ballot board;
(12) a member of an early voting ballot board;
(13) the chair of a signature verification committee;
(14) the vice chair of a signature verification committee;
(15) a member of a signature verification committee;
(16) the presiding judge of a central counting station;
(17) the alternate presiding judge of a central counting station;
(18) a central counting station manager;
(19) a central counting station clerk;
(20) a tabulation supervisor; and
(21) an assistant to a tabulation supervisor.
(b) A person may not serve as an election official if the person has been finally convicted of an offense under this code.
Sec. 31.129. CIVIL PENALTY. (a) In this section, "election official" has the meaning assigned by Section 31.128.
(b) An election official may be liable to this state for a civil penalty if the official:
(1) is employed by or is an officer of this state or a political subdivision of this state; and
(2) violates a provision of this code.
(c) A civil penalty imposed under this section may include termination of the person's employment and loss of the person's employment benefits.
Sec. 31.130. SUIT AGAINST ELECTION OFFICER. An action, including an action for a writ of mandamus, alleging that an election officer violated a provision of this code while acting in the officer's official capacity may only be brought against the officer in the officer's official capacity.
SECTION 8.____. Sections 232.008(b), (c), and (d), Election Code, are amended to read as follows:
(b) Except as provided by Subsection (c), a contestant must file the petition not later than the later of the 45th [30th] day after the date the election records are publicly available under Section 1.012 or the official result of the contested election is determined.
(c) A contestant must file the petition not later than the later of the 15th [10th] day after the date the election records are publicly available under Section 1.012 or the official result is determined in a contest of:
(1) a primary or runoff primary election; or
(2) a general or special election for which a runoff is necessary according to the official result or will be necessary if the contestant prevails.
(d) A contestant must deliver, electronically or otherwise, a copy of the petition to the secretary of state by the same deadline prescribed for the filing of the petition.
SECTION 8.____. Title 14, Election Code, is amended by adding Subtitle D to read as follows:
SUBTITLE D. OTHER ELECTION LAWSUITS
CHAPTER 247. LAWSUIT ALLEGING IMPROPER ELECTION ACTIVITIES
Sec. 247.001. PETITION ALLEGING FRAUD. This chapter applies to a civil suit in which a candidate in an election alleges in the petition that an opposing candidate, an agent of the opposing candidate, or a person acting on behalf of the opposing candidate with the candidate's knowledge violated any of the following sections of this code:
(1) Section 13.007;
(2) Section 64.012;
(3) Section 64.036;
(4) Section 84.003;
(5) Section 84.0041;
(6) Section 86.0051;
(7) Section 86.006;
(8) Section 86.010;
(9) Section 276.013; and
(10) Section 276.015.
Sec. 247.002. PROCEDURE. A candidate in an election may file a petition for an action under this chapter in any county where a defendant resided at the time of the election. If the election is for a statewide office, the candidate may also file the petition in a district court in Travis County.
Sec. 247.003. FILING PERIOD FOR PETITION. A candidate in an election may file a petition for an action under this chapter not earlier than the day after the date the election is certified and not later than the 45th day after the later of that date or the date election records are made publicly available under Section 1.012.
Sec. 247.004. DAMAGES. (a) If it is shown by a preponderance of the evidence that a defendant, an agent of the defendant, or a person acting on behalf of the defendant with the defendant's knowledge committed one or more violations of a section described by Section 247.001, the defendant is liable to the plaintiff for damages in an amount of $1,000 for each violation.
(b) Notwithstanding Section 41.004, Civil Practice and Remedies Code, a court shall award damages under Subsection (a) to the plaintiff irrespective of whether the plaintiff is awarded actual damages.
Sec. 247.005. ATTORNEY'S FEES. In an action under this chapter, the court may award reasonable attorney's fees to the prevailing party.
SECTION 8.____. Section 273.061, Election Code, is amended to read as follows:
Sec. 273.061. JURISDICTION. (a) The supreme court or a court of appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the holding of an election or a political party convention, regardless of whether the person responsible for performing the duty is a public officer.
(b) The court of criminal appeals may issue a writ of mandamus to compel the performance of any duty imposed by law in connection with the provision, sequestration, transfer, or impoundment of evidence in or records relating to a criminal investigation conducted under this code or conducted in connection with the conduct of an election or political party convention. If a writ of mandamus is issued under this subsection, it shall include an order requiring the provision, sequestration, transfer, or impoundment of the evidence or record.
(6) On page 47, between lines 7 and 8, insert the following:
(e) Chapter 247, Election Code, as added by this Act, applies only to an election contest for which the associated election occurred after the effective date of this Act.
Amendment No. 56
Representative Jetton offered the following amendment to Amendment No. 55:
Amend Amendment No. 55 by Jetton to CSSB 1 as follows:
(1) Strike page 9, line 14, through page 10, line 14, and substitute the following:
Sec. 31.128. RESTRICTION ON ELIGIBILITY. (a) In this section, "election official" does not include a chair of a county political party holding a primary election or a runoff primary election.
(2) On page 14, line 5, strike "an election contest" and substitute "a cause of action".
Amendment No. 56 was adopted. (Perez recorded voting no.)
A record vote was requested by Representative C. Turner.
Amendment No. 55, as amended, was adopted by (Record 53): 75 Yeas, 33 Nays, 2 Present, not voting.
Yeas — Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Buckley; Burns; Burrows; Button; Cain; Capriglione; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Morales, E.; Neave; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker; Goldman(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Allison; Beckley; Bonnen; Campos; Cason; Collier; Crockett; Davis; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Larson; Lopez; Martinez; Martinez Fischer; Meza; Moody; Morales, C.; Morales Shaw; Muñoz; Ordaz Perez; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 53 was taken, I was temporarily out of the house chamber. I would have voted yes.
Allison
When Record No. 53 was taken, I was in the house but away from my desk. I would have voted yes.
Bonnen
When Record No. 53 was taken, I was absent. I would have voted no.
Campos
When Record No. 53 was taken, my vote failed to register. I would have voted yes.
Cason
When Record No. 53 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 53 was taken, I was in the house but away from my desk. I would have voted no.
M. González
When Record No. 53 was taken, I was absent. I would have voted no.
Martinez
When Record No. 53 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 53 was taken, I was temporarily out of the house chamber. I would have voted no.
Perez
Amendment No. 57
Representative Schofield offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following Article to the bill and renumbering subsequent Articles and sections of the bill accordingly:
ARTICLE 9. ELECTION PRACTICES AND PROCEDURES RELATING TO FEDERAL ELECTIONS
SECTION 9.01. Section 1.002(a), Election Code, is amended to read as follows:
(a) This code applies to all general, special, federal, and primary elections held in this state.
SECTION 9.02. Section 1.005, Election Code, is amended by amending Subdivisions (4-a), (7), (14), and (19) and adding Subdivisions (4-b) and (4-c) to read as follows:
(4-a) "Federal election" means a primary or general election for a federal office or a resulting runoff election and does not include an election held for electors for president and vice president of the United States.
(4-b) "Federal judge" means:
(A) a judge, former judge, or retired judge of a United States court of appeals;
(B) a judge, former judge, or retired judge of a United States district court;
(C) a judge, former judge, or retired judge of a United States bankruptcy court; or
(D) a magistrate judge, former magistrate judge, or retired magistrate judge of a United States district court.
(4-c) "Federal office" means the office of United States senator or United States representative.
(7) "General election for state and county officers" means the general election at which officers of the [federal,] state[,] and county governments are elected.
(14) "Primary election" means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a [presidential] primary election for a federal office.
(19) "Statewide office" means an office of the [federal or] state government that is voted on statewide.
SECTION 9.03. Chapters 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, Election Code, are designated as Subtitle A, Title 2, Election Code, and a heading is added to Subtitle A to read as follows:
SUBTITLE A. GENERAL REQUIREMENTS
SECTION 9.04. Section 11.002(a), Election Code, is amended to read as follows:
(a) In this code, "qualified voter" means a person who:
(1) is 18 years of age or older;
(2) is a United States citizen;
(3) has not been determined by a final judgment of a court exercising probate jurisdiction to be:
(A) totally mentally incapacitated; or
(B) partially mentally incapacitated without the right to vote;
(4) has not been finally convicted of a felony or, if so convicted, has:
(A) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(B) been pardoned or otherwise released from the resulting disability to vote;
(5) is a resident of this state; and
(6) is a registered voter under this subtitle.
SECTION 9.05. Section 15.003(a), Election Code, is amended to read as follows:
(a) On receipt of a voter registration certificate issued under this subtitle [title], the person to whom the certificate is issued must personally sign it in the appropriate space.
SECTION 9.06. Title 2, Election Code, is amended by adding Subtitle B to read as follows:
SUBTITLE B. FEDERAL ELECTIONS
CHAPTER 21. GENERAL PROVISIONS
Sec. 21.001. DEFINITIONS. In this subtitle:
(1) "Federal ballot" means a ballot that only lists elections and candidates for federal office.
(2) "State election" means an election that is not a federal election.
Sec. 21.002. FEDERAL ELECTIONS SEPARATE. (a) Notwithstanding other law, a federal election is a separate election from any other election in this state.
(b) A federal election under this subtitle may not list on the federal ballot any proposition or election for state or county office.
(c) To the extent feasible, a federal election and a state election shall be held separately and concurrently using the same precincts and polling locations.
Sec. 21.003. RULES. (a) The secretary of state shall adopt rules to enact this subtitle.
(b) The rules adopted under this section must reduce voter disruption and confusion to the greatest extent possible, including by using the same area in which voters are being accepted for voting and the same voting stations for state and federal elections.
CHAPTER 22. VOTER REGISTRATION FOR FEDERAL ELECTIONS
Sec. 22.001. DEFINITION. In this chapter, "military service voter" means:
(1) a member of the armed forces of the United States;
(2) a member of the merchant marine of the United States;
(3) a member of the Texas National Guard;
(4) a member of the National Guard of another state serving on active duty under an order of the president of the United States;
(5) a member of a reserve component of the armed forces of the United States serving on active duty under an order of the president of the United States or activated on state orders; or
(6) a spouse or dependent of a member of a military organization listed in Subdivisions (1) through (5).
Sec. 22.002. ELIGIBILITY TO VOTE IN FEDERAL ELECTIONS. To be eligible to vote in a federal election in this state, a person must:
(1) be a qualified voter as defined by Section 11.002 on the day the person offers to vote; or
(2) meet all requirements for voter eligibility under federal law and:
(A) meet all of the requirements to be a qualified voter under Section 11.002 except the requirement under Section 11.002(a)(6) that the person be a registered voter under Subtitle A, and be:
(i) a military service voter; or
(ii) domiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia; or
(B) be unable to complete the registration requirements under Subtitle A.
Sec. 22.003. REGISTRATION FOR FEDERAL ELECTIONS. (a) If the United States Congress enacts legislation that allows a voter to be eligible to register to vote under this subtitle when the same voter would be ineligible to register to vote under Subtitle A, the secretary of state shall create and maintain a procedure by which a person eligible under Section 22.002 may submit an application to register to vote under this subtitle. The procedure under this section must comply with all federal laws for voter registration.
(b) A person who submits an application for registration under Chapter 13 that does not comply with all requirements under Subtitle A but does comply with all requirements under federal law shall be registered to vote under this subtitle.
(c) A person registered to vote under Subsection (b) who submits an application for registration under Chapter 13 that is accepted becomes registered to vote under Subtitle A.
CHAPTER 23. CONDUCT OF FEDERAL ELECTIONS
Sec. 23.001. CREATION OF FEDERAL BALLOT. The authority preparing a ballot for a concurrent federal and state election shall prepare a separate federal ballot for voters registered under this subtitle.
Sec. 23.002. BALLOT RECEIVED BY VOTER IN FEDERAL ELECTION. (a) A voter registered to vote under Subtitle A may vote a full ballot containing propositions and candidates for office in state and federal elections.
(b) A voter registered to vote under this subtitle may only vote a federal ballot.
Sec. 23.003. OTHER CONDUCT. (a) Voting, tabulation, and reporting procedures for a state election shall be conducted under the provisions of this code.
(b) To the extent possible, voting, tabulation, and reporting procedures for a federal election shall be conducted under the provisions of this code.
(c) To the extent that federal law conflicts with a provision of this code, voting, tabulation, and reporting procedures for a federal election shall be conducted under the provisions of the applicable federal law.
SECTION 9.07. Subchapter A, Chapter 41, Election Code, is amended by adding Section 41.003 to read as follows:
Sec. 41.003. GENERAL ELECTION FOR FEDERAL OFFICERS. (a) The general election for federal officers shall be held on the first Tuesday after the first Monday in November in even-numbered years.
(b) To the extent feasible, the general election for federal officers shall be held concurrently with the general election for state and county officers.
SECTION 9.08. The heading to Section 41.007, Election Code, is amended to read as follows:
Sec. 41.007. PRIMARY ELECTIONS FOR STATE AND COUNTY OFFICERS.
SECTION 9.09. Sections 41.007(a) and (d), Election Code, are amended to read as follows:
(a) The general primary election date for state and county officers is the first Tuesday in March in each even-numbered year.
(d) No [other] election other than a primary election for federal officers may be held on the date of a primary election.
SECTION 9.10. Subchapter A, Chapter 41, Election Code, is amended by adding Section 41.0075 to read as follows:
Sec. 41.0075. PRIMARY ELECTIONS FOR FEDERAL OFFICERS. (a) The primary election date for federal officers is the first Tuesday in March in each even-numbered year.
(b) The runoff primary election date for federal officers is the fourth Tuesday in May following the primary election for federal officers.
(c) To the extent feasible, the primary election for federal officers shall be held concurrently with the primary election for state and county officers.
SECTION 9.11. Section 42.002(a), Election Code, is amended to read as follows:
(a) The county election precincts are the election precincts for the following elections:
(1) the general election for state and county officers;
(2) a special election ordered by the governor;
(3) a primary election;
(4) a countywide election ordered by the commissioners court, county judge, or other county authority, except an election subject to Section 42.062(2); [and]
(5) a federal election; and
(6) as provided by Section 42.0621, any other election held by a political subdivision on a uniform election date.
SECTION 9.12. Section 67.010(a), Election Code, is amended to read as follows:
(a) The county election returns for an election for a statewide office other than governor or lieutenant governor, a statewide measure, a district office, a federal office, or president and vice-president of the United States shall be canvassed by the governor.
SECTION 9.13. Section 84.014, Election Code, is amended to read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS. 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 Subtitle A, 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.
SECTION 9.14. Section 101.052, Election Code, is amended by amending Subsections (e), (f), and (j) and adding Subsection (n) to read as follows:
(e) An applicant who otherwise complies with applicable requirements is entitled to receive a full ballot to be voted by mail under this chapter if:
(1) the applicant submits a federal postcard application to the early voting clerk on or before the 20th day before election day; and
(2) the application contains the information that is required for registration under Subtitle A, Title 2.
(f) The applicant is entitled to receive only a federal ballot to be voted by mail under Chapter 114 if:
(1) the applicant submits the federal postcard application to the early voting clerk after the date provided by Subsection (e)(1) and before the deadline for submitting a regular application for a ballot to be voted by mail; and
(2) the application contains the information that is required for registration under Subtitle A, Title 2.
(j) If the early voting clerk determines that an application that is submitted before the time prescribed by Subsection (e)(1) does not contain the information that is required for registration under Subtitle A, Title 2, the clerk shall notify the applicant of that fact. If the applicant has provided a telephone number or an address for receiving mail over the Internet, the clerk shall notify the applicant by that medium.
(n) A federal postcard application that does not meet the requirements of Subtitle A, Title 2, may still constitute registration for federal elections if the federal postcard application meets the requirements of Subtitle B, Title 2.
SECTION 9.15. Section 101.053(b), Election Code, is amended to read as follows:
(b) If an applicant provides a date of birth, driver's license number, or social security number on the applicant's federal postcard application that is different from or in addition to the information maintained by the voter registrar in accordance with Subtitle A, 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.
SECTION 9.16. Section 101.055, Election Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a) The submission of a federal postcard application that complies with the [applicable] requirements of Subtitle A, Title 2, by an unregistered applicant constitutes registration by the applicant:
(1) for the purpose of voting in the election for state and county officers for which a ballot is requested; and
(2) under Subtitle A, Title 2, if the federal postcard application complies with the requirements under that subtitle, unless the person indicates on the application that the person is residing outside the United States indefinitely.
(a-1) The submission of a federal postcard application that complies with the requirements of Subtitle B, Title 2, by an unregistered applicant constitutes registration by the applicant:
(1) for the purpose of voting in the election for federal officers for which a ballot is requested; and
(2) under Subtitle B, Title 2, if the federal postcard application complies with the requirements under that subtitle, unless the person indicates on the application that the person is residing outside the United States indefinitely.
SECTION 9.17. Section 142.005, Election Code, is amended to read as follows:
Sec. 142.005. AUTHORITY WITH WHOM APPLICATION FILED. An application for a place on the ballot must be filed with:
(1) the secretary of state, for a federal, statewide, or district office; or
(2) the county judge, for a county or precinct office.
SECTION 9.18. Section 145.033, Election Code, is amended to read as follows:
Sec. 145.033. AUTHORITY WITH WHOM WITHDRAWAL REQUEST FILED. A candidate must file a withdrawal request with:
(1) the secretary of state, for a federal, statewide, or district office; or
(2) the authority responsible for having the official ballot prepared, for a county or precinct office.
SECTION 9.19. Section 145.037(d), Election Code, is amended to read as follows:
(d) The chair must deliver the certification to:
(1) the secretary of state, for a federal, statewide, or district office; or
(2) the authority responsible for having the official ballot prepared, for a county or precinct office.
SECTION 9.20. Section 146.024, Election Code, is amended to read as follows:
Sec. 146.024. AUTHORITY WITH WHOM DECLARATION FILED. A declaration of write-in candidacy must be filed with:
(1) the secretary of state, for a federal, statewide, or district office; or
(2) the county judge, for a county or precinct office.
SECTION 9.21. Section 161.008(a), Election Code, is amended to read as follows:
(a) Except as provided by Subsection (c), the secretary of state shall certify in writing for placement on the general election ballot the name of each candidate nominated at a primary election or convention of a political party for a federal, statewide, or district office.
SECTION 9.22. Section 163.006(d), Election Code, is amended to read as follows:
(d) Before January 15 of each year in which political parties hold precinct conventions under this title, the secretary of state shall deliver written notice of the requirements of this section to the state chair of each party that had a nominee for a federal, statewide, or district office on the most recent general election ballot.
SECTION 9.23. Section 172.059(b), Election Code, is amended to read as follows:
(b) A withdrawal request for the runoff primary must be filed with the state chair, for a federal, statewide, or district office, or with the county chair, for a county or precinct office.
SECTION 9.24. Section 172.121(a), Election Code, is amended to read as follows:
(a) The state chair shall certify on the secretary of state's website for placement on the runoff primary election ballot the name of each general primary candidate for a federal, statewide, or district office who is to be a candidate in the runoff.
SECTION 9.25. Section 172.122(a), Election Code, is amended to read as follows:
(a) The state chair shall certify by posting on the secretary of state's website the name and address of each primary candidate who is nominated for a federal, statewide, or district office. The state chair shall execute and file digitally with the secretary of state an affidavit certifying that the returns posted on the secretary of state's website are the correct and complete returns. The secretary of state shall adopt by rule a process to allow the chair to submit the affidavit digitally.
SECTION 9.26. Section 173.063, Election Code, is amended to read as follows:
Sec. 173.063. FEE RETAINED BY STATE CHAIR. The state chair shall deposit in the state primary fund each filing fee accompanying an application for a place on the ballot filed with the state chair:
(1) for a federal office;
(1-a) for a statewide office; or
(2) for a district office if the application is filed after the regular filing deadline.
SECTION 9.27. Section 181.0311(a), Election Code, as effective September 1, 2021, is amended to read as follows:
(a) In addition to any other requirements, to be considered for nomination by convention, a candidate must:
(1) pay a filing fee to the secretary of state for a federal, statewide, or district office or the county judge for a county or precinct office; or
(2) submit to the secretary of state for a federal, statewide, or district office or the county judge for a county or precinct office a petition in lieu of a filing fee that satisfies the requirements prescribed by Subsection (e) and Section 141.062.
SECTION 9.28. Section 181.032(a), Election Code, is amended to read as follows:
(a) An application for nomination by a convention must be filed with:
(1) the state chair, for a federal, statewide, or district office; or
(2) the county chair, for a county or precinct office.
SECTION 9.29. Section 181.068(b), Election Code, is amended to read as follows:
(b) Not later than the 20th day after the date of the convention making the nomination, the presiding officer shall deliver the certification to:
(1) the authority responsible for having the official general election ballot prepared in the county, for certification of a county or precinct office; or
(2) the secretary of state, for certification of a federal, statewide, or district office.
SECTION 9.30. Sections 231.008(b) and (c), Election Code, are amended to read as follows:
(b) If the judgment in a contest for an office affects the preparation of the ballot for a succeeding election, the clerk shall deliver a copy to the authority responsible for having the official ballot prepared or, in the case of a federal, statewide, or district office, to the authority responsible for certifying the names of the candidates for placement on the ballot.
(c) If the judgment orders that a new general or special election be held, the clerk shall deliver a copy to the authority responsible for ordering the election. If the judgment orders a new primary election, the clerk shall deliver a copy to the state chair of the appropriate political party, in the case of a federal, statewide, or district office, or to the county chair, in the case of a county or precinct office.
SECTION 9.31. Section 232.013(d), Election Code, is amended to read as follows:
(d) If the contested election is a primary, the district clerk shall deliver a certified copy of the order setting the date of the runoff to the state chair of the political party in the case of a federal, statewide, or district office or to the county chair in the case of a county or precinct office.
SECTION 9.32. Section 232.048(c), Election Code, is amended to read as follows:
(c) The candidate receiving the most votes in a new election ordered by a court in a primary election contest is the political party's nominee, regardless of whether the candidate receives a majority vote, if the date of the final canvass of the court-ordered primary is on or after:
(1) the 85th day before the date of the succeeding general election in the case of a federal, statewide, or district office; or
(2) the 75th day before the date of the succeeding general election in the case of a county or precinct office.
SECTION 9.33. Section 252.005, Election Code, is amended to read as follows:
Sec. 252.005. AUTHORITY WITH WHOM APPOINTMENT FILED: CANDIDATE. An individual must file a campaign treasurer appointment for the individual's own candidacy with:
(1) the commission, if the appointment is made for candidacy for:
(A) a federal office;
(A-1) a statewide office;
(B) a district office filled by voters of more than one county;
(C) a judicial district office filled by voters of only one county;
(D) state senator;
(E) state representative; or
(F) the State Board of Education;
(2) the county clerk, if the appointment is made for candidacy for a county office, a precinct office, or a district office other than one included in Subdivision (1);
(3) the clerk or secretary of the governing body of the political subdivision or, if the political subdivision has no clerk or secretary, with the governing body's presiding officer, if the appointment is made for candidacy for an office of a political subdivision other than a county;
(4) the county clerk if:
(A) the appointment is made for candidacy for an office of a political subdivision other than a county;
(B) the governing body for the political subdivision has not been formed; and
(C) no boundary of the political subdivision crosses a boundary of the county; or
(5) the commission if:
(A) the appointment is made for candidacy for an office of a political subdivision other than a county;
(B) the governing body for the political subdivision has not been formed; and
(C) the political subdivision is situated in more than one county.
Amendment No. 57 - Point of Order
Representative J. Turner raised a point of order against further consideration of Amendment No. 57 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane.
(Speaker in the chair)
The point of order was withdrawn.
Amendment No. 57 was withdrawn.
Amendment No. 58
Representatives Cain and Burrows offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) as follows:
(1) Strike page 44, line 27, through page 45, line 1, and substitute the following:
(1) votes or attempts to vote in an election if [in which] the person knows:
(A) of particular circumstances that make the person [is] not eligible to vote in the election; and
(B) that those circumstances make the person not eligible to vote in the election;
(2) On page 44, line 19, between the words "by" and "adding" insert "amending Section 4 and by".
(3) On page 44, between lines 19 and 20, insert the following:
Sec. 4. The Court of Criminal Appeals [Office of Court Administration of the Texas Judicial System] shall promulgate a standardized felony judgment form that conforms to the requirements of Section 1 of this article. A court entering a felony judgment [judgement] shall use the form promulgated under this section.
(4) Strike page 45, lines 22-27, and substitute the following appropriately numbered SECTION:
SECTION ____. Notwithstanding Section 10.03 of this Act, the change in law made by this Act to Section 64.012(a)(1), Election Code, applies to an offense regardless of whether the offense was committed before, on, or after the effective date of this Act.
Amendment No. 58 was adopted.
Amendment No. 59
Representative Zwiener offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 9 of the bill and renumbering subsequent SECTIONS of ARTICLE 9 accordingly:
SECTION 9.____. Subchapter C, Chapter 18, Election Code, is amended by adding Section 18.0682 to read as follows:
Sec. 18.0682. NOTICE REGARDING POTENTIAL ELIGIBILITY. (a) A court shall provide notice as described by this section to each person convicted of a felony over whom the court has jurisdiction who has:
(1) fully discharged the person's sentence, including any term of incarceration, parole, or supervision, or completed a period of probation ordered by any court; or
(2) been pardoned or otherwise released from the resulting disability to vote.
(b) The court shall provide notice under this section to a person described by Subsection (a) that the person may be eligible to vote.
(c) Notice under this section must be both verbal and written.
(d) Notice under this section may be given through an agent of the court, including a parole officer.
(e) The secretary of state shall adopt rules as necessary to implement this section.
A record vote was requested by Representative C. Turner.
Amendment No. 59 failed of adoption by (Record 54): 37 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Dominguez; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 54 was taken, I was absent. I would have voted yes.
Campos
When Record No. 54 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 54 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 54 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 54 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 60
Representative Rose offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by striking the SECTION of the bill containing the effective date of the Act and substituting the following appropriately numbered SECTION:
SECTION ____. This Act takes effect on the later of:
(1) the date on which the secretary of state submits a study to the legislature that:
(A) provides an analysis of the effects of this Act on voters who vote by mail and voters who may desire to vote by mail, disaggregated by ethnicity, race, and county;
(B) provides an analysis of the potential impact of the changes in law made by this Act on voter turnout based on:
(i) aggregate county-level turnout data; and
(ii) survey data from current population surveys conducted by the United States Census Bureau;
(C) provides an analysis of the potential impact of the changes in law made by this Act on the election-related activities, including voting, of community members who are members of racial and ethnic minority groups;
(D) uses legal and social scientific methods that:
(i) are consistently used in published research journals; and
(ii) have been recognized as reliable in one or more published court opinions; and
(E) is performed by academics employed by a university in this state rated at "tier one" by the Carnegie Classification of Institutions of Higher Education under a contract entered into with the secretary of state; or
(2) the 91st day after the last day of the legislative session.
A record vote was requested by Representative C. Turner.
Amendment No. 60 failed of adoption by (Record 55): 37 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dutton; Fierro; González, J.; González, M.; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Dominguez; Gervin-Hawkins; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 55 was taken, I was absent. I would have voted yes.
Campos
When Record No. 55 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 55 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 55 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 55 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 61
Representative Neave offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by striking page 47, lines 8 and 9, and substituting the following:
SECTION 10.04. Subject to Section 10.05 of this article, this Act takes effect on the 91st day after the last day of the legislative session.
SECTION 10.05. No provision of this Act shall take effect until:
(1) the attorney general institutes an action in the United States District Court for the District of Columbia for a declaratory judgment that the changes in law made by this Act have neither the purpose nor will have the effect of denying or abridging the right to vote on account of race or color or in contravention of the guarantees set forth in 52 U.S.C. Section 10303(f)(2), and that court issues such a judgment; and
(2) the United States attorney general issues a written opinion stating that the changes in law made by this Act have neither the purpose nor will have the effect of denying or abridging the right to vote on account of race or color or in contravention of the guarantees set forth in 52 U.S.C. Section 10303(f)(2).
A record vote was requested by Representative C. Turner.
Amendment No. 61 failed of adoption by (Record 56): 36 Yeas, 80 Nays, 1 Present, not voting.
Yeas — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Nays — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 56 was taken, I was absent. I would have voted yes.
Campos
When Record No. 56 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 56 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 56 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 56 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
Amendment No. 62
Representative Krause offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee report) by adding the following appropriately numbered SECTION to ARTICLE 1 of the bill and renumbering the SECTIONS of that ARTICLE accordingly:
SECTION 1.____. Section 1.012, Election Code, is amended by adding Subsections (c-1), (c-2), and (c-3) to read as follows:
(c-1) Except as provided by Subsections (c-2) and (c-3) and notwithstanding any other law, including Section 66.058, a cast ballot becomes public information under Chapter 552, Government Code, on the 60th day following the date of the election. When responding to a request for public information to which a ballot is responsive, the custodian shall produce a copy of the ballot and may not produce the original ballot.
(c-2) Any information on a ballot subject to a request for public information that could be used to identify an individual is confidential and shall be withheld and redacted from the copy of the ballot.
(c-3) If a ballot cast in a precinct containing five or fewer registered voters on election day is responsive to a request for public information, the governmental body, as that term is defined under Section 552.003, Government Code, that produces the copy of the ballot shall take reasonable measures to ensure that production of the copy does not have the effect of disclosing the ballot selections of any voter in that precinct. Reasonable measures to prevent disclosure of ballot selections under this subsection may include redacting precinct identifying information, modifying the request for public information to include portions of ballots from additional precincts, and aggregating responsive records from multiple precincts.
Amendment No. 62 - Point of Order
Representative Ortega raised a point of order against further consideration of Amendment No. 62 under Rule 11, Section 2, of the House Rules on the grounds that the amendment is not germane. The point of order was withdrawn.
Amendment No. 62 was withdrawn.
Amendment No. 63
Representatives Clardy and Middleton offered the following amendment to CSSB 1:
Amend CSSB 1 (house committee printing) by adding the following appropriately numbered SECTION to ARTICLE 2 of the bill and renumbering subsequent SECTIONS of that ARTICLE accordingly:
SECTION 2.____. Subchapter B, Chapter 87, Election Code, is amended by adding Section 87.028 to read as follows:
Sec. 87.028. ACCESS TO INFORMATION. (a) On request, a county election official shall provide to a member of an early voting ballot board all available information necessary to fulfilling the functions of the board, including any information from the statewide computerized voter registration list under Section 18.061.
(b) On request, a county election official shall provide to a member of a signature verification committee all available information necessary to fulfilling the functions of the committee, including any information from the statewide computerized voter registration list under Section 18.061.
(c) The secretary of state shall adopt rules as necessary to prevent a member of an early voting ballot board or signature verification committee from retaining or sharing personally identifiable information from the statewide computerized voter registration list under Section 18.061 obtained under this section for any reason unrelated to the official's official duties.
Amendment No. 63 was adopted. (Perez recorded voting no.)
A record vote was requested by Representative C. Turner.
CSSB 1, as amended, was passed to third reading by (Record 57): 79 Yeas, 37 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cook; Craddick; Cyrier; Darby; Dean; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Holland; Huberty; Hull; Hunter; Jetton; Kacal; King, K.; King, P.; Klick; Krause; Kuempel; Lambert; Landgraf; Leach; Leman; Lozano; Metcalf; Meyer; Middleton; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Bernal; Bowers; Bucy; Cole; Coleman; Cortez; Davis; Dominguez; Dutton; Fierro; Goodwin; Hernandez; Herrero; Howard; Johnson, A.; Johnson, J.E.; King, T.; Larson; Longoria; Lucio; Moody; Morales, E.; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 57 was taken, I was absent. I would have voted no.
Beckley
When Record No. 57 was taken, I was excused because of personal business. I would have voted no.
Canales
When Record No. 57 was taken, I was absent. I would have voted no.
Crockett
When Record No. 57 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 57 was taken, I was in the house but away from my desk. I would have voted no.
M. González
When Record No. 57 was taken, I was absent. I would have voted no.
Martinez
When Record No. 57 was taken, I was absent. I would have voted no.
Martinez Fischer
When Record No. 57 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 57 was taken, I was absent. I would have voted no.
Muñoz
When Record No. 57 was taken, I was temporarily out of the house chamber. I would have voted no.
Perez
When Record No. 57 was taken, I was absent. I would have voted no.
Rodriguez
When Record No. 57 was taken, I was absent. I would have voted no.
Romero
REASONS FOR VOTE
Representative Beckley submitted the following reason for vote to be printed in the journal:
The Texas House of Representatives currently has no safety protocol or procedures to address the recent surge in the spread of COVID on the house floor and the Capitol buildings in general. Until the issue is addressed and safety measures are put in place to protect members of the Texas Legislature, I will not be present on the floor, but have included my statement on CSSB 1.
CSSB 1 is a restrictive and discriminatory voting bill. There are restrictions on early voting and overnight voting is prohibited entirely, making it harder for those who work long or irregular hours and those with family or child-care responsibilities to vote.
CSSB 1 empowers partisan poll watchers to harass and intimidate voters and makes it harder for election judges to remove watchers from a polling place when necessary, including when those watchers break the law.
The bill removes safeguards for partisan signature verification committees, making it easier to erroneously throw out mail ballots based on personal opinions of a voter's signature, with no required training in handwriting analysis.
CSSB 1 would make it harder than ever to assist voters needing help either at the polls or when filling out a mail ballot.
CSSB 1 creates new restrictions that likely violate the ADA, intrusively requires private information, and criminalizes honest mistakes made by those providing assistance.
CSSB 1 also creates a criminal offense for vote harvesting, which is vaguely defined and could be construed to include any interactions between campaigns and voters.
Due to aforementioned reasons, I would have voted "no."
Representative J. González submitted the following reason for vote to be printed in the journal:
Our nation, and our democracy, was viciously attacked on January 6th by insurrectionists that were emboldened and encouraged by elected officials in Texas. They were inspired by "The Big Lie," a lie perpetuated by the highest officeholders in our state, as well as by my republican colleagues. This insurrection and the inaccurate statements hurled all over national news made their way to Texas' legislative process. And now, republican leaders have codified these egregious lies into Texas law.
During the Regular Session, as Vice-chair of the Elections Committee, I led the fight against misinformation and a suite of attempts to restrict Texans' fair and free right to vote. In the Elections Committee, members heard continuously from community advocacy organizations like NAACP, LULAC, and the Texas Civil Rights Project that these voter suppression bills would likely disparately impact people of color, seniors, and people with disabilities. It was no surprise that throughout the legislative process, we saw women legislators of color being silenced during debate on bills that would further promote republicans' frightful and divisive attacks on the franchise.
SB 1 will give partisan poll watchers unfettered access to the polling site; outlaws drive-thru voting, 24-hour voting, and other strategies to make voting easier; makes it harder to vote by mail; and implements other voter suppression tactics that will create a long-lasting, chilling effect on Texas voters.
History will look back on this bill in disgust and will remember those who voted yea, those who voted nay, those who ended a historic quorum break, and the courageous members that stayed off the house floor and protested the passage of this bill until the very moment votes were recorded. I am proud to have helped organize two historic quorum breaks that effectively stopped this language from becoming law, one lasting 38 days. With confidence, on behalf of the residents of House District 104 and the people of Texas, I express my strong and complete opposition to SB 1. I would have voted "no."
Representative Martinez Fischer submitted the following reason for vote to be printed in the journal:
I have served in the Texas House of Representatives for 20 years. In that time, I have seen bills that are damaging and that cause harm to our state. I've fought against them in the committee room and on the house floor. I've even fought them all the way up to the United States Supreme Court.
The process isn't always perfect. In fact, it rarely is. But in my 20 years of service, rarely have I felt the process was so broken that denying quorum was the only option to defend my constituents. The knowingly deceitful tactics employed in the pursuit of this discriminatory omnibus elections legislation forced our hand.
Legislating to ensure free and fair elections is more foundational than anything we do as a body. Every drafting decision, every amendment, and every floor vote impacts the ability of our constituents to exercise one of their most sacred and cherished rights: the freedom to vote. When the stakes are this high, the process has to reflect that.
CSSB 1 has one purpose: to stop people from voting. More than that, it tries to stop certain people from voting––people that look like me, my family, and my community. I cannot abide by that.
If my colleagues in the majority cared about crafting a sound policy, they would have offered in good faith to negotiate with the minority. Instead, we found ourselves on the receiving end of social media stunts and "Wanted" poster graphics that put a literal target on the backs of black and brown members like me.
If they cared about public input, they would have started taking testimony on the elections bill earlier than nearly 2 a.m. in the morning during the first called special session. They would not have voted immediately after taking hours upon hours of public testimony, denying members the time to reflect on what they had heard.
The quality of our policy reflects the quality of our process. In short, if the majority cared about the process, they would have gone to every length to ensure transparency and good faith engagement with the public and with their colleagues in the minority party. They opted instead for a hasty, sloppy, self-serving process that has left the People's House in a shambles.
I cannot in good conscience be a party to this farce. I remain opposed to CSSB 1 and will continue to work for federal voting rights protections for all Americans.
Representative Muñoz submitted the following reason for vote to be printed in the journal:
The Texas House of Representatives currently has no safety protocols or procedures in place to address the recent surge in the spread of COVID or the delta variants on the house floor or the Capitol buildings. Several positive cases have been confirmed on the floor, yet there is no mask mandate or daily testing required.
I cannot in good conscience support CSSB 1 and have included my statement on CSSB 1 below:
CSSB 1 is a restrictive and discriminatory voting bill. Since my first session in 2011, the Texas Legislature has passed numerous voting restriction bills that have been found to be discriminatory in several federal cases filed challenging such discriminatory intent and purpose. The current bill, CSSB 1, is not necessary and is based on unfounded, toxic, political rhetoric because certain individuals cannot and will not accept the outcome of the election of November 2020. Additionally, the legislative process has been tainted and manipulated in such a way that meaningful and substantive debate on the issues are sidelined because of political affiliation and personal vendettas. Doing so prevents any meaningful debate and/or changes to legislation that could benefit the whole state, not just a select few. Furthermore, the inability to engage in debate, in favor or against, is an affront to the legislative process that so many portray they feel strongly about preserving, just like the institution itself. Today, even freedom of speech by using the word "racism" has also been frowned upon and asked that such a word not be used. Voter intimidation, voter suppression, legislation with a discriminatory impact on minorities, is for all its intended purpose the definition of racism. "Racism" defined, in any form, is "prejudice, discrimination, or antagonism directed against a person or people on the basis of their membership in a particular racial or ethnic group, or the systematic oppression of a racial group to the social, economic, and political advantage of another, typically one that is a minority or marginalized."
There are numerous restrictions on early voting and overnight voting is prohibited entirely, making it harder for those who work long or irregular hours and/or those with family or child-care responsibilities to vote. And no justifiable reason has been given to support such a ban.
CSSB 1 unnecessarily empowers partisan poll watcher(s) to harass and intimidate voters and makes it harder for election judges to remove watchers from a polling place when necessary, including instances when those same poll watchers break the law.
The bill removes safeguards for partisan signature verification committees, making it easier to erroneously throw out mail ballots based on personal opinions of a voter's signature, with no required training.
CSSB 1 would make it harder than ever to assist voters needing help either at the polls or when filling out a mail ballot. Currently there are several protections in state law that prohibit unlawful assistance and safeguard the vote by mail ballot process.
CSSB 1 creates new restrictions that likely violate the ADA, intrusively requires private information, and criminalizes honest mistakes made by those providing assistance.
CSSB 1 also creates criminal offenses related to GOTV programs, which is vaguely defined and could be construed to include any interactions between campaigns and voters.
Unfortunately, the political process and empowering a partisan office that has singled out minorities for prosecution and punishment, in my opinion, does not serve the overall goal of encouraging participation in elections. Such actions only increase voter apathy.
Due to the aforementioned reasons, I would have voted "no."
Representative Ordaz Perez submitted the following reason for vote to be printed in the journal:
When voters speak, our government should listen. What we are seeing here today is a government that doesn't like what its citizens have said, nor the manner in which they said it. My home district in El Paso County was particularly hard-hit by the COVID-19 pandemic. As we saw here in Texas, and throughout the nation, black and Hispanic communities were especially impacted. Among all large counties in the United States with more than 500,000 in population, El Paso County had the second highest infection rate behind Miami-Dade. The death rate was the 10th highest in the United States of all large counties, and El Paso was the only non-East Coast county that experienced such a high death rate.
To put this in perspective, our delegation represents a county that is similar in size to Denton, but saw quadruple the number of deaths. Even though El Paso and Hidalgo Counties have about 20 percent fewer residents than Collin County, these two counties experienced triple the number of deaths respectively. More than 2,700 lives were lost due to this pandemic and our delegation represents many constituents who have lost multiple loved ones to this pandemic since March of last year. So it is no surprise that thousands of responsible Texans in our county, who had not hugged their children and grandchildren for many months, opted to exercise their right to vote in a manner that protected their health and the health of their neighbors.
In my house district, nearly 7,000 voters cast a ballot by mail. Due to the pandemic, many seniors opted to exercise their right to vote by mail. In El Paso County, 28,000 opted to exercise their right to vote by mail––the overwhelming majority of them were seniors aged 65 and older. While Texas republicans have argued that this isn't a partisan issue, the numbers tell a different story. When looking at each party's political base in El Paso County (that is looking at the voters who have voted only in their preferred party's primary) less than 20 percent of eligible republicans aged 65 and older cast a mail-in ballot in 2020, compared with double that number––40 percent––of eligible democrat voters with a history of strictly voting in democrat primaries. Despite the fact that 90 percent of voters have a history of voting in prior elections, which never generated any controversy, what was different about this race? It is simply the manner in which these Texans chose to exercise their right. And for those leading this state government, the thought of more Texans exercising their right to vote is a threat. And rather than encouraging people, including those from their own party to vote, it is much easier to wield the power of the government to make it harder for other Texans to vote. It's un-American, it's contrary to the values of our nation, and it should be contrary to the values of this state.
As a state representative in El Paso, it's difficult to consider this anything other than a direct attack on my constituents. House District 76 has nearly twice the number of people considered low income compared to the state average. We are 92 percent non-Anglo. There are 61,000 people––or about a third of my constituency––that have recently moved, have a disability, or are active or retired military. All of these populations are being targeted by this legislation––making it more difficult to vote by mail, making it more difficult to prove residency, limiting what is considered a disability, cutting the hours the polls are open, and considering a requirement to be at work to not be an impediment to voting. For those leading this state government, the thought of more Texans exercising their right to vote is a threat. And rather than encouraging people––including those from their own party––to vote, it is much easier to wield the power of the government to make it harder for other Texans to vote. The nation––and the world––are watching, and I am truly ashamed of what they are seeing. It's un-American, it's contrary to the values of our nation, and it should be contrary to the values of this state.
POSTPONED BUSINESS
The following resolutions were laid before the house as postponed business:
SJR 2 ON SECOND READING
(Meyer, Metcalf, Burrows, Noble, and Sanford - House Sponsors)
SJR 2, A joint resolution proposing a constitutional amendment authorizing the legislature to provide for the reduction of the amount of a limitation on the total amount of ad valorem taxes that may be imposed for general elementary and secondary public school purposes on the residence homestead of a person who is elderly or disabled to reflect any statutory reduction from the preceding tax year in the maximum compressed rate of the maintenance and operations taxes imposed for those purposes on the homestead.
SJR 2 was read second time earlier today and was postponed until this time.
SJR 2 - REMARKS
REPRESENTATIVE HOWARD: I know that we've had a lot of divisive issues coming before us, but I want to come up here to support this truly bipartisan policy. During the regular session, I filed similar legislation, having spotted this oversight in the 86th, and several members shared my worry that we were repeating the mistake of 2006 compression. I worked with Chairman Huberty on this. At the time, we were told HB 3 did take care of this, but once enacted, we realized it had not. So I filed my bill and SJR in the 87th Regular Session. I cajoled Chairman Meyer for a hearing and, as he knows, kept asking and asking about it, and he finally gave me that hearing.
This body certainly saw the wisdom in making things right with seniors and those with disabilities. Chairman Huberty worked with me to get it onto his HB 3 fix as an amendment that you all supported, but it needed the constitutional amendment for this to work. Eventually, the SJR did get a hearing, where a republican precinct chair from Representative Jetton's and Senator Kolkhorst's district drove up to testify in support. I hope that Mr. and Mrs. Vrshek are watching right now, as Mr. Vrshek has also been tracking this since HB 3's passage. Unfortunately, this language was stripped in the conference committee for HB 1525, and the SJR never got a vote out of Chair Meyer's committee.
I appreciate the leadership in this building resurrecting a good idea and recognizing the mistake in not passing my legislation earlier, but I also hope that political leaders and voters realize that there's plenty of good things to pass that originate from the other side of the aisle. Taking a cue from the Vrsheks, I support this bill, even if it doesn't have my name or party on it, and I would urge the chamber to pass this bill out. Thank you to Chairman Meyer for ushering this important legislation through. I hope we can work together next session on another bipartisan tax break bill––repealing the tampon tax. I support passage.
SJR 2 was adopted by (Record 58): 116 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Allison; Anchia; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Bernal; Biedermann; Bonnen; Bowers; Buckley; Bucy; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cole; Coleman; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Dominguez; Fierro; Frank; Frullo; Gates; Goldman; Goodwin; Harless; Harris; Hefner; Hernandez; Herrero; Hinojosa; Holland; Howard; Huberty; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Lucio; Metcalf; Meyer; Middleton; Moody; Morales, E.; Morrison; Murphy; Murr; Neave; Noble; Oliverson; Ordaz Perez; Ortega; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Rose; Rosenthal; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Talarico; Thompson, E.; Thompson, S.; Tinderholt; Toth; Turner, C.; Turner, J.; VanDeaver; Vasut; Vo; Walle; White; Wilson; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Dutton; Gervin-Hawkins; González, J.; González, M.; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 58 was taken, I was excused because of personal business. I would have voted no.
Canales
When Record No. 58 was taken, I was absent. I would have voted yes.
Gervin-Hawkins
When Record No. 58 was taken, I was in the house but away from my desk. I would have voted yes.
M. González
When Record No. 58 was taken, I was absent. I would have voted yes.
Martinez
When Record No. 58 was taken, I was absent. I would have voted yes.
Martinez Fischer
When Record No. 58 was taken, I was absent. I would have voted yes.
Morales Shaw
When Record No. 58 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
When Record No. 58 was taken, I was absent. I would have voted yes.
Reynolds
When Record No. 58 was taken, I was absent. I would have voted yes.
Rodriguez
When Record No. 58 was taken, I was absent. I would have voted yes.
Romero
GENERAL STATE CALENDAR
(consideration continued)
SB 8 ON SECOND READING
(Meyer - House Sponsor)
SB 8, A bill to be entitled An Act relating to the authority of a person who acquires a residence homestead to receive an ad valorem tax exemption for the homestead in the year in which the property is acquired and to the protection of school districts against the resulting loss in revenue.
SB 8 was passed to third reading. (Perez and Romero recorded voting yes.)
SB 12 ON SECOND READING
(Meyer - House Sponsor)
SB 12, A bill to be entitled An Act relating to the reduction of the amount of a limitation on the total amount of ad valorem taxes that may be imposed by a school district on the residence homestead of an individual who is elderly or disabled to reflect any reduction from the preceding tax year in the district's maximum compressed rate and to the protection of school districts against the resulting loss in local revenue.
Amendment No. 1
Representative Meyer offered the following amendment to SB 12:
Amend SB 12 (house committee printing) on page 7 by striking lines 16 through 18 and substituting the following:
(5) subtracting the amount computed under Subdivision (4) from the amount computed under Subdivision (3); and
Amendment No. 1 was adopted.
REMARKS ORDERED PRINTED
Representative Jetton moved to print remarks by Representative Howard on SJR 2.
The motion prevailed.
SB 12 - (consideration continued)
SB 12, as amended, was passed to third reading. (Perez and Romero recorded voting yes.)
SB 13 ON SECOND READING
(Hunter - House Sponsor)
SB 13, A bill to be entitled An Act relating to dates of certain elections to be held in 2022.
SB 13 - REMARKS
REPRESENTATIVE ANCHIA: In the scheduling bill that you so eloquently laid out, there would be updated timelines depending on when plans were adopted. And these would be congressional plans, State Board of Education plans and, if permitted by the state Constitution, state house, and state senate, district plans. When you were devising these timelines, did you have an opportunity to talk to elections administrators in the large urban counties?
REPRESENTATIVE HUNTER: This is a senate bill that was developed in the senate. I'm the house sponsor, so I relied on the senate. And the senate, I can't speak to who they talked to, but I do know they have visited with the secretary of state. But me, personally? No.
ANCHIA: Thank you for that clarification. The first timeline envisions that plans would be adopted by November 15, 2021, and that the filing period would commence in two weeks and last for two weeks and the primary election day would be March 1, 2022. Do you believe that two weeks is enough time for local election officials, especially in large counties like Dallas, to inform voters, modify precincts, and notify potential candidates of changes caused by redistricting?
HUNTER: The answer is yes, and I have been through this before where this has worked. And since you brought it up, so everybody knows, it would be November 29 to December 13, 2021. But the answer is yes.
ANCHIA: So just to be clear, there would be a two-week filing period. Is that correct?
HUNTER: Approximately. I haven't counted from the 29th to the 13th, but the answer is approximately correct.
ANCHIA: Okay. And can you state the goal of this scheduling bill? What we're trying to achieve here?
HUNTER: Certainly. So the members know, every 10 years you get the census. You go through the redistricting process. This year, the census was delayed. And basically, many of you may not get specific information, RedAppl, until September 1. So you have a different type of situation because the census didn't get produced. What this does is make sure you have a mechanism that you keep your March to May primary runoff without running in the summer. So I want you to remember that, because some of us in here have had to run in a May, June, and July time period. So what the bill does is say if we do things on time, which Chairman Anchia is correct––November 15––primary election stays the same. Primary runoff stays the same. If for some reason we're not able to make that November 15, then we have constructed the plan that if it gets done by December 28, then your filing period is approximately, as Chairman Anchia said, 14 days––January 10 to 24. But if we don't, your primary is April 5 next year and your primary runoff would be June 21 next year. If we don't make that, there is a third basis which is February 7, 2022, if we get it done. The filing period is February 21 through March 7. You primary election is May 24, 2022, and your runoff is July 26, 2022. So yes, sir, this is the framework. And I do agree with the senate that I think it's a good framework to work from, but you are correct. It's contingent on making sure that we do it by these dates.
ANCHIA: Thank you for that answer. And just to say back to you what I think I heard, the purpose of these timelines was to avoid a summer runoff and not necessarily with a view toward the local election itself but really to avoid the summer runoff, correct?
HUNTER: Well, I wouldn't say that's the only reason, but certainly it would be best, I agree with you, to keep the current schedule––the March to May––than changing things, which could cause confusion, into a summertime. But yes.
ANCHIA: And the thought there being that summer runoffs are typically low turnout for elections and that's something that you'd like to avoid.
HUNTER: Absolutely, especially being from the coast because you don't know if a hurricane will come.
REPRESENTATIVE C. TURNER: I want to ask about the timeline, which you described very well. The timeline is triggered by gubernatorial action under this bill. Is that right?
HUNTER: Well, the timeline is when the redistricting bill is signed, of course, by the governor and starts the process.
C. TURNER: Right. I think it specifically says "'becomes law' on the earlier of the date the governor signs an Act of the 87th Legislature relating to the composition of . . . districts or the date on which the time for gubernatorial action . . . expires." Which is, as I recall, a three-week period, is that right? After a bill is sent to the governor, the governor has three weeks to sign it, veto it, or let it become law without his signature. Is that right?
HUNTER: Correct.
C. TURNER: So under the bill, then, if the legislature––the house and the senate––passes redistricting plans and sends them to the governor, say, on November 1, if the governor chose not to act on those bills until after November 15––he would have until November 22, right? A three-week period? If he waited until after November 15, by delaying action on the maps, he would then cause the primary election to be moved back a month. Is that right?
HUNTER: It would trigger into the next time frame, yes.
C. TURNER: So that flexibility there potentially gives the executive and only the executive the ability––if redistricting happened in that time frame that I just described––the ability to adjust the primary schedule based on his action on the bills.
HUNTER: Depending on the execution, it could change you into different time schedules, like you say. My view is, knowing the governor, because I've known him a long time, I don't think he would delay. I think he would want to do this as quickly and effectively as possible.
C. TURNER: Understand. All right, thank you. I just wanted to clarify that.
REMARKS ORDERED PRINTED
Representative C. Turner moved to print all remarks on SB 13.
The motion prevailed.
Amendment No. 1
Representative Hunter offered the following amendment to SB 13:
Amend SB 13 (house committee report) as follows:
(1) On page 3, line 22, strike "A date" and substitute "Except as provided by Subsection (h), a date".
(2) On page 4, between lines 7 and 8, insert the following:
(h) Notwithstanding any other provision of this code, an election for the office of precinct chair held in 2022 shall be held on the same date as the runoff primary election held in 2022 and the precinct chair shall be elected by plurality vote. The secretary of state shall set the dates of the filing period for the election of the precinct chair and shall adjust the schedule for performing any official act relating to an election held under this subsection as necessary for the efficient and orderly administration of the election.
(3) On page 4, line 8, strike "(h)" and substitute "(i)".
HUNTER: We have a mechanical process amendment because you have to do precinct chairs and they have a different type of election. So when we change in our schedules, this sets it up in the statute, in the law, so that they can be elected. I think it's a week after that we have it, but we have to put it in the statute so it is allowed to be done. That's all the amendment does.
Amendment No. 1 was adopted.
A record vote was requested by Representative C. Turner.
SB 13, as amended, was passed to third reading by (Record 59): 91 Yeas, 25 Nays, 1 Present, not voting.
Yeas — Allison; Anderson; Ashby; Bailes; Bell, C.; Bell, K.; Biedermann; Bonnen; Buckley; Burns; Burrows; Button; Cain; Capriglione; Cason; Clardy; Cole; Cook; Cortez; Craddick; Cyrier; Darby; Davis; Dean; Dutton; Fierro; Frank; Frullo; Gates; Goldman; Harless; Harris; Hefner; Herrero; Holland; Huberty; Hull; Hunter; Jetton; Johnson, A.; Johnson, J.E.; Kacal; King, K.; King, P.; King, T.; Klick; Krause; Kuempel; Lambert; Landgraf; Larson; Leach; Leman; Longoria; Lozano; Metcalf; Meyer; Middleton; Morales, E.; Morrison; Murphy; Murr; Noble; Oliverson; Paddie; Parker; Patterson; Paul; Price; Raney; Rogers; Sanford; Schaefer; Schofield; Shaheen; Shine; Slaton; Slawson; Smith; Smithee; Spiller; Stephenson; Stucky; Swanson; Thompson, E.; Tinderholt; Toth; VanDeaver; Vasut; White; Wilson.
Nays — Allen; Anchia; Bernal; Bowers; Bucy; Coleman; Dominguez; Goodwin; Hernandez; Howard; Lucio; Moody; Neave; Ordaz Perez; Ortega; Rose; Rosenthal; Talarico; Thompson, S.; Turner, C.; Turner, J.; Vo; Walle; Wu; Zwiener.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Canales; Geren; Guerra; Guillen; Israel; Minjarez.
Absent — Beckley; Campos; Collier; Crockett; Deshotel; Gervin-Hawkins; González, J.; González, M.; Hinojosa; Johnson, J.D.; Lopez; Martinez; Martinez Fischer; Meza; Morales, C.; Morales Shaw; Muñoz; Perez; Ramos; Raymond; Reynolds; Rodriguez; Romero; Sherman; Thierry.
STATEMENTS OF VOTE
When Record No. 59 was taken, I was excused because of personal business. I would have voted no.
Canales
When Record No. 59 was taken, I was absent. I would have voted no.
Crockett
When Record No. 59 was taken, I was absent. I would have voted no.
Gervin-Hawkins
When Record No. 59 was taken, I was absent. I would have voted no.
Martinez
When Record No. 59 was taken, I was absent. I would have voted no.
Martinez Fischer
When Record No. 59 was taken, I was absent. I would have voted no.
Morales Shaw
When Record No. 59 was taken, I was temporarily out of the house chamber. I would have voted yes.
Perez
When Record No. 59 was taken, I was absent. I would have voted no.
Rodriguez
ADJOURNMENT
Representative Hefner moved that the house adjourn until 11 a.m. tomorrow in memory of the Honorable Wayne Wolfe of Emory.
The motion prevailed.
The house accordingly, at 11:40 p.m., adjourned until 11 a.m. tomorrow.
ADDENDUM
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:
List No. 1
HCR 10 (By Craddick), Congratulating James M. Alsup for receiving the West Texan by Nature Award from the Sibley Nature Center.
To Resolutions Calendars.
HCR 11 (By Craddick), In memory of Katharyn Carterette Bock of New Braunfels.
To Resolutions Calendars.
HR 68 (By Guillen), Congratulating Elva Yolanda Morado on her retirement from the Texas A&M AgriLife Extension Service.
To Resolutions Calendars.
HR 69 (By Rogers), Commending Ted D. Matthews for his service as CEO of Eastland Memorial Hospital.
To Resolutions Calendars.
HR 70 (By Rogers), Commemorating the Eastland Memorial Hospital 2021 annual gala.
To Resolutions Calendars.
HR 71 (By Slaton), Amending the permanent rules of the House of Representatives to require that the back microphone be continuously on at any time the house is in session.
To House Administration.
HR 73 (By K. Bell), Commemorating the 150th anniversary of the First Baptist Church of Kaufman.
To Resolutions Calendars.
HR 74 (By K. Bell), Commemorating the 75th anniversary of the Kaufman Lions Club youth baseball and softball program.
To Resolutions Calendars.
HR 75 (By Price), In memory of Chalys Diane Baker of Amarillo.
To Resolutions Calendars.
HR 76 (By Davis), Congratulating Kenneth Barr on his receipt of the 2021 Drive to Excellence Award from the North Texas Tollway Authority.
To Resolutions Calendars.
HR 77 (By Huberty), Congratulating Chase and Lindsey Barker of Houston on the birth of their son, Chase Austin Barker II.
To Resolutions Calendars.
HR 78 (By Jetton), Commending Loukya Kotla for her service as an intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 79 (By Jetton), Commending Melinda Dae for her service as a legislative intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 80 (By Jetton), Congratulating Goldfish Swim School in Sugar Land on its one-year anniversary.
To Resolutions Calendars.
HR 81 (By Jetton), Commemorating Indian Independence Day on August 15, 2021.
To Resolutions Calendars.
HR 82 (By Jetton), Commending Michael Nguyen on his service as a legislative intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 83 (By Jetton), Commending Menita Thakare on her service as a summer intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 84 (By Jetton), Commending Huy Hoang Nguyen and Ngoc Tram Thi Chu of the Creamery Teahouse and Tram's Teahouse for their cultural and community contributions.
To Resolutions Calendars.
HR 85 (By Jetton), Commending Maria Siddeeque for her service as a legislative intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 86 (By Jetton), Honoring Anya Kureshi for her service as a legislative intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
HR 87 (By Jetton), Congratulating Al and Frances Luna of Rosenberg on their 60th wedding anniversary.
To Resolutions Calendars.
HR 88 (By Cole), In memory of Ada Cecilia Collins Anderson of Austin.
To Resolutions Calendars.
HR 89 (By White), Commending Victoria Denise Herline Engman for her service as an administrative aide in the office of State Representative James White.
To Resolutions Calendars.
HR 90 (By White), Commending Sebastian Quaid for his service as a legislative aide in the office of State Representative James White.
To Resolutions Calendars.
HR 91 (By White), Commending Jordan Parr for his service as legislative director in the office of State Representative James White.
To Resolutions Calendars.
HR 92 (By Huberty), Congratulating William and Sarah Jane Holleman on the birth of their son, James Robert Holleman.
To Resolutions Calendars.
HR 93 (By Huberty), In memory of David Edward Feille of Atascocita.
To Resolutions Calendars.
HR 94 (By Jetton), Commending Jason Zhang for his service as a legislative intern in the office of State Representative Jacey Jetton.
To Resolutions Calendars.
List No. 2
HB 233 (By Huberty), Relating to providing accelerated instruction for public school students who fail to achieve satisfactory performance on certain assessment instruments.
To Public Education.
HR 95 (By Wu), Commending Nikita Munsif for her service as a legislative aide in the office of State Representative Gene Wu.
To Resolutions Calendars.
HR 96 (By Darby and Shine), Amending House Rule 4 Section 9, and Rule 5, Sections 3 and 8.
To House Administration.
APPENDIX
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
August 23
Environmental Regulation - HB 7
Public Health - SB 4
Ways and Means - SB 8, SB 12, SJR 2
August 24
Appropriations - HB 1, HB 5, HB 9, SB 7
Constitutional Rights and Remedies, Select - SB 1
August 25
Constitutional Rights and Remedies, Select - HB 20, SB 6
Public Education - SB 15