S.B. No. 5

	AN ACT
	relating to requiring a voter to present proof of identification;
	providing a criminal penalty and increasing a criminal penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 31, Election Code, is
	amended by adding Section 31.013 to read as follows:
	Sec. 31.013.  MOBILE LOCATIONS FOR OBTAINING
	IDENTIFICATION. (a)  The secretary of state shall establish a
	program using mobile units to provide election identification
	certificates to voters for the purpose of satisfying the
	requirements of Section 63.001(b).  A mobile unit may be used at
	special events or at the request of a constituent group.
	(b)  In establishing the program, the secretary of state
	shall consult with the Department of Public Safety on the creation
	of the program, security relating to the issuance of an election
	identification certificate, best practices in issuing an election
	identification certificate, and equipment required to issue an
	election identification certificate.
	(c)  The secretary of state may not charge a fee to a group
	that requests a mobile unit established under this section.
	(d)  If the secretary of state cannot ensure the required
	security or other necessary elements of the program, the secretary
	of state may deny a request for a mobile unit established under this
	section.
	(e)  The secretary of state shall adopt rules necessary for
	the implementation of this section.
	SECTION 2.  Section 63.001, Election Code, is amended by
	amending Subsections (b), (d), and (e) and adding Subsections (c-1)
	and (i) to read as follows:
	(b)  Except as provided by Subsection (h), on offering to
	vote, a voter must present to an election officer at the polling
	place:
	(1)  one form of photo identification listed in
	[described by] Section 63.0101(a); or
	(2)  one form of identification listed in Section
	63.0101(b) accompanied by the declaration described by Subsection
	(i) [63.0101].
	(c-1)  An election officer may not refuse to accept
	documentation presented to meet the requirements of Subsection (b)
	solely because the address on the documentation does not match the
	address on the list of registered voters.
	(d)  If, as determined under Subsection (c), the voter's name
	is on the precinct list of registered voters and the voter's
	identity can be verified from the documentation presented under
	Subsection (b), the voter shall be accepted for voting. An election
	officer may not question the reasonableness of an impediment sworn
	to by a voter in a declaration described by Subsection (i).
	(e)  On accepting a voter, an election officer shall indicate
	beside the voter's name on the list of registered voters that the
	voter is accepted for voting. If the voter executes a declaration
	of reasonable impediment to meet the requirement for identification
	under Subsection (b), the election officer must affix the voter's
	voter registration number to the declaration either in numeric or
	bar code form.
	(i)  If the requirement for identification prescribed by
	Subsection (b)(1) is not met, an election officer shall notify the
	voter that the voter may be accepted for voting if the voter meets
	the requirement for identification prescribed by Subsection (b)(2)
	and executes a declaration declaring the voter has a reasonable
	impediment to meeting the requirement for identification
	prescribed by Subsection (b)(1). A person is subject to
	prosecution for perjury under Chapter 37, Penal Code, or Section
	63.0013 for a false statement or false information on the
	declaration.  The secretary of state shall prescribe the form of the
	declaration. The form shall include:
	(1)  a notice that a person is subject to prosecution
	for perjury under Chapter 37, Penal Code, or Section 63.0013 for a
	false statement or false information on the declaration;
	(2)  a statement that the voter swears or affirms that
	the information contained in the declaration is true, that the
	person described in the declaration is the same person appearing at
	the polling place to sign the declaration, and that the voter faces
	a reasonable impediment to procuring the identification prescribed
	by Subsection (b)(1);
	(3)  a place for the voter to indicate one of the
	following impediments:
	(A)  lack of transportation;
	(B)  lack of birth certificate or other documents
	needed to obtain the identification prescribed by Subsection
	(b)(1);
	(C)  work schedule;
	(D)  lost or stolen identification;
	(E)  disability or illness;
	(F)  family responsibilities; and
	(G)  the identification prescribed by Subsection
	(b)(1) has been applied for but not received;
	(4)  a place for the voter to sign and date the
	declaration;
	(5)  a place for the election judge to sign and date the
	declaration;
	(6)  a place to note the polling place at which the
	declaration is signed; and
	(7)  a place for the election judge to note which form
	of identification prescribed by Subsection (b)(2) the voter
	presented.
	SECTION 3.  Chapter 63, Election Code, is amended by adding
	Section 63.0013 to read as follows:
	Sec. 63.0013.  FALSE STATEMENT ON DECLARATION OF REASONABLE
	IMPEDIMENT. (a)  A person commits an offense if the person
	intentionally makes a false statement or provides false information
	on a declaration executed under Section 63.001(i).
	(b)  An offense under this section is a state jail felony.
	SECTION 4.  Section 63.004(a), Election Code, is amended to
	read as follows:
	(a)  The secretary of state may prescribe forms that combine
	the poll list, the signature roster, or any other form used in
	connection with the acceptance of voters at polling places with
	each other or with the list of registered voters. The secretary
	shall prescribe any special instructions necessary for using the
	combination forms. The combination forms must include space for an
	election officer to indicate whether a voter executed a declaration
	of reasonable impediment under Section 63.001(i).
	SECTION 5.  Section 63.0101, Election Code, is amended to
	read as follows:
	Sec. 63.0101.  DOCUMENTATION OF PROOF OF IDENTIFICATION.
	(a)  The following documentation is an acceptable form of photo
	identification under this chapter:
	(1)  a driver's license, election identification
	certificate, or personal identification card issued to the person
	by the Department of Public Safety that has not expired or that
	expired no earlier than four years [60 days] before the date of
	presentation;
	(2)  a United States military identification card that
	contains the person's photograph that has not expired or that
	expired no earlier than four years [60 days] before the date of
	presentation;
	(3)  a United States citizenship certificate issued to
	the person that contains the person's photograph;
	(4)  a United States passport book or card issued to the
	person that has not expired or that expired no earlier than four
	years [60 days] before the date of presentation; or
	(5)  a license to carry a handgun issued to the person
	by the Department of Public Safety that has not expired or that
	expired no earlier than four years [60 days] before the date of
	presentation.
	(b)  The following documentation is acceptable as proof of
	identification under this chapter:
	(1)  a government document that shows the name and
	address of the voter, including the voter's voter registration
	certificate;
	(2)  one of the following documents that shows the name
	and address of the voter:
	(A)  a copy of a current utility bill;
	(B)  a bank statement;
	(C)  a government check; or
	(D)  a paycheck; or
	(3)  a certified copy of a domestic birth certificate
	or other document confirming birth that is admissible in a court of
	law and establishes the person's identity.
	(c)  A person 70 years of age or older may use a form of
	identification listed in Subsection (a) that has expired for the
	purposes of voting if the identification is otherwise valid.
	SECTION 6.  Section 63.012(b), Election Code, is amended to
	read as follows:
	(b)  An offense under this section is a Class A [B]
	misdemeanor.
	SECTION 7.  Section 272.011(b), Election Code, is amended to
	read as follows:
	(b)  The secretary of state shall prepare the translation for
	election materials required to be provided in a language other than
	English or Spanish for the following state prescribed voter forms:
	(1)  voter registration application form required by
	Section 13.002;
	(2)  the confirmation form required by Section 15.051;
	(3)  the voting instruction poster required by Section
	62.011;
	(4)  the reasonable impediment declaration required by
	Section 63.001(b);
	(5)  the statement of residence form required by
	Section 63.0011;
	(6) [(5)]  the provisional ballot affidavit required
	by Section 63.011;
	(7) [(6)]  the application for a ballot by mail
	required by Section 84.011;
	(8) [(7)]  the carrier envelope and voting
	instructions required by Section 86.013; and
	(9) [(8)]  any other voter forms that the secretary of
	state identifies as frequently used and for which state resources
	are otherwise available.
	SECTION 8.  Section 521A.001(a), Transportation Code, is
	amended to read as follows:
	(a)  The department shall issue an election identification
	certificate to a person who states that the person is obtaining the
	certificate for the purpose of satisfying Section 63.001(b),
	Election Code, and does not have another form of identification
	described by Section 63.0101(a) [63.0101], Election Code, and:
	(1)  who is a registered voter in this state and
	presents a valid voter registration certificate; or
	(2)  who is eligible for registration under Section
	13.001, Election Code, and submits a registration application to
	the department.
	SECTION 9.  This Act takes effect January 1, 2018.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 5 passed the Senate on
	March 28, 2017, by the following vote:  Yeas 21, Nays 10;
	May 25, 2017, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 26, 2017, House
	granted request of the Senate; May 27, 2017, Senate adopted
	Conference Committee Report by the following vote:  Yeas 21,
	Nays 10.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 5 passed the House, with
	amendments, on May 24, 2017, by the following vote:  Yeas 93,
	Nays 55, two present not voting; May 26, 2017, House granted
	request of the Senate for appointment of Conference Committee;
	May 28, 2017, House adopted Conference Committee Report by the
	following vote:  Yeas 92, Nays 56, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor