STATE OF TEXAS’ JOINT APPENDIX ATTACHMENT 7...The Honorable Joel Baker Constitutional County Court...

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

STATE OF TEXAS, Plaintiff vs. ERIC H. HOLDER, JR., in His Official Capacity as Attorney General of

the United States, Defendant.

Case No. 1:12-CV-00128 (RMC, DST, RLW) Three-Judge Court

STATE OF TEXAS’ JOINT APPENDIX

ATTACHMENT 7

Case 1:12-cv-00128-RMC-DST-RLW Document 207-3 Filed 06/20/12 Page 1 of 103

SPEECHLANGUAGE PATHOLOGYAND AUDIOLOGY STATE BOARD OF

EXAMINERS FOR

Kimberly M Carlisle Plano

Appointment Date January 12 2010

Expiration Date August 31 2015

KerryOrmsonEdD Amarillo



Christopher J Rourk Dallas



STATE EMPLOYEE CHARITABLE CAMPAIGN POLICYCOMMITTEEPeter Paul Flores Austin

Appointment Date June 14 2010

Expiration Date January 1 2012

Louri Marie OL eary Austin



Jason Kevin Patteson Austin



Carol Frost Treadway Austin



SULPHUR RIVER BASIN AUTHORITY BOARD OF DIRECTORS

Borden E Bell Jr Texarkana

Appointment Date September 1 2009

Expiration Date February 1 2015

David Neeley Mount Pleasant



Michael Edward Russell Clarksville

Appointment Date November 2 2010


TEACHER RETIREMENT SYSTEM OF TEXAS BOARD OF TRUSTEES

Todd F Barth Houston

Appointment Date October 16 2009


Tuesday January 25 2011 SENATE JOURNAL 93

TX00002710JA_001212


Christopher S Moss Lufkin

Appointment Date March 15 2010


F Nanette Sissney Whitesboro

Appointment Date October 16 2009


TEXAS STATE TECHNICAL COLLEGE SYSTEM BOARD OF REGENTSPenny Forrest Waco



James Virgil J V Martin Sweetwater



Linda McKenna Harlingen



TEXAS TECH UNIVERSITY SYSTEM BOARD OF REGENTS

Debra Montford San Antonio



TEXAS WOMAN S UNIVERSITY BOARD OF REGENTSMary Wilson Austin



TRINITY RIVER AUTHORITY BOARD OF DIRECTORSWilliam W Bill Collins Jr Fort Worth

Appointment Date December 14 2009

Expiration Date March 15 2015

UNIVERSITY OF HOUSTON SYSTEM BOARD OF REGENTSNandita V Berry Houston

Appointment Date August 31 2009


Tilman Fertitta Houston



Jarvis Vincent Hollingsworth Sugar Land



UNIVERSITY OF NORTH TEXAS SYSTEM BOARD OF REGENTSMichael R Bradford Midland

Appointment Date July 31 2009

Expiration Date May 22 2015

94 82nd Legislature Regular Session 5th Day

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Steve Mitchell Richardson



George B Brint Ryan Dallas



UNIVERSITY OF TEXAS SYSTEM BOARD OF REGENTSRobert Steven Steve Hicks Austin



Brenda Pejovich Dallas



VETERANS COMMISSION TEXASRichard A McLeon IV Victoria


Expiration Date December 31 2011

James Henry Scott San Antonio


Expiration Date December 31 2015

VETERINARY MEDICAL EXAMINERS STATE BOARD OFBud E Alldredge DVM Sweetwater



John Todd Henry DVM Wimberley



Paul Martinez Sonora



YOUTH COMMISSION INDEPENDENT OMBUDSMAN TEXASDebbie Kay Unruh Austin



YOUTH COMMISSION TEXASJoseph D Brown Sherman


Expiration Date September 1 2011

Larry Carroll Midland




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Scott W Fisher Bedford



Manson B Johnson Houston



J Rolando Olvera Jr Brownsville



Toni Sykora San Antonio

Appointment Date March 10 2010


David D Teuscher MD Beaumont



Respectfully submitted

sRick Perry

Governor

January 21 2011

Austin Texas

TO THE SENATE OF THE EIGHTY SECOND LEGISLATURE REGULARSESSION

I ask the advice consent and confirmation of the Senate with respect to the

following appointments

To be Judge of the 43rd Judicial District Court Parker County for a term until

the next General Election and until his successor shall be duly elected and qualified

Trey Edward Loftin

Aledo Texas

Mr Loftin is replacing Judge Don Chrestman who resigned

To be Judge of the 431st Judicial District Court Denton County pursuant to HB4833 81st Legislature Regular Session for a term until the next General Election and

until his successor shall be duly elected and qualified

Jonathan M Bailey

Highland Village Texas

Respectfully submitted

sRick Perry

Governor


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MESSAGES FROM THE SUPREME COURT OF TEXAS

The following Messages from the Supreme Court of Texas were read and were

referred to the Committee on Nominations

The Supreme Court of Texas

July 2 2009

The Honorable David Dewhurst

Lieutenant Governor of Texas

Capitol Station

P O Box 12068

Austin Texas 78711

Dear Lieutenant Governor Dewhurst

Since adjournment of the 81st Texas Legislature the Supreme Court of Texas has

made the following appointments to the State Bar of Texas Board of Directors which

require the advice and consent of the Senate

Annette Raggette Austin Texas

Timothy D Belton Bellaire Texas

Ms Raggette was appointed on June 2 2009 to a term of three years which will

expire on June 30 2012 Ms Raggette replaces Robert Kyker whose term expired

June 30 2009

Mr Belton was appointed June 22 2009 to a term of three years which will

expire on June 30 2012 Mr Belton replaces Curtis Flowers whose term expired June

30 2009

The Supreme Court of Texas requests the consent and confirmation of the Senate

for each of these appointments

Sincerely

sNathan L Hecht

Senior Justice

The Supreme Court of Texas

January 10 2011

The Honorable David Dewhurst

Lieutenant Governor of Texas

Capitol Station

P O Box 12068

Austin Texas 78711

Dear Lieutenant Governor Dewhurst

Since adjournment of the 81st Texas Legislature the Supreme Court of Texas has

made the following appointments all of which require the advice and consent of the

Senate

State Commission on Judicial Conduct

The Honorable Joel Baker

Constitutional County Court Judge Smith County

Tyler Texas


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The Honorable Edward J Spillane III

Municipal Court Judge Brazos County

College Station Texas

The Honorable Steven L Seider

Justice of the Peace Dallas County

Dallas Texas

The Honorable M Sue Kurita

County Court at Law Judge El Paso County

El Paso Texas

Judge Joel Baker was appointed on July 14 2009 to fulfill the unexpired term of

Judge Ernie Houdashell which will expire November 19 2011

Judge Edward J Spillane was appointed on December 7 2009 to a term of six

years which will expire November 19 2015 Judge Spillane succeeds Judge Monica

Gonzalez

Judge Steven L Seider was appointed on February 25 2010 to a term of six

years which will expire on November 19 2015 Judge Seider succeeds Judge Tom

Lawrence

Judge M Sue Kurita was appointed on August 16 2010 to a term of six years

which will expire November 19 2015 Judge Kurita succeeds Judge Michael Fields

Board of Directors of the State Bar of Texas

Ms Becky Baskin Ferguson

Midland Texas

Ms Virginia Campbell

Fort Worth Texas

Ms Ferguson was appointed on May 26 2010 to a term of three years which

will expire on June 30 2013 Ms Ferguson succeeds Samuel B Lovelady

Ms Campbell was appointed on May 26 2010 to a term of three years which

will expire on June 30 2013 Ms Campbell succeeds Deborah Ruth Gagliardi

Employees Retirement System of Texas Board of Trustees

Mr Ira Craig Hester

Austin Texas

Mr Hester was reappointed on August 31 2010 to a term of six years which will

expire on August 31 2016

The Court respectfully requests the consent and confirmation of the Senate for

each of the above listed appointments

Sincerely

sWallace B Jefferson

Chief Justice


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COMMITTEE OF THE WHOLE SENATE

On motion of Senator Duncan and by unanimous consent the Senate at

12 38ip m resolved into a Committee of the Whole Senate to consider SBi14 with

Senator Duncan presiding

IN LEGISLATIVE SESSION

The President called the Senate to order at 920 pm as In Legislative Session

COMMITTEE OF THE WHOLE SENATE REPORT

Senator Duncan was recognized and reported that the Committee of the Whole

Senate had met and reported SBi14 to the Senate with the recommendation that it do

pass and be printed

MOTION IN WRITING

Senator Fraser offered the following Motion In Writing

Mr President

I move that SBi14 relating to voter identification requirements be made a

special order for 920 pmWednesday January 26 2011 and thereafter until disposed

of on second and third readings

FRASER

The Motion In Writing prevailed by the following vote iiYeasi19 Naysi12

YeasiiBirdwell Carona Deuell Duncan Eltife Estes Fraser Harris Hegar

Huffman Jackson Nelson Nichols Ogden Patrick Seliger Shapiro Wentworth

Williams

Nays iiDavis Ellis Gallegos Hinojosa Lucio Rodriguez Uresti VanideiPutte

Watson West Whitmire Zaffirini

COAUTHOR OF SENATE BILL 18

On motion of Senator Estes Senator Patrick will be shown as Coauthor of

SBi18

COAUTHORS OF SENATEJOINT RESOLUTION 1

On motion of Senator Ogden Senators Eltife and Patrick will be shown as

Coauthors of SJRi1

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate

Memorial Resolution

SRi89iby VanideiPutte iIn memory of Wesley J Rice of San Antonio

Congratulatory Resolutions

SRi48iby Harris and Davis iCongratulating the Texas Rangers on winning the

American League Championship and advancing to the World Series

SRi83iby Williams Shapiro and Whitmire iRecognizing the Jewish Federation of

Greater Houston on the occasion of its 75th anniversary


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SRi86iby Lucio iRecognizing Juan de Dios Garcia for his accomplishments as the

boys soccer coach at Hanna High School in Brownsville

SRi88iby VanideiPutte iRecognizing John Wesley Boldt for his contributions to the

field of medicine

Official Designation Resolutions

SRi81iby Harris and Davis iCelebrating January 26 2011 as Arlington to Austin

Day

SRi82iby Zaffirini iRecognizing January 26 2011 as Laredo Legislative Day at the

Capitol

RECESS

On motion of Senator Whitmire the Senate at 923ipm recessed until

1100ia mtomorrow

AAAPPENDIXAA

RESOLUTIONS ENROLLED

January 24 2011

SRi29 SRi31 SRi39 SRi40 SRi41 SRi42 SRi43 SRi44 SRi45 SRi46 SRi47



SRi76 SRi77 SRi78 SRi79 SRi80


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In Memory

of

Joe Limon Avila

Senate Resolution 55

WHEREAS The Senate of the State of Texas joins the citizens of

Austin in mourning the loss of business owner Joe Limon Avila who died

January 9 2011 at the age of 81 and

WHEREAS Joe Avila was born in Austin April 14 1929 he proudly

served his country in the United States Army during the Korean War and

received a Purple Heart and

WHEREAS He dedicated his life to his childhood dream of becoming a

restaurant owner he believed and proved that anything is possible if you

work hard and persevere Joe s Bakery and Coffee Shop was the fulfillment

of his dream and

WHEREAS He also believed strongly in giving back to the community

and he always remembered the neighborhood from which he came he loved

to make people laugh and delighted in playing jokes and

WHEREAS The way he lived his life and his devout faithplayed a vital

role in the way he raised his daughters whom he inspired to accept both the

joys and hardships of life he leaves a legacy of service and accomplishments

that will be long remembered by all who knew himand

WHEREAS He was a devoted husband to his wife of 56 years Pauline

and a loving father and grandfather and he leaves behind memories that will

be treasured forever by his family and many friends now therefore be it

RESOLVED That the Senate of the State of Texas 82nd Legislature

hereby pay tribute to the life of Joe Limon Avila and extend sincere

condolences to his bereaved familyand be it further

RESOLVED That a copy of this Resolution be prepared for his family

as an expression of deepest sympathy from the Texas Senate and that when

the Senate adjourns this day it do so in memory of Joe Limon Avila

WATSON


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TX00002719JA_001221


By: Fraser, et al. S.B. No. 14

(In the Senate - Filed January 12, 2011; January 24, 2011,

read first time and referred to Committee of the Whole Senate;

January 25, 2011, reported favorably by the following vote:

Yeas 20, Nays 12; January 25, 2011, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to requirements to vote, including presenting proof of

identification; providing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 15, Election Code, is

amended by adding Section 15.005 to read as follows:

Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS.

(a) The voter registrar of each county shall provide notice of the

identification requirements for voting prescribed by Chapter 63 and

a detailed description of those requirements with each voter

registration certificate issued under Section 13.142 or renewal

registration certificate issued under Section 14.001.

(b) The secretary of state shall prescribe the wording of

the notice to be included on the certificate under this section.

SECTION 2. Subsection (a), Section 15.022, Election Code,

is amended to read as follows:

(a) The registrar shall make the appropriate corrections in

the registration records, including, if necessary, deleting a

voter's name from the suspense list:

(1) after receipt of a notice of a change in

registration information under Section 15.021;

(2) after receipt of a voter's reply to a notice of

investigation given under Section 16.033;

(3) after receipt of a registration omissions list and

any affidavits executed under Section 63.006 [63.007], following an

election;

(4) after receipt of a voter's statement of residence

executed under Section 63.0011;

(5) before the effective date of the abolishment of a

county election precinct or a change in its boundary;

(6) after receipt of United States Postal Service

information indicating an address reclassification;

(7) after receipt of a voter's response under Section

15.053; or

(8) after receipt of a registration application or

change of address under Chapter 20.

SECTION 3. Subchapter A, Chapter 31, Election Code, is


Sec. 31.012. VOTER IDENTIFICATION EDUCATION. (a) The

secretary of state and the voter registrar of each county that

maintains a website shall provide notice of the identification

requirements for voting prescribed by Chapter 63 on each entity's

respective website. The secretary of state shall prescribe the

wording of the notice to be included on the websites.

(b) The secretary of state shall conduct a statewide effort

to educate voters regarding the identification requirements for

voting prescribed by Chapter 63.

JA_001222


SECTION 4. Section 32.111, Election Code, is amended by

adding Subsection (c) to read as follows:

(c) The training standards adopted under Subsection (a)

must include provisions on the acceptance and handling of the

identification presented by a voter to an election officer under

Section 63.001.



(a) The county clerk shall provide one or more sessions of

training using the standardized training program and materials

developed and provided by the secretary of state under Section

32.111 for the election judges and clerks appointed to serve in

elections ordered by the governor or a county authority. Each

election judge shall complete the training program. Each election

clerk shall complete the part of the training program relating to

the acceptance and handling of the identification presented by a

voter to an election officer under Section 63.001.

SECTION 6. Chapter 62, Election Code, is amended by adding

Section 62.016 to read as follows:

Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE

POLLING PLACES. The presiding judge shall post in a prominent place

on the outside of each polling location a list of the acceptable

forms of identification. The notice and list must be printed using

a font that is at least 24-point.

SECTION 7. Section 63.001, Election Code, is amended by

amending Subsections (b), (c), (d), and (f) and adding Subsections

(g) and (h) to read as follows:

(b) Except as provided by Subsection (h), on [On] offering

to vote, a voter must present to an election officer at the polling

place one form of identification listed in Section 63.0101 [the

voter's voter registration certificate to an election officer at

the polling place].

(c) On presentation of the documentation required by

Subsection (b) [a registration certificate], an election officer

shall determine whether the voter's name on the documentation

[registration certificate] is on the list of registered voters for

the precinct.

(d) If 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.

(f) After determining whether to accept a voter, an election

officer shall return the voter's documentation [registration

certificate] to the voter.

(g) If the requirements for identification prescribed by

Subsection (b) are not met, the voter may be accepted for

provisional voting only under Section 63.011. For a voter who is

not accepted for voting under this section, an election officer

shall:

(1) inform the voter of the voter's right to cast a

provisional ballot under Section 63.011; and

(2) provide the voter with written information, in a

form prescribed by the secretary of state, that:

(A) lists the requirements for identification;

(B) states the procedure for presenting

identification under Section 65.0541;

(C) includes a map showing the location where

JA_001223


identification must be presented; and

(D) includes notice that even if all procedures

are followed, there is no guarantee that a provisional ballot will

be accepted.

(h) The requirements for identification prescribed by

Subsection (b) do not apply to a voter who:

(1) presents the voter's voter registration

certificate on offering to vote; and

(2) was 70 years of age or older on January 1, 2012, as

indicated by the date of birth on the voter's voter registration

certificate.



(a) Before a voter may be accepted for voting, an election

officer shall ask the voter if the voter's residence address on the

precinct list of registered voters is current and whether the voter

has changed residence within the county. If the voter's address is

omitted from the precinct list under Section 18.005(c), the officer

shall ask the voter if the voter's residence, if [as] listed, on

identification presented by the voter under Section 63.001(b) [the

voter's voter registration certificate] is current and whether the

voter has changed residence within the county.

SECTION 9. Chapter 63, Election Code, is amended by adding

Section 63.0012 to read as follows:

Sec. 63.0012. NOTICE OF IDENTIFICATION REQUIREMENTS TO

CERTAIN VOTERS. (a) An election officer shall distribute written

notice of the identification that will be required to vote in

elections held after January 1, 2012, and information on obtaining

identification without a fee under Section 521.422, Transportation

Code, to each voter who, when offering to vote, presents a form of

identification that will not be sufficient for acceptance as a

voter under this chapter beginning with those elections.

(b) The secretary of state shall prescribe the wording of

the notice and establish guidelines for distributing the notice.

(c) This section expires September 1, 2013.

SECTION 10. Section 63.006, Election Code, is amended to

read as follows:

Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [CORRECT

CERTIFICATE] WHO IS NOT ON LIST. (a) A voter who, when offering to

vote, presents the documentation required under Section 63.001(b)

[a voter registration certificate indicating that the voter is

currently registered in the precinct in which the voter is offering

to vote], but whose name is not on the precinct list of registered

voters, shall be accepted for voting if the voter also presents a

voter registration certificate indicating that the voter is

currently registered:

(1) in the precinct in which the voter is offering to

vote; or

(2) in a different precinct from the one in which the

voter is offering to vote and the voter executes an affidavit

stating that the voter:

(A)(i) is a resident of the precinct in which the

voter is offering to vote or is otherwise entitled by law to vote in

that precinct; or

(ii) was a resident of the precinct in which

the voter is offering to vote at the time the information on the

voter's residence address was last provided to the voter registrar;

JA_001224


(B) did not deliberately provide false

information to secure registration in a precinct in which the voter

does not reside; and

(C) is voting only once in the election.

(b) After the voter is accepted, an election officer shall:

(1) indicate beside the voter's name on the poll list

that the voter was accepted under this section; and

(2) if applicable, enter on the registration omissions

list the precinct of the voter's registration as indicated by the

voter's registration certificate.


read as follows:

Sec. 63.009. VOTER WITHOUT CERTIFICATE WHO IS NOT ON LIST.

A [(a) Except as provided by Subsection (b), a] voter who does not

present a voter registration certificate when offering to vote, and

whose name is not on the list of registered voters for the precinct

in which the voter is offering to vote, shall be accepted for

provisional voting if the voter executes an affidavit in accordance

with Section 63.011.

[(b) If an election officer can determine from the voter

registrar that the person is a registered voter of the county and

the person presents proof of identification, the affidavits

required by Sections 63.007 and 63.008 are substituted for the

affidavit required by Section 63.011 in complying with that

section. After the voter is accepted under this subsection, an

election officer shall also indicate beside the voter's name on the

poll list that the voter was accepted under this section.]


read as follows:

Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.

The following documentation is an acceptable form [as proof] of

photo identification under this chapter:

(1) a driver's license or personal identification card

issued to the person by the Department of Public Safety that has not

[or a similar document issued to the person by an agency of another

state, regardless of whether the license or card has] expired;

(2) a United States military identification card that

contains the person's photograph that has not expired [form of

identification containing the person's photograph that establishes

the person's identity];

(3) a [birth certificate or other document confirming

birth that is admissible in a court of law and establishes the

person's identity;

[(4)] United States citizenship certificate [papers]

issued to the person that contains the person's photograph; or

(4) [(5)] a United States passport issued to the

person that has not expired[;

[(6) official mail addressed to the person by name

from a governmental entity;

[(7) a copy of a current utility bill, bank statement,

government check, paycheck, or other government document that shows

the name and address of the voter; or

[(8) any other form of identification prescribed by

the secretary of state].

SECTION 13. Subsections (a) and (b), Section 63.011,

Election Code, are amended to read as follows:

(a) A person to whom Section 63.001(g) [63.008(b)] or 63.009

JA_001225


[63.009(a)] applies may cast a provisional ballot if the person

executes an affidavit stating that the person:

(1) is a registered voter in the precinct in which the

person seeks to vote; and

(2) is eligible to vote in the election.

(b) A form for an affidavit required by this section shall

be printed on an envelope in which the provisional ballot voted by

the person may be placed and must include a space for entering the

identification number of the provisional ballot voted by the person

and a space for an election officer to indicate whether the person

presented a form of identification described by Section 63.0101.

The affidavit form may include space for disclosure of any

necessary information to enable the person to register to vote

under Chapter 13. The secretary of state shall prescribe the form

of the affidavit under this section.

SECTION 14. Subsection (b), Section 64.012, Election Code,


(b) An offense under this section is a felony of the second

[third] degree unless the person is convicted of an attempt. In

that case, the offense is a state jail felony [Class A misdemeanor].

SECTION 15. Subsection (b), Section 65.054, Election Code,


(b) A provisional ballot shall [may] be accepted [only] if

the board determines that, from the information in the affidavit or

contained in public records, the person is eligible to vote in the

election and has not previously voted in that election and the

person meets the identification requirements of Section 63.001(b)

in the period prescribed under Section 65.0541.

SECTION 16. Subchapter B, Chapter 65, Election Code, is


Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN

PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional

voting under Section 63.011 because the voter does not meet the

identification requirements of Section 63.001(b) may, not later

than the sixth day after the date of the election, present proof of

identification to the voter registrar for examination by the early

voting ballot board.

(b) The secretary of state shall prescribe procedures as

necessary to implement this section.


read as follows:

Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4

must contain:

(1) the precinct list of registered voters;

(2) the registration correction list;

(3) the registration omissions list;

(4) any statements of residence executed under Section

63.0011; and

(5) any affidavits executed under Section 63.006

[63.007] or 63.011.

SECTION 18. Section 521.422, Transportation Code, is

amended by amending Subsection (a) and adding Subsection (d) to

read as follows:

(a) Except as provided by Subsection (d), the [The] fee for

a personal identification certificate is:

(1) $15 for a person under 60 years of age;

(2) $5 for a person 60 years of age or older; and

JA_001226


(3) $20 for a person subject to the registration

requirements under Chapter 62, Code of Criminal Procedure.

(d) The department may not collect a fee for a personal

identification certificate issued to a person who states that the

person is obtaining the personal identification certificate for the

purpose of satisfying Section 63.001(b), 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 19. Effective January 1, 2012, Sections 63.007 and

63.008, Election Code, are repealed.

SECTION 20. As soon as practicable after the effective date

of this section:

(1) the secretary of state shall adopt the training

standards and develop the training materials required to implement

the change in law made by this Act to Section 32.111, Election Code;

and

(2) the county clerk of each county shall provide a

session of training under Section 32.114, Election Code, using the

standards adopted and materials developed to implement the change

in law made by this Act to Section 32.111, Election Code.

SECTION 21. The change in law made by this Act applies only

to an offense committed on or after January 1, 2012. An offense

committed before January 1, 2012, is covered by the law in effect

when the offense was committed, and the former law is continued in

effect for that purpose. For purposes of this section, an offense

is committed before January 1, 2012, if any element of the offense

occurs before that date.

SECTION 22. State funds disbursed under Chapter 19,

Election Code, for the purpose of defraying expenses of the voter

registrar's office in connection with voter registration may also

be used for additional expenses related to coordinating voter

registration drives or other activities designed to expand voter

registration. This section expires January 1, 2013.

SECTION 23. (a) Except as provided by Subsection (b) of

this section, this Act takes effect January 1, 2012.

(b) The changes in law made by Sections 1, 3, 4, 5, 9, 20,

and 22 of this Act take effect September 1, 2011.

* * * * *

JA_001227


SENATE JOURNALEIGHTY SECOND LEGISLATURE REGULAR SESSION

AUSTIN TEXAS

PROCEEDINGS

FIFTH DAYContinued

Wednesday January 26 2011

AFTER RECESS

The Senate met at 11 10 am and was called to order by President Pro Tempore

Ogden

Rabbi Brian Strauss Congregation Beth Yeshurun Houston offered the

invocation as follows

Almighty God and universal father over all of mankind we are

gathered here to deliberate and make difficult decisions concerning the

welfare of our fellow Texans As we begin we beseech Your divine

assistance and we pray that You cast the rays of Your divine guidance upon

all assembled here our Lieutenant Governor Senators and all others who

sacrifice every day to make Texas a better place Help us O Lord to give a

full measure of devotion with sincerity and honesty to those

problemspolitical social and economic which continue to knock upon the

doors of humanity Enable us to reflect and to discuss the matters before us

in a spirit of wisdom intelligence and in the light of Your eternal truth Webeseech You eternal God to help us concentrate our efforts toward the

eradication of hatred prejudice selfishness poverty and all forms of

human suffering O Lord may goodwill and peace belong to all and one

day may the people of this great state proclaim in unison All people are

deserving of our help as we are all created in the image of God To this let

us say Amen

SENATE RESOLUTION 74

Senator Nelson offered the following resolution

SRi74 Proclaiming January 2011 Communities In Schools Month and

Januaryi26 2011 Communities In Schools Day at the State Capitol

The resolution was again read

The resolution was previously adopted on Monday Januaryi24 2011

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate Gary Henderson

Sandy Chavarria and a Communities In Schools delegation

The Senate welcomed its guests

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Senator Harris offered the following resolution

WHEREAS The Senate of the State of Texas is pleased to recognize the 2010

American League champion Texas Rangers on the occasion of the first World Series

appearance in franchise history and

WHEREAS Originally based in the nation s capital and known as the

Washington Senators the franchise moved to Arlington after the 1971 season and

began its history as the Texas Rangers through the years the Rangers have appeared

in the playoffs three times prior to the 2010 season and

WHEREAS On August 12 2010 Major League Baseball unanimously

approved the sale of the Texas Rangers from Thomas O Hicks to the group known as

Rangers Baseball Express led by Chuck Greenberg and Nolan Ryan and

WHEREAS The 2010 Rangers became the first team in franchise history to win

a playoff series when they defeated the Tampa Bay Rays three games to two in the

American League Division Series they went on to avenge three previous playoff

series losses to the New York Yankees by defeating them in six games in the

American League Championship Series to advance to the World Series and

WHEREAS These skilled athletes have demonstrated great talent enthusiasm

and perseverance throughout the year overcoming a slow start they ended the regular

season with a record of 90 72 winning the American League West Division team

members can take great pride in their outstanding performance and

WHEREAS Under the superior leadership and expertise of manager Ron

Washington and the entire front office the Rangers have developed exceptional

teamwork and discipline and have laid the foundation for continued success in the

years to come and

WHEREAS The citizens of Arlington and the Dallas Fort Worth Metroplex and

Texans across the state are proud of the Rangers for their hard work their impressive

skills and their fine sportsmanship now therefore be it

RESOLVED That the Senate of the State of Texas 82nd Legislature hereby

commend the Texas Rangers on their exceptional season and extend to them

congratulations on winning the American League championship and advancing to the

World Series and be it further

RESOLVED That a copy of this Resolution be prepared for the team as an

expression of high regard from the Texas Senate

HARRIS

DAVIS

President in Chair

SR 48 was again read

The resolution was previously adopted on Tuesday Januaryi25 2011

104 82nd Legislature Regular Session 5th Day Cont

TX00002721JA_001229


GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate Nolan Ryan and

Chuck Greenberg co owners of the Texas Rangers as well as Ron Washington

manager


GUESTS PRESENTED

Senator Zaffirini joined by Senator Watson was recognized and introduced to

the Senate the Girls School of Austin fourth grade class including Sophia Martinez

and teacher Rachael Lee


PHYSICIAN OF THE DAY

Senator Davis was recognized and presented Dr Joane Baumer of Fort Worth as

the Physician of the Day

The Senate welcomed Dr Baumer and thanked her for her participation in the

Physician of the Day program sponsored by the Texas Academy of Family

Physicians

SENATE RESOLUTION 2

Senator Ogden offered the following resolution

SRi2 Congratulating members of the TALL XII class for their selection as

participants

The resolution was read and was adopted without objection

GUESTS PRESENTED

Senator Ogden was recognized and introduced to the Senate Dr Jim

Mazurkiewicz Leadership Program Director and Professor Texas Agrilife Extension

Service and members of the TALL XII class


GUEST PRESENTED

Senator Gallegos was recognized and introduced to the Senate Sylvia Garcia

President of the National Association of Latino Elected Officials

The Senate welcomed its guest


Senator Williams offered the following resolution

WHEREAS The Senate of the State of Texas is pleased to recognize the Jewish

Federation of Greater Houston on the occasion of its 75th anniversary and

WHEREAS The Jewish Federation of Greater Houston was founded in 1936 as

the Jewish Community Council to support Jewish causes and to further social services

and philanthropic works locally nationally and around the world its mission is to

preserve and enrich Jewish communal life through innovative and visionary

leadership that is responsive and responsible to Jewish communities everywhere and

Wednesday January 26 2011 SENATE JOURNAL 105

TX00002722JA_001230


WHEREAS The federation has for 75 years worked to give voice to the Jewish

community and to ensure that the basic necessities of life are provided for its most

vulnerable members including those who are poor elderly or disabled and

WHEREAS Jewish tradition calls on each individual to contribute to the

well being of the less fortunate and the federation has diligently worked to help the

members of the Houston Jewish community fulfill this charge along with its partners

it provides numerous volunteer opportunities for people of all ages and

WHEREAS This exemplary organization honors another central tenet of Jewish

tradition by engaging young people and inspiring their connection to the community

so that teachings may be passed from one generation to the next it is truly deserving

of recognition for its many contributions to the Houston community now therefore

be it


commend the Jewish Federation of Greater Houston on its legacy of philanthropy and

support and extend to its members best wishes for a memorable 75th anniversary andbe it further

RESOLVED That a copy of this Resolution be prepared for the federation as an

expression of high regard from the Texas Senate

WILLIAMSSHAPIROWHITMIRE


On motion of Senator Huffman and by unanimous consent the names of the

Lieutenant Governor and Senators were added to the resolution as signers thereof

The resolution was previously adopted on Tuesday January 25 2011

GUESTS PRESENTED

Senator Williams was recognized and introduced to the Senate Jewish Federation

of Greater Houston members Steven Finkelman Leonard Goldstein Rob Shoss Lee

Wunsch and Lisa Yoram


GUESTS PRESENTED

Senator Watson was recognized and introduced to the Senate a fourth grade class

from Hyde Park Baptist Schools and teachers Peggy Buckmeyer and Claudia

Bernard



Senator Harris offered the following resolution

SRi81 Celebrating January 26 2011 as Arlington to Austin Day

HARRISDAVIS




TX00002723JA_001231


GUESTS PRESENTED

Senator Harris joined by Senator Davis was recognized and introduced to the

Senate members of the Arlington Chamber of Commerce iiEarl Harcrow Foundation

Chair Robert Cluck Mayor Jerry McCullough Arlington ISD Superintendent and

Wes Jurey President



Senator Nelson offered the following resolution

SRi73 Recognizing January 23 through January 29 2011 as Texas Nurse

Anesthetists Week


The resolution was previously adopted on Monday January 24 2011

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate the Texas

Association of Nurse Anesthetists delegation



Senator Zaffirini offered the following resolution

WHEREAS The Senate of the State of Texas is pleased to honor the City of

Laredo and its delegation and to recognize January 26 2011 as Laredo Legislative

Day at the Capitol and

WHEREAS Laredo truly a gem along the Rio Grande was established in 1755

by Don Tomas Sanchez and its history offers a compelling tale as the town was

forged by Spaniards Indians Mexicans Texans and Americans a dynamic bilingual

and bicultural community it is a true Texas city proud of its Mexican roots making it

a unique city under seven flags that daily celebrates its dual historical and cultural ties

and

WHEREAS Situated on the banks of the Rio Grande Laredo is now the

10th largest city in Texas and the largest inland port on the southern United States

border it is one of the top four portsofcommerce in the nation and in 2010 the city

handled 40 percent of all overland trade between the United States and Mexico and

WHEREAS Education plays a vital role in the life of Laredo where three

institutes of higher learning have almost 110 years of combined experience Laredo

Community College first established in 1947 on the 100year old grounds of the

historic Fort McIntosh boasts two campuses to better serve the entire city TexasAM International University has been educating local Laredo leaders for the last 40

years and the Laredo Extension Campus of The University of Texas Health Science

Center at San Antonio thrives with students who benefit from new interlocal

agreements that give medical students practical experience now therefore be it


extend best wishes for a celebratory Laredo Legislative Day at the Capitol and be it

further


TX00002724JA_001232


RESOLVED That a copy of this Resolution be prepared for the citizens of

Laredo as a memento of this occasion



GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate Raul Salinas

Mayor of the City of Laredo Nora Rivera Mayor of the City of Rio Bravo and

Laredo City Councilmembers iiCindy Liendo Espinoza Juan Narvaez Alejandro

Perez Jr Esteban Rangel and Charlie San Miguel



Senator Ogden offered the following resolution

SRi90 Recognizing Lisa Benford on the occasion of her retirement from the

Texas Legislative Council

The resolution was read and was adopted without objection

GUEST PRESENTED

Senator Ogden was recognized and introduced to the Senate Lisa Benford and

congratulated her on her retirement from the Texas Legislative Council

The Senate welcomed its guest

GUESTS PRESENTED

Senator Birdwell was recognized and introduced to the Senate members of

Leadership Farm Bureau


GUESTS PRESENTED

Senator Zaffirini was recognized and introduced to the Senate members of the

Texas Farm Bureau Atascosa CountyiiLloyd House Raymond Meyer Martin

Krueger Bettie House Shirley Stevens Walter Stevens Anna Meyer Pete Pawelek

and Lynse Pawelek accompanied by Clifton Stacey Frio County



Senator Watson offered the following resolution

SRi56 In memory of Dr James Paul Duncan of Austin

On motion of Senator Watson the resolution was read and was adopted by a

risingvote of the Senate

In honor of the memory of James Paul Duncan the text of the resolution is

printed at the end of today sSenate Journal


TX00002725JA_001233


GUESTS PRESENTED

Senator Watson was recognized and introduced to the Senate family members of

James Paul Duncan iiNancy Duncan wife Brad Duncan son Mary de la Garza

daughter Kevin Sadler former son inlaw and Cullen Sadler grandson

The Senate welcomed its guests and extended its sympathy

RECESS

On motion of Senator Whitmire the Senate at 1228 pm recessed until

230ip mtoday

AFTER RECESS

The Senate met at 249 pmand was called to order by the President

SENATERESOLUTION 119

The President laid before the Senate the following resolution

WHEREAS Subsection b Section 5 Article III Texas Constitution reads

When convened in regular Session the first thirty days thereof shall be devoted

to the introduction of bills and resolutions acting upon emergency appropriations

passing upon the confirmation of the recess appointees of the Governor and such

emergency matters as may be submitted by the Governor in special messages to the

Legislature During the succeeding thirty days of the regular session of the Legislature

the various committees of each House shall hold hearings to consider all bills and

resolutions and other matters then pending and such emergency matters as may be

submitted by the Governor During the remainder of the session the Legislature shall

act upon such bills and resolutions as may be then pending and upon such emergency

matters as may be submitted by the Governor in special messages to the Legislature

and

WHEREAS It is specifically provided in Subsection c Section 5 Article III

Texas Constitution that either house may otherwise determine its order of business by

an affirmative vote of four fifths of its membership now therefore be it

RESOLVED by the Senate of the State of Texas 82nd Legislature by an

affirmative vote of four fifths of its membership That the senate determine that the

constitutional order of business for the first thirty days of the regular session is hereby

suspended to the extent necessary to allow the senate to hold hearings during the first

thirty days to consider any bill resolution or other matter pending before the senate

ELTIFE

SRi119 was read and was adopted by the following vote iiYeasi30 Naysi0

AbsentiiUresti

LEAVE OF ABSENCE

On motion of Senator Whitmire Senator Uresti was granted leave of absence for

the remainder of the day on account of important business


TX00002726JA_001234


MOTION TO PLACESENATE BILL 14 ON SECOND READING

Senator Fraser moved to suspend all necessary rules at this time to take up for

consideration SBi14 on its second readingi Set as special order Submitted by

Governor as an emergency matter

SBi14 Relating to requirements to vote including presenting proof of

identification providing criminal penalties

Questioni iShall all necessary rules be suspended

Senator VanideiPutte was recognized to read a statement in reference to SBi14

Senator West moved to have Senator VanideiPutte s statement reduced to writing

and printed in the Senate Journal

There was objection

Senator Duncan was recognized to comment on Senator VanideiPutte s statement

and asked that his remarks be reduced to writing and printed in the Senate Journal

Senator West withdrew his motion

Questioni iShall all necessary rules be suspended

MOTION IN WRITING


Mr President

I move to suspend all necessary rules to take up and consider SBi14 at this time

FRASER

Questioni iShall the Motion In Writing be adopted

Senator Whitmire was recognized to comment on the statements by Senator

VanideiPutte and Senator Duncan

Senator West again moved to have Senator VanideiPutte s remarks reduced to

writing

There was objection

Senator Duncan offered a substitute motion to have the remarks by Senators

VanideiPutte Duncan and Whitmire reduced to writing and printed in the Senate

Journal

The substitute motion was adopted without objection

REMARKS

Senator VanideiPutte iiThank you Mr Chairman and thank you Mr President The

Senate Democrats including those who represent districts in which minority voters

are electing candidates of their choice and who also speak on behalf of minority

voters in this state have made clear their unanimous opposition to the voter ID

legislation That opposition remains And no matter the specific time of passage of

this bill the outcome is inevitable and our opposition remains firm In the interest of


TX00002727JA_001235


continuing debate on the legislation during appropriate hours however and to avoid

late night debate which the public would find more difficult to observe we will not

oppose a vote to suspend the 24hour layout requirement Debate on this legislation

was in the Committee of the Whole consisting of all 31 Members of the Senate Thus

we see little compelling need for such layout requirement which typically exists to

give those Senators not on the relevant committee opportunity to review legislation

All 31 Senators have had ample opportunity to review the bill which is the purpose of

having a layout requirement Thank you Mr Chairman

Senator Duncan iiI appreciate the fact that we r�e working together to try to move this

bill and we v�e talked and worked a lot but the only thing in your statement that I

might have exception to is the fact that all Members of this Senate represent minority

voters And I want to make clear that that is a statement of this whole body and not

just of one political party or another So with that understanding I will go ahead and

not have an objection And I d like my comments put in the record if we could

Senator Whitmire iiSenator Duncan I want to clarify in your comments to Senator

VanideiPutte before you pose the question really a comment You said that you felt

like all Members on the floor were attempting to move the bill forward

Senator Duncan iiThat scorrect

Senator Whitmire iiOkay well I want to strongly disagree with you that that s not

the position of the opposition We r�e not voting for this rule or this motion because

we r�e trying to move this bill forward We r�e trying to move the process forward and

the only and the distinction is we l�l do it at 920 tonight or at three o c�lock this

afternoon but we r�e going to do everything we can to stop this bill

Senator Duncan iiI understand that

Senator Whitmire iiBut we want to have the discussion in the middle of the

afternoon versus the middle of the morning

Senator Duncan iiThat wasn t�my that that really

Senator Whitmire iiI know

Senator Duncan iiwasn t�what I intended to say

Senator Whitmire iiYou understand

Senator Duncan iiI just I was intending to I I was objecting to the statement to the

extent

Senator Whitmire iiI respect that

Senator Duncaniiit said that you know that it implied that not all Members of this

body represent minority interests That was my objection and that s what I wanted in

the record

Senator Whitmire iiCertainly and I think you have a right to make that record and I

heard your feelings but I could not allow your comment that we r�e all 31 of us

attempting to move this bill forward on the record without making it very clear that

that s not the way we feel towards voting for this motion which allow us to bring it


TX00002728JA_001236


up immediately We r�e very much opposed to the bill which you will get to witness in

a moment But we do think it good judgment to go forward at this point versus going

into the midpart of the next morning

Senator Duncan iiI think we can all agree on that and I think we understand that I

had only one objection to the statement and I made that objection

Questioni iShall the Motion In Writing be adopted

The President requested the Secretary of the Senate to again read the Motion In

Writing

MOTION IN WRITING

The Secretary of the Senate again read the following Motion In Writing

Mr President

I move to suspend all necessary rules to take up and consider SBi14 at this time

FRASER

Senator Fraser withdrew the Motion In Writing

MOTION IN WRITING


Mr President

I move to suspend Senate Rule 5.11 and Senate Rule 7.12 to take up SBi14 at

this time which is set as a special order for 920ip m today

FRASER

The Motion In Writing was read and was adopted without objection

SENATE BILL 14 ON SECOND READING

The President laid before the Senate SBi14 by Senator Fraser at this time on its

second reading Set as special order Submitted by Governor as an emergency

matter

SBi14 Relating to requirements to vote including presenting proof of

identification providing criminal penalties

The bill was read second time

Senator Watson offered the following amendment to the bill

Floor Amendment No 1

Amend SB 14 by striking below the enacting clause and adding the following

appropriately numbered SECTIONS to the bill and renumbering subsequent

SECTIONS accordingly

SECTIONi iiSubchapter A Chapter 61 Election Code is amended by adding

Section 61.015 to read as follows

Sec i61.015 iiFRAUDULENT OR DECEPTIVE VOTING PRACTICES a Aperson commits an offense if the person knowingly


TX00002729JA_001237


1iiimpersonates or attempts to impersonate another person or uses or

attempts to use the identify of another person for the purpose of voting in any election

in this state

2iiremoves the name of an eligiblevoter from the list of registered voters

or the poll list for the precinct

3iiprevents the deposit in the ballot box of a marked and properly folded

ballot that was provided at the polling place to the voter who is depositing it or for

whom the deposit is attempted

4iiprovides false information to a voter about voting procedures resulting

in the voter

Aiirefraining from voting under a reasonable belief that the voter may

not vote or that the procedures are intimidating or cumbersome or

Biiotherwise being prevented from casting a ballot that may legally be

counted

5iiplaces restrictions on a voter s exercise of the right to vote that are not

required by this code resulting in the voter

Aiirefraining from voting under a reasonable belief that the voter maynot vote or

Biiotherwise being prevented from casting a ballot that may legally be

counted or

6iiimpersonates a law enforcement officer or provides false information

about law enforcement procedures for the purpose of intimidating voters regardless of

whether the voter casts a vote

biiAn offense under this section is a felony of the first degree

SECTIONi iiSubsections 64.010a2 and 64.012a3 Election Code are

repealed

SECTIONi iiThe change in law made by this Act applies only to an offense

committed on or after the effective date of this Act An offense committed before the

effective date of this Act is governed by the law in effect when the offense was

committed and the former law is continued in effect for that purpose For purposes of

this section an offense was committed before the effective date of this Act if any

element of the offense was committed before that date

SECTIONi iiThis Act takes effect September 1 2011

WATSONRODRIGUEZ

The amendment to SB 14 was read

President Pro Tempore Ogden in Chair

On motion of Senator Fraser Floor Amendment No 1 was tabled by the

following vote iiYeasi19 Naysi11



Williams

Nays iiDavis Ellis Gallegos Hinojosa Lucio Rodriguez VanideiPutte WatsonWest Whitmire Zaffirini

Absentexcused iiUresti


TX00002730JA_001238


Senator Davis offered the following amendment to the bill

Floor Amendment Noi2

Amend SB 14 by adding the following appropriately numbered SECTION to the

bill and renumbering subsequent SECTIONS of the bill accordingly

SECTIONi iiSections 20.063a and b Election Code are amended to

read as follows

aiiThe Department of Public Safety shall

1iiprovide 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 an opportunity to complete a voter registration

application form and an opportunity to complete the form and

2iiinform each person who applies in person at the department s offices for

an original or renewal personal identification card or a duplicate or corrected card that

the department may not collect a fee for a personal identification card issued to a

person who states that the person is obtaining the personal identification card for the

purpose of voting and

Aiiwho is a registered voter in this state and presents a valid voter

registration certificate or

Biiwho is eligible for registration under Section 13.001 and submits a

registration application to the department

biiWhen the department processes a license or card for renewal by mail the

department shall deliver to the applicant by mail a voter registration application form

The department by rule shall prescribe a form and manner of providing to persons

renewing licenses and cards by mail a notice stating the information required to be

provided under Subsection a to a person who applies in person at the department soffices for an original or renewal personal identification card or a duplicate or

corrected card






Williams

Nays iiDavis Ellis Gallegos Hinojosa Lucio Rodriguez VanideiPutte Watson

West Whitmire Zaffirini


Senator Gallegos offered the following amendment to the bill


Amend SB 14 as follows

1iiIn SECTION 3 of the bill in added Section 31.012a Election Code page

2 line 19 between website and the period insert in each language in which voter

registration materials are available


TX00002731JA_001239


2iiIn SECTION 3 of the bill add a new subsection to added Section 31.012

Election Code page 2 between lines 23 and 24 to read as follows

ciiThe county clerk of each county shall post in a prominent location at the

clerk s office a physical copy of the notice prescribed under Subsection a in each

language in which voter registration materials are available

GALLEGOS

HINOJOSA

LUCIO

The amendment to SB 14 was read and was adopted by a viva voce vote

All Members are deemed to have voted Yea on the adoption of Floor

Amendment No 3 except as follows


Senator Lucio offered the following amendment to the bill



1iiIn SECTION 3 of the bill in added Section 31.012a Election Code page

2 line19 between website and the period add in English and Spanish

2iiIn SECTION 3 of the bill in added Section 31.012 Election Code page 2between lines 23 and 24 add the following new subsection

ciiThe county election administrator or county clerk as applicable shall post in

a prominent location a physical copy of the notice prescribed by Subsection a in

English and Spanish

LUCIO

HINOJOSA


Senator Lucio withdrew Floor Amendment Noi4

Senator Zaffirini offered the following amendment to the bill


Amend SBi14 in SECTION 3 of the bill in added Section 62.016 Election Code

page 3 line 20 after 24 point by adding The notices required under this

subsection shall be posted separately from all other notices required by state or federal

law






TX00002732JA_001240




Amend SB 14 in SECTION 7 of the bill in amended Section 63.001 c Election

Code page 4 line 6 by adding after the period If in determining whether a voter sname is on the list of registered voters the election officer determines that the voter sname on the documentation does not match exactly the name on the list the voter

shall be accepted for voting as otherwise required by this section if the voter submits

an affidavit stating that the voter is the person on the list of registered voters


Senator Davis withdrew Floor Amendment Noi6

Senator VanideiPutte offered the following amendment to the bill


Amend SB 14 in SECTION 7 of the bill in amended Section 63.001d Election

Code page 4 line 10 by adding after the period In determining whether to accept a

voter for voting the election officer may not consider whether any address shown on

the voter s documentation matches the address of the voter as shown on the list






Williams






Amend SB 14 in SECTION 7 of the bill in amended Section 63.001d Election

Code page 4 line 10 by adding after the period In the event of an inconsistency

between an address that appears on the documentation presented by a voter described

by this subsection and the voter registration list the voter shall be accepted if the voter

asserts that the address that appears on the voter registration list is the voter s address

for the purposes of voting



Senator Hinojosa offered the following amendment to the bill


Amend SBi14 in SECTION 9 of the bill by striking added Section 63.0012 cElection Code and replacing with the following


TX00002733JA_001241


ciiThis section expires September 1 2017





Senator Zaffirini offered the following amendment to the bill



1iiIn SECTION 7 of the bill in the recital page 3 line 23 strike g and hand substitute g h and i

2iiIn SECTION 7 of the bill in proposed Section 63.001b Election Code

page 3 line 26 through page 4 line 1 strike the text and substitute the following

place

1iione form of identification listedin Section 63.0101 or

2iithe voter s voter registration certificate accompanied by the affidavit

described by Subsection i to an election officer at the polling place

3iiIn SECTION 7 of the bill following proposed Section 63.001h Election

Code page 5 between lines 10 and 11 add the following

iiiIf the requirement for identification prescribed by Subsection b is not metan election officer shall notify the voter that the voter may be accepted for voting if

the voter executes an affidavit under penalty of perjury stating that the voter is the

person named on the voter registration certificate The affidavit shall be in a form

prescribed by the secretary of state and must include the voter s name address date of

birth and signature





Huffman Jackson Nelson Nichols Patrick Seliger Shapiro Wentworth Williams

Nays iiDavis Ellis Gallegos Hinojosa Lucio Ogden Rodriguez VanideiPutte



President in Chair




1iiIn SECTION 7 of the bill in the introductory language page 3 line 23strike g and h and substitute g h and i

2iiIn SECTION 7 of the bill following added Section 63.001 hElection Code

page 5 between lines 10 and 11 insert the following


TX00002734JA_001242


iiiA voter whose name as listed on the identification prescribed by Subsection

b does not match the name on the precinct list of registered voters shall still be

accepted for voting if the voter is a woman and

1iipresents a marriage license or divorce decree that lists a name that

matches the name on the precinct list of registered voters or

2iiexecutes an affidavit stating the voter s name is the name on the precinct

list of registered voters but has been changed due to marriage or divorce

DAVIS

ELLIS


Senator Fraser moved to table Floor Amendment No 11

Senator Fraser withdrew the motion to table Floor Amendment No 11

Senator Davis temporarily withdrew Floor Amendment No 11




1iiIn SECTION 9 of the bill adding Section 63.0012 a Election Code page

6 lines 1 and 2 strike Section 521.422 Transportation Code and substitute

Section 63.010

2iiStrike SECTION 18 of the bill amending Section 521.422 Transportation

Code page 11 lines 2 through 193iiAdd the following appropriately numbered SECTION to the bill and

renumber the remaining SECTIONS of the bill accordingly

SECTIONi iiChapter 63 Election Code is amended by adding Section

63.010 to read as follows

Sec i63.010 i iFEES PROHIBITED FOR CERTAIN FORMS OFIDENTIFICATION DOCUMENTATION Notwithstanding any other law an agency

institution or political subdivision of this state may not charge any fee for the

issuance of any document that may be used

1iias proof of identification under this chapter or

2iito obtain a document that may be used as proof of identification under

this chapter






Williams





TX00002735JA_001243





1iiIn SECTION 12 of the bill in amended Section 63.0101 Election Code

page 8 line9 strike that has not and substitute regardless of whether it has2iiIn SECTION 12 of the bill in amended Section 63.0101 Election Code

page 8 line13 strike that has not and substitute regardless of whether it has3iiIn SECTION 12 of the bill in amended Section 63.0101 Election Code

page 8 line22 strike that has not and substitute regardless of whether it has






Williams






Amend SB 14 in SECTION 12 of the bill by striking amended Section 63.0101

Election Code page 8 line5 through page 9 line 2 and substituting the following

Sec i63.0101 iiDOCUMENTATION OF PROOF OF IDENTIFICATION The

following documentation is acceptable as proof of identification under this chapter

is the same as the documentation required by the Department of Public Safety under

Section 521.142 Transportation Code for an application for the issuance of a driver slicense including the thumbprints photograph and signature of the voter

1iia driver s license or personal identification card issued to the person by

the Department of Public Safety or a similar document issued to the person by an

agency of another state regardless of whether the license or card has expired

2iia form of identification containing the person s photograph that

establishes the person s identity

3iia birth certificate or other document confirming birth that is admissible

in a court of law and establishes the person s identity

4iiUnited States citizenship papers issued to the person

5iia United States passport issued to the person

6iiofficial mail addressed to the person by name from a governmental

entity

7iia copy of a current utility bill bank statement government check

paycheck or other government document that shows the name and address of the

voter or

8iiany other form of identification prescribed by the secretary of state


TX00002736JA_001244







Williams






Amend SB 14 by striking SECTION 12 of the bill and substitute with new

SECTION 12 as follows

SECTIONi12 iiSection 63.0101 Election Code is amended to read as follows


following documentation is an acceptable form as proof of photo identification

under this chapter


the Department of Public Safety that has not or a similar document issued to the

person by an agency of another state regardless of whether the license or card has

expired or has expired after the date of the most recent general election

2iia United States military identification card that contains the person sphotograph that has not expired or has expired after the date of the most recent general

election form of identification containing the person s photograph that establishes the

person sidentity



4 United States citizenship certificate papers issued to the person that

contains the person sphotograph or

4i5iia United States passport issued to the person that has not expired or

has expired after the date of the most recent general election


entity

7iia copy of a current utility bill bank statement government check

paycheck or other government document that shows the name and address of the

voter or



Senator Davis temporarily withdrew Floor Amendment Noi15


TX00002737JA_001245


Senator Van de Putte offered the following amendment to the bill



1iiIn SECTION 7 of the bill strike amended Section 63.001 b Election Code

page 3 line 24 through page 4 line 1 and substitute the following

biiExcept as provided by Subsection h on On offering to vote a voter must

present to an election officer at the polling place either

1iione form of identification listedin Section 63.0101 a or

2iitwo different forms of identification listed in Section 63.0101 b the

voter svoter registration certificate to an election officer at the polling place

2iiIn SECTION 12 of the bill strike amended Section 63.0101 Election Code

page 8 line5 through page 9 line 2 and substitute the following

Sec i63.0101 iiDOCUMENTATION OF PROOF OF IDENTIFICATION aThe following documentation is an acceptable form as proof of photo identification

under this chapter


the Department of Public Safety that has not expired or that expired no earlier than

two years before the date of presentation or a similardocument issued to the person

by an agency of another state regardless of whether the license or card has expired

2iia United States military identification card that contains the person sphotograph form of identification containing the person s photograph that establishes

the person s identity



4iiUnited States citizenship certificate papers issued to the person that

contains the person sphotograph

4i5iia United States passport issued to the person

5iia license to carry a concealed handgun issued to the person by the

Department of Public Safety or


entity

7iia valid identification card that contains the person s photograph and is

issued byAiian agency or institutionof the federal government or

Biian agency institution or political subdivision of this state

biiThe following documentation is acceptable as proof of identification under

this chapter

1iithe voter s voter registration certificate or a copy of a current utility bill

bank statement government check paycheck or other government document that

shows the name and address of the voter


entity

3iia certified copy of a birth certificate or other document confirming birth

that is admissible in a court of law and establishes the person s identity

4iiUnited States citizenship papers issued to the person


TX00002738JA_001246


5iian original or certified copy of the person s marriage license or divorce

decree

6iicourt records of the person sadoption name change or sex change

7iian identification card issued to the person by a governmental entity of

this state or the United States for the purpose of obtaining public benefits including

veteran s benefits Medicaid or Medicare

8iia temporary driving permit issued to the person by the Department of

Public Safety

9iia pilot s license issued to the person by the Federal Aviation

Administration or another authorized agency of the United States

10 iia library card that contains the person s name issued to the person by a

public library located in this state or

11 iia hunting or fishing license issued to a person by the Parks and Wildlife

Department or







Williams








page 8 line7 strike photo


page 8 line 11 between expired and the semicolon insert including a

temporary driving permit issued under Section 524.011 Transportation Code






Williams





TX00002739JA_001247





1iiIn SECTION 12 of the bill in amended Section 63.0101 Election Codestrike or

2iiIn SECTION 12 of the bill in amended Section 63.0101 Election Codefollowing expired insert the following

or

5iia license to carry a concealed handgun issued to the person by the

Department of Public Safety of the State of Texas

HINOJOSAPATRICK

The amendment to SB 14 was read and was adopted by the following

vote iiYeasi30 Naysi0


Senator Ellisoffered the following amendment to the bill


Amend SBi14 as follows


page 8 line20 strike or2iiIn SECTION 12 of the bill in amended Section 63.0101 Election Code

page 8 line22 following expired insert the following

or

5iifor a person who is a student at an accredited public university located in

the state of Texas a student identification card that contains the person s photograph

that has not expired issued to the person by the institutionof higher education






Williams




Senator West offered the following amendment to the bill






TX00002740JA_001248





or

5iia Medicare identification card issued to the person by the United States

Social Security Administration accompanied by a voter registration certificate issued

to the person

WESTRODRIGUEZ






Williams










or

5iia valid identification card including an employee identification card

that contains the person s photograph and is issued byAiian agency or institutionof the federal government

Biian agency institution or political subdivision of this state or

Ciian institutionof higher education in this state






Williams





TX00002741JA_001249







2iiIn SECTION 12 of the bill in amended Section 63.0101 Election Codepage 8 line 11 between expired and the semicolon insert or that expired no

earlier than 60 days before the date of presentation


page 8 line 13 following expired add or that expired no earlier than 60 days

before the date of presentation




before the date of presentation or

5iiif the person is 65 years of age or older an expired driver s license or

personal identification card issued to the person by the Department of Public Safety or

a similardocument issued to the person by an agency of another state




YeasiiBirdwell Carona Deuell Duncan Eltife Estes Fraser Harris HegarHuffman Jackson Nelson Nichols Ogden Patrick Seliger Shapiro Wentworth

Williams







1ii In SECTION 12 of the bill in amended Section 63.0101 Election code

page 8 line 11 between expired and the semicolon insert or that expired no

earlier than 60 days before the date of presentation

2ii In SECTION 12 of the bill in amended Section 63.0101 Election Code



3ii In SECTION 12 of the bill in amended Section 63.0101 Election Code







TX00002742JA_001250










or

5iia voter s voter registration certificate containing the voter sphotograph

4 iiAdd the following appropriately numbered SECTION to the bill and


SECTIONi iiSubchapter A Chapter 15 Election Code is amended by

adding Section 15.0025 to read as follows

Sec i15.0025 iiPHOTOGRAPH ON CERTIFICATE The commissioners court

of a county may authorize the county elections administrator or the county clerk as

applicable to issue voter registration certificates that include a photograph of the voter

and that may be used as proof of a voter s identification under Chapter 63






Williams








SECTIONi iiSubchapter A Chapter 411 Government Code isamended by


Sec i411.0086 iiLOCATION OF DRIVER S LICENSE FACILITIES a The

department must ensure that one driver s license facility is established for every 50

voting precincts in an area

biiDriver s license facilities must be located by an equal distribution throughout

an area based on voting age population





TX00002743JA_001251




Williams








SECTIONi iiSubchapter A Chapter 411 Government Code isamended by


Sec i411.0086 iiDRIVER S LICENSE FACILITIES IN CERTAIN COUNTIESThe department must locate a driver s license facility established after January 12012 not further than five miles from a location accessible by public transportation if

the facility is located in a county where public transportation is available






Williams








SECTIONi iiSection 2.009c Family Code is amended to read as follows

ciiOn the proper execution of the application the clerk shall

1iiprepare the license

2iienter on the license the names of the licensees the date that the license is

issued and if applicable the name of the person appointed to act as proxy for an

absent applicant if any

3iirecord the time at which the license was issued

4iidistribute to each applicant printed materials about acquired immune

deficiency syndrome AIDS and human immunodeficiency virus HIV and note on

the license that the distribution was made and5iidistribute to each applicant a premarital education handbook provided

by the attorney general under Section 2.014 and


TX00002744JA_001252


6iidistribute to each applicant a notice stating that if an applicant changes

the applicant s name after marriage the applicant must update the applicant s voter

registration information and applicable government issued personal identification

documents including any driver s license or risk being denied the opportunity to cast

a ballot

LUCIO

ELLIS






Williams






Amend SB 14 by adding the following appropriately numbered SECTIONS to

the bill and renumbering subsequent SECTIONS of the bill accordingly



Sec i62.0015 iiVOTER REGISTRARS MUST BE PRESENT Two voter

registrars must be present at each polling place while the polls are open



Sec i63.010 i iREGISTRATION AT POLLING PLACE VOTINGPROCEDURES 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

biiA 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 persons residence if on the day the person offers to vote the person

1iisubmits a voter registration application that complies with Section

13.002 to a voter registrar at the polling place and

2iipresents as proof of identification and residence a document described

by Section 63.0101 that contains the voter s current name and address

ciiPersons voting under this section shall be processed separately at the polling

place from persons who are voting under regular procedures


TX00002745JA_001253


diiThe secretary of state shall adopt rules to ensure the accountability of

election officers and to fairly implement this section

SECTIONi iiThe secretary of state shall adopt rules as required by Section

63.010 Election Code as added by this Act not later than February 1 2012

ELLIS

LUCIO

RODRIGUEZ






Williams Zaffirini


West Whitmire






SECTIONi iiSubchapter A Chapter 521 Transportation Code is amended

by adding Section 521.007 to read as follows

Sec i521.007 iiDEPARTMENT OPERATING HOURS To ensure access by the

public to identification required under Section 63.001 Election Code the department

shall maintain fully staffed operating hours in each office authorized to issue driver slicenses or personal identification certificates

1iiuntil 7 pm or lateron at leastone weekday each week and

2iiduring four or more hours on at least two Saturdays each month






Williams





TX00002746JA_001254








Sec i63.014 iiSECRETARY OF STATE REPORT a The secretary of state shall

produce an annual report showing

1iithe number of residents eligible to vote in this state who have the

documentation required under Section 63.0101 and the percentage of all state

residents eligibleto vote represented by that number

2iithe number of residents eligibleto vote in this state who do not have the

documentation required under Section 63.0101 and the percentage of all state

residents eligibleto vote represented by that number

3iithe number of residents eligible to vote in this state who have the

documentation required under Section 63.0101 but who fail to comply with statutory

requirements only because the address on the documentation is not current the last

name on the documentation does not match the current voter list because of a legal

name change or the documentation presented is expired and the percentage of all

state residents eligibleto vote represented by that number

4iithe average time by voting precinct that a person must wait to obtain a

document described by Section 63.0101 1 at the nearest Department of Public Safety

licensing facilities that provide those documents

5iithe number of eligiblevoters who were prevented from voting as a result

of the enhanced identification requirements for being accepted to vote adopted by the

82nd Legislature

6iithe number of eligible voters who were required to file provisional

ballots as a result of the enhanced identification requirements for being accepted to

vote and

7iian analysis by subgroup of whether the enhanced identification

requirements for being accepted to vote produce a disparate impact on women the

elderly persons with disabilities students or racial and ethnic minorities

biiThe report produced under this section is a public record

ciiThe secretary of state may adopt rules to implement this section including

rules requiring other state agencies and authorities holding elections to record

information relevant to the report required by this section

ELLIS

RODRIGUEZ

URESTI





TX00002747JA_001255




Williams




Senator VanideiPutte offered the following amendment to the bill




SECTIONi iiThe changes in law made by this Act do not take effect unless

1iithe comptroller determines that the legislature has appropriated the

amount of money to the appropriate entities that is necessary to fully fund the

implementation of this Act and

2iithe secretary of state certifies that the secretary of state and each county

have complied with the changes in law made by this Act or have developed the

training and information required by this Act and have prepared to implement the

changes in law made by this Act as applicable






Williams




Senator Watson offered the following amendment to the bill


Amend SBi14 by adding the following appropriately numbered SECTION to the

bill and renumber subsequent SECTIONS accordingly

SECTIONi iiThis Act does not make an appropriation This Act takes

effect only if a specific appropriation for the implementation of the Act is provided in

a general appropriations act of the 82nd Legislature

WATSONRODRIGUEZ





TX00002748JA_001256





1iiIn SECTION 23 of the bill page 12 line 18 strike Subsection b and

substitute Subsections b and c2iiIn SECTION 23 of the bill page 12 add Subsection c to read as follows

ciiIf after the passage of the General Appropriation Act 82nd Legislature the

funding provided to school districts through the Foundation School Program or direct

distribution to the districts is not sufficient to maintain the current pay distribution per

teacher and to maintain an equal number of teachers in the districts this bill has no

effect






Williams






Amend SB 14 filed version as follows

1iiIn SECTION 23 of the bill page 12 line 18 strike Subsection b and

substitute Subsections b and c2iiIn SECTION 23 of the bill page 12 add Subsection c to read as follows

ciiThis Act takes effect only if the legislature appropriates or otherwise

provides sufficient funds to defray the costs associated with the duties and activities

imposed on counties under the Act No county funds derived from local revenue may

be expended to implement this Act






Williams





TX00002749JA_001257


Senator Patrick offered the following amendment to the bill


Amend SB 14 senate committee printing as follows

1iiAdd the following appropriately numbered SECTIONS to the bill and


SECTIONi iiSection 13.002 Election Code is amended by adding

Subsection ito read as follows

iiiAn applicant who wishes to receive an exemption on the basis of disability

from the requirements of Section 63.001b must include a certification from a

physician that the person has a disability as defined by Section 21.002 Labor Codewith the person s application

SECTIONi iiSection 15.001 Election Code is amended by adding

Subsection c to read as follows

ciiA certificate issued to a voter who meets the certification requirements of

Section 13.002i must contain an indication that the voter is exempt from the

requirement to present identification other than the registration certificate before being

accepted for voting

2iiIn SECTION 7 of the bill strike added Section 63.001 h page 2 lines 51

through 57 and substitute the following

hiiThe requirements for identification prescribed by Subsection b do not

apply to a voter who presents the voter s voter registration certificate on offering to

vote and

1iiwas 70 years of age or older on Januaryi1 2012 as indicated by the date

of birth on the voter s voter registration certificate or

2iiis disabled and the voter s voter registration certificate contains the

indication described by Section 15.001 cThe amendment to SB 14 was read and was adopted by the following






1iiAdd the following appropriately numbered SECTIONS to the bill and

renumber subsequent SECTIONS of the bill accordingly

SECTIONi iiEffective September 1 2011 Chapter 82 Election Code is

amended by adding Section 82.006 to read as follows

Sec i82.006 iiPERMANENT MAIL VOTER STATUS a A qualified voter is

eligiblefor permanent mail voter status if

1iithe voter is disabled as defined by secretary of state rule under

Subsection c and

2iithe voter s name is not on the suspense list

biiA voter having permanent mail voter status is entitled to receive a ballot to

be voted by mail for every election other than a primary election


TX00002750JA_001258


ciiThe secretary of state shall by rule define disabled for purposes of

determining eligibility for permanent mail voter status

SECTIONi iiEffective September 1 2011 Chapter 84 Election Code is

amended by adding Subchapter C to read as follows

SUBCHAPTER C APPLICATION FOR PERMANENT MAIL VOTER STATUS

Sec i84.101 iiMETHOD OF APPLICATIONiiaiiA qualified voter seeking

permanent mail voter status may apply for the status at the time the voter registers to

vote or at a polling place on election day or during early voting by personal

appearance

biiThe secretary of state shall adopt rules and forms to implement this section

Sec 84.102 iiSUBMITTING APPLICATIONiiAn application indicating that the

voter seeks to acquire permanent mail voter status is considered submitted for the first

election following the date the application is submitted A voter may not attain

permanent mail voter status for that election unless the voter timely submits the

application to a voter registrar within the time provided by Subchapter ASec 84.103 iiACTION BY VOTER REGISTRAR iiaiiIf a qualified voter

eligible for permanent mail voter status submits an application under Section 84.101

stating a valid ground of eligibilitythe voter registrar receiving the application shall

1iiplace the voter s name on a list of permanent mail voters and

2iinotify the early voting clerks serving every authority that orders

elections in the registrar s jurisdiction of the voter s permanent mail voter status

biiIf the early voting clerk serving an authority receives notice under

Subsection a2 the early voting clerk and the clerk s successors shall provide a

ballot to be voted by mail to the voter as required by this code for each general and

special election ordered by the authority

ciiAn early voting clerk may not provide a ballot under Subsection b to a

voter whose name appears on the suspense list

Sec 84.104 iiCANCELLATION iiaiiA voter having permanent mail voter

status may cancel an application for a ballot to be voted by mail at any time The

cancellation is effective for an election for which the voter timely cancels the

application as provided by Section 84.032 and all subsequent elections A voter who

has canceled the voter s application under this subsection may apply for permanent

mail voter status for a subsequent election

biiFollowing cancellation under Subsection a the applicable early voting

clerk shall notify the early voting clerks serving every authority that orders elections

in the clerk sjurisdiction of the cancellation

Sec i84.105 iiADDITIONAL PROCEDURES The secretary of state shall

1iiprescribe any additional procedures necessary to implement this

subchapter and

2iidevelop a system of notifying voters who are likely to be eligible for

permanent mail voter status of the availabilityof that status for certain voters and the

application procedure for acquiring that status

SECTIONi iiaiiEffective September 1 2011 the secretary of state shall

prescribe any procedures and develop a notification system under Section 84.105

Election Code as added by this Act but not laterthan January 1 2012


TX00002751JA_001259


biiThe changes in law made by Section 82.006 and Subchapter C Chapter 84Election Code as added by this Act apply only to an election for which an

application for a ballot to be voted by mail may not be submitted before January 12012

2iiIn SECTION 23 a of the bill page 12 line 19 between section and the

comma insert or as otherwise provided by thisAct






Williams








SECTIONi iiSubchapter A Chapter 31 Election Code is amended by


Sec i31.015 iiUNIFORM STATEWIDE VOTER REGISTRATION SYSTEMThe secretary of state shall establish a uniform statewide voter registration system to

improve voter participation The system must

1iiinclude expanded voter registration outreach

2iiestablish more voter registration offices especially in areas where the

distance between offices is determined to be prohibitive

3iiinclude statewide outreach to inform the voting age population of

registration status registration locations and locations of precinct polling places

4iiallow voters to verify and make corrections to their voter registration not

less than 30 days before the date of an election

5iiuse voter assistance hotlines and websites that are operational at least 30

days before the date of an election and

6 iiestablish ombudsmen at the state level to address cases of voter

suppression voter discrimination or other abuse against voters






Williams


TX00002752JA_001260









SECTIONi iiSection 16.036a Election Code is amended to read as

follows

aiiImmediately after but not later than the 30th day after the date a voter sregistration is canceled under Section 16.031 16.031a3 16.032 16.033 16.0331

or 16.0332 the registrar shall deliver written notice of the cancellation to the voter






Williams







1iiIn SECTION 7 of the bill add following language to the end of Section

63.001h2Election Codeor

2iiIn SECTION 7 of the bill add new subsection 3 to Section 63.001hElection Code to read as follows

3iiwho is indigent and is unable to obtain proof of identification without

the payment of a fee

aiiindigent in this subsection has the meaning assigned by

Sectioni51.941 e Government Codebiithe voter in this subsection shall be provided a provision ballot as

provided under Section 63.011

3iiStrike SECTION 16 of the bill and add new SECTION 16 as follows

Seci65.0541 iiPRESENTATION OF IDENTIFICATION FOR CERTAINPROVISIONAL BALLOTS aiiA voter who is accepted for provisional voting

under Section 63.011 because the voter does not meet the identification requirements

of Section 63.001 b may not laterthan the sixth day after the date of the election

1iipresent proof of identification to the voter registrar for examination by

the early voting ballot board or


TX00002753JA_001261


2iiper Section 63.001h3 Election Code execute an affidavit before the

voter registrar affirming under penalties of perjury that the voter is indigent

biiThe secretary of state shall prescribe procedures as necessary to implement

this section



Senator Duncan offered the following amendment to the bill


Amend SB 14 by striking SECTIONS 15 and 16 of the bill filed version page 9line 26 through page 10 line 17 and substituting the following

SECTIONi15 iiSection 65.054 Election Code is amended by amending

Subsection b and adding Subsection e to read as follows

biiA provisional ballot shall may be accepted only if the board determines

that

1iifrom the information in the affidavit or contained in public records

the person is eligible to vote in the election and has not previously voted in that

election and

2iithe person

Aiimeets the identification requirements of Section 63.001 b in the

period prescribed under Section 65.0541 or

Biiexecutes an affidavit under penalty of perjury stating that

iiithe voter

1iiis indigent and is unable to obtain proof of identification

without the payment of a fee or

2iihas a religious objection to being photographed and

iiiihas not been challenged or required to vote a provisional ballot

for any other reason

eiiIn this section indigent has the meaning assigned by Section 51.941eGovernment Code

SECTIONi16 iiSubchapter B Chapter 65 Election Code is amended by adding

Section 65.0541 to read as follows

Seci65.0541 iiPRESENTATION OF IDENTIFICATION FOR CERTAINPROVISIONAL BALLOTS aiiA voter who is accepted for provisional voting

under Section 63.011 because the voter does not meet the identification requirements

of Section 63.001 b may not laterthan the sixth day after the date of the election

1iipresent proof of identification described by Section 63.0101 to the voter

registrar for examination or

2iiexecute an affidavit described by Section 65.054b2B in the

presence of the voter registrar

biiThe secretary of state shall prescribe procedures as necessary to implement

this section

DUNCANDAVIS

OGDENPATRICK


TX00002754JA_001262





Senator Davis again offered the following amendment to the bill



1iiIn SECTION 7 of the bill in the introductory language page 3 line 23strike g and h and substitute g h and i

2iiIn SECTION 7 of the bill following added Section 63.001 hElection Code

page 5 between lines 10 and 11 insert the following

iiiA voter whose name as listed on the identification prescribed by Subsection

b does not match the name on the precinct list of registered voters shall still be

accepted for voting if the voter is a woman and

1iipresents a marriage license or divorce decree that lists a name that

matches the name on the precinct list of registered voters or

2iiexecutes an affidavit stating the voter s name is the name on the precinct

list of registered voters but has been changed due to marriage or divorce

DAVIS

ELLIS

The amendment to SB 14 was again read




Huffman Jackson Nelson Nichols Patrick Seliger Shapiro Wentworth Williams

Nays iiDavis Ellis Gallegos Hinojosa Lucio Ogden Rodriguez VanideiPutte



Senator Davis again offered the following amendment to the bill


Amend SB 14 by striking SECTION 12 of the bill and substitute with new

SECTION 12 as follows

SECTIONi12 iiSection 63.0101 Election Code is amended to read as follows


following documentation is an acceptable form as proof of photo identification

under this chapter


the Department of Public Safety that has not or a similar document issued to the

person by an agency of another state regardless of whether the license or card has

expired or has expired after the date of the most recent general election


TX00002755JA_001263


2iia United States military identification card that contains the person sphotograph that has not expired or has expired after the date of the most recent general

election form of identification containing the person sphotograph that establishes the

person sidentity



4 United States citizenship certificate papers issued to the person that

contains the person sphotograph or

4i5iia United States passport issued to the person that has not expired or

has expired after the date of the most recent general election


entity

7iia copy of a current utility bill bank statement government checkpaycheck or other government document that shows the name and address of the

voter or


The amendment to SB 14 was again read



YeasiiBirdwell Carona Deuell Duncan Eltife Estes Fraser Harris HegarHuffman Jackson Nelson Nichols Ogden Patrick Seliger Shapiro Wentworth

Williams






Amend SB 14 in SECTION 7 of the bill in amended Section 63.001 c Election

Code page 4 line 6 by adding after the period If in determining whether a voter sname is on the list of registered voters the election officer determines that the voter sname on the documentation is substantially similar but does not match exactly the

name on the list the voter shall be accepted for voting as otherwise required by this

section if the voter submits an affidavit stating that the voter is the person on the list of

registered voters




On motion of Senator Fraser and by unanimous consent the caption was

amended to conform to the body of the bill as amended

Questioni iShall SB 14 as amended be passed to engrossment

AT EASE

The President at 728ip m announced the Senate would stand At Ease until

745ip m


TX00002756JA_001264


IN LEGISLATIVE SESSION

The President at 757ip m called the Senate to order as In Legislative Session

Questioni iShall SB 14 as amended be passed to engrossment

SB 14 as amended was passed to engrossment by the following vote iiYeasi19

Naysi11



Williams




COAUTHOR OF SENATEBILL 272

On motion of Senator Zaffirini Senator Hinojosa will be shown as Coauthor of

SBi272

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate

Memorial Resolutions

SRi93iby Watson iIn memory of Spencer Lloyd Reid

SRi103iby EllisiIn memory of Howard Daniel Boone of Austin

SRi112iby Lucio iIn memory of Luis Romero of Los Fresnos

SRi113iby Lucio iIn memory of David Saenz of Brownsville

SRi114iby Rodriguez iIn memory of John Baylor Van Vranken McKinney

SRi115iby Rodriguez iIn memory of Artemisa Arte Salinas of El Paso

SRi120iby Wentworth iIn memory of Dorothy Paula Levy Katz

SRi121iby Wentworth iIn memory of Geraldine Jerry Traugott of San Antonio

SRi122iby Wentworth iIn memory of Carol Baier Jansen of San Antonio

SRi123iby Wentworth iIn memory of Ladimer Gene Herold of San Antonio

SRi124iby Wentworth iIn memory of Marvin Selig of Seguin and San Antonio

Congratulatory Resolutions

SRi92iby Watson iRecognizing Nancy McClintock on the occasion of her retirement

from the City of Austin

SRi94iby Watson iRecognizing Joe Gieselman on the occasion of his retirement from

the Travis County Transportation and Natural Resources department


TX00002757JA_001265


SRi95iby Watson iRecognizing Ira Iscoe of Austin on the occasion of his 90th

birthday

SRi96iby Watson iRecognizing Pat Murphy on the occasion of his retirement from

the City of Austin

SRi97iby Watson iRecognizing Forrest Nikorak on the occasion of his retirement

from the City of Austin

SRi98iby Birdwell iRecognizing Timothy Karcher for his contributions to his country

SRi100iby West iRecognizing James Lawson for his work in the pursuit of peace and

equal rights for all people

SRi101iby West iRecognizing the Ingram family on the occasion of their 30th annual

family reunion

SRi102iby Deuell iCongratulating Celeste Prather Young on receiving the 2010

Executive Director of the Year Award by Texas Court Appointed Special Advocates

SRi107iby Whitmire iRecognizing Green Chapel African Methodist Episcopal

Church on the occasion of its 100th anniversary

SRi108iby Whitmire iRecognizing the Greenspoint Area Chapter of the International

Association of Administrative Professionals on the occasion of their 59th annual

meeting of the Texas Louisiana Division

SRi109iby Van de Putte iRecognizing Harmony Science Academy on the occasion of

its 10th anniversary

SRi116iby Rodriguez iRecognizing Jose F Cardenas for his contributions to the

profession of engineering

Official Designation Resolutions

SRi104iby Birdwell Harris and Watson iCelebrating February 1 2011 as Baylor

University Day at the State Capitol

SRi117iby Estes iCelebrating February 15 2011 as Grayson County Day at the State

Capitol

SRi118iby Hinojosa and Lucio iCelebrating January 27 2011 as The University of

Texas Pan American Day at the State Capitol

ADJOURNMENT

On motion of Senator Whitmire the Senate at 844ip m adjourned in memory

of Joe Limon Avila John Paul Duncan and Wesley JRice until 845ip m today


TX00002758JA_001266


AAAPPENDIXAA

COMMITTEE REPORT

The following committee report was received by the Secretary of the Senate

January 25 2011

COMMITTEEOF THE WHOLESENATE SBi14

RESOLUTIONS ENROLLED

January 25 2011

SRi34 SRi48 SRi52 SRi55 SRi60 SRi72 SRi81 SRi82 SRi83 SRi84 SRi85SRi86 SRi87 SRi88 SRi89 SRi91


TX00002759JA_001267


In Memory

of

James Paul Duncan

Senate Resolution 56

WHEREAS The Senate of the State of Texas honors and

commemorates the life of Dr James Paul Duncan who died June 9 2009 at

the age of 72 and

WHEREAS James Paul Duncan was born January 19 1937 he

attended the University of Indiana where he earned bachelor s and master sdegrees in sociology and a doctorate in higher education administration

following his service as an officer in the United States Army he began a long

and distinguished career as an educator counselor and administrator and

WHEREAS Dr Duncan joined the faculty of The University of Texas

at Austin in 1970 as dean of students and associate professor in the

Department of Educational Administration he held numerous positions of

leadership at the university including vice president for student affairs and

executive vice chancellor for academic affairs a position he held for 14

years and

WHEREAS After retiring from administrative duties in 1997 he

returned to teaching and was designated the Ashbel Smith Professor of

Educational Administration Dr Duncan was noted for his ability to touch the

lives of his students often going out of his way to work with them and help

them complete theirdegrees and

WHEREAS He also played a vital role in the creation of one of the

nation s first comprehensive counseling centers for students at a major

university he was also part of a group that worked to expand The University

of Texas System to South Texas with The University of Texas at Brownsville

he helped to guide the university through a turbulent political environment

and university leaders regularly sought his advice and counsel and

WHEREAS A man of vision strength and courage he gave generously

to others and his dedication both to his students and to the betterment of the

educational system of our state set an enduring example for all nowtherefore be it

RESOLVED That the Senate of the State of Texas 82nd Legislature

hereby extend sincere condolences to the family and friends of Dr James

Paul Duncan and be it further

RESOLVED That a copy of this Resolution be prepared for his family

as an expression of deepest sympathy from the Texas Senate and that when

the Senate adjourns this day it do so in memory of Dr James Paul Duncan

WATSON


TX00002760JA_001268


TX00002761JA_001269


TEXAS SENATE STAFF SVICESjghl337 LS 140126110 15031912

82ND LEGISLATIVE SESSIONEXCERPT SENATE BILL 14

JANUARY 26 2011

COMPACT DISC 1 SECTION I

1

Lieutenant Governor Dewhurst Presiding

PRESIDENT Chair recognizes Senator Fraser for a

motion.

F S Mr. President I would now move to

suspend all necessary rules to te up and consider Senate Bill 14 at this

time.

Inaudible background conversation

PRESIDENT The Chair recognizes Senator Van de

Putte on the motion.

VAN DE PUTTE Thank you Mr. President and thank

you Senator Fraser. And Senator Fraser we had extensive discussion on

this bill last evening and during the day and I wanna thank you and the

Members of the entire Senate for th--the debate from yesterday. But Id like

to be able to read this statement in light of your motion.

PRESIDENT Senator Fraser Senator Van de Putte

would like to read a statement is that all right with youFRASER Please read the statement.

VAN DE PUTTE Thank you Mr. Ch--Chairman and

thank you Mr. President. The Senate Democrats including those who

represent districts in which minority voters are electing candidates of their

choice and who also speak on behalf of minority voters in this State have

made clear their unanimous opposition to the voter ID legislation that

opposition remains. And no matter the specific time of passage of this bill

the outcome is inevitable and our opposition remains firm. In the interest of

continuing debate on the legislation during appropriate hours however and

to avoid late night debate which the public would find more difficult to

observe we will not oppose a vote to suspend the 24-hour layout requirement.

Debate on this legislation was in the Committee of the Whole consisting of all

31 Members of the Senate. Thus we see little compelling need for such

layout requirement which typically exists to give those Senators not on the

relevant committee opportunity to review legislation. All 31 Senators have

had ample opportunity to review the bill which is the purpose of having a

layout requirement. Thank you Mr. Chairman.

PRESIDENT Thank you Senator Van de Putte.

Background noise

PRESIDENT Senator West for what purpose do you

rise Sir

WEST Mr. Ch--Mr. President at the

appropriate time Id like to have the comments by Senator Van de Putte

spread on the record.


FRASER Youre okay.

DUNCAN No Im really not inaudible not

speaking into the microphone--

JA_001270


TEXAS SENATE STAFF SERVICESjgh13371FLS 140126110 SI1031912


JANUARY 26 2011


2

PRESIDENTMembers--DUNCAN--that they inaudible overlapping

conversation--PRESIDENT --Senator West moves to include the

remarks by Senator Van de Putte in the record. Is there objection from anyMember Senator Duncan.

DUNCAN --I I had a question of Senator Van de

Putte ifI could on the statement.

PRESIDENT All right will Senator Van de Putte

yield--VAN PUTTE I yield.

DUNCAN I I appreciate the fact that were

workin together to try to move this bill and weve talked and worked a lot

but the only thing in your statement that I might have exception to is the fact

that all Members of this Senate represent minority voters. And I wannamake clear that tha--that that is a statement of--of this whole body and not

just of one political party or another. So with that understanding I will go

ahead andpru--and--S Would you like your comments

inaudible not speaking into themicrophone--C--not not have objection. And Id

like my comments put in the record ifwe could.

WHITMIRE Mr. President.

PRESIDENT If I may Senator West in casebecause I see that Senator Zaffirini would like to speak and Senator

Whitmire would like to speak inaudible overlappingconversation--STI I withdraw the motion.

PRESIDENT --withdraw and th--then well come

back to you at the all right.


PRESIDENT All right

we--Inaudiblebackground conversation

PRESIDENT --Senator Zaffirini for what purposedo you rise

ZAFFIRINI For a parliamentary inquiry.

PRESIDENT State your inquiry.

ZAFFIRINI Thank you Mr. President. Id like to

clarify what the motion before us is because when Senator Fraser rode sic I

believe he when he rose he made a motion to suspend all necessary rules to

take up and consider at this time Senate Bill 14. And that was what was on

the marquee but now what we see up there is a motion in writing. I dont

have a motion in writing on my desk. I dont know if other Senators do so

Im not sure what motion is actually before us. If it is the motion that is

related to Senator Van de Puttes statement I understand it but I dont have

it and Im confused because of the motion Senator Fraser made.

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We we have it in writing and it is the

motion that he stated. We can have the Secretary read it.

PRESIDENT Im going to the--the Chair lays out

the motion in writing for the Secretary to read. Madam Secretary if if you

would read this. Its the same motion which Senator but thats a very good

question.

SECRETARY Mr. President I move to suspend all

necessary rules to te up and consider Senate Bill 14 at this time by

Fraser.

ZAFFIRINI So are we moving to suspend the

rules to bring up the bill or simply to postpone the 24-hour layout rule

To bring the bill up inaudible

backgroundconversation--S Mr. President.

PRESIDENT T--To bring the bill up now.

Hell inaudible background

conversation--PRESIDENT Senator Fraser.

FRASER And I believe we--the the will sicthe the bill the the rule that were suspending I I believe is addressing the

layout rule.


ZAFFIRINI So what I want to make sure is that

everybody understands what were voting for.

PRESIDENT I understand.

ZAFFIRINI All right.

PRESIDENT Thank you.

ZAFFIRINI Thank you Mr. President.

PRESIDENT Thank you Senator Zaffirini. Senator

WhitmireiWHITMIRE

I was going to ask a question of

Senator Duncan if he has the Floor

PRESIDENT All right Ill considers sic that

Senator Duncan has the Floor. Will Senator Duncan yield to Senator

itmire

DUNCAN Ill yield toSenator--IIRE SenatorDuncan--DC --Whitmire

I I E --I wanna clarify in your comments to

Senator Van de Putte before you posed the question really a comment. You

said that you felt like all Members on the Floor were attempting to move the

bill forward.

D C Thats correct.

I I E Okay well I wanna strongly disagree

with you that thats not the position of the opposition. Were not voting for

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this rule or this motion because were tryin to move this billforward--NCIunder--IIRE --were tryin to move the process

forward and the only and the distinction is well do it at 920 tonight or at

300 oclock this afternoon but were gonna do everything we can to stop this

bill--DUNCAN--I understandthat--ITIRE --butwe--UC--but--ITIRE --wanna have the discussion in the

middle of the afternoon versus the middle of the morning.DUNCAN--that--IT

I EI--DUNCAN--wasnt mythat--TI E --Iknow--DUNCAN

--thatreally--ITIRE--I--DUNCAN--wa t sic what I intended to say.

IT IRE --you understand.

DUNCAN I just I was intending to I--I was

objecting to the statement to theex--ITIRE AndI--C--tent--IE --respect that.

D C --it said that you know that it implied

that not all Members of this body represent minority interest. That was myobjection and thats what I wanted in the record.

IT IRE Certainly and I think you have a right

to make that record and I heard your feelings but I could not allow yourcomment that were all 31 of us attempting to move this bill forward on the

record without making it very clear that thats n--not the way we feel

towards voting for this motion which allow us to bring it up immediately.

Were very much opposed to the bill which you will get to witness in a

moment. But we do think it good judgment to go forward at this point

versus going into the mid-part of the next morning.

DUNCAN I--I think we can all agree on that and

I think--Inaudible background conversation

D C --we understand that. I had only one

objection to the statement and I wa---made that objection.

PRESIDENT The Chair recognizes Senator West

inaudible motion.

WEST I move Mr. President that the

comments from Senator Van de Putte be spread upon the record.


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PRESIDENT Does that does that include all the

comments made those including Senator Duncan and Senator Whitmire

WEST Senator Van de Putte.


PRESIDENT All right. Members you have a

motion before us bySenator--Inaudible background conversation

PRESIDENT --Senator Duncan.

WEST You wanna do amended motionDUNCAN I wanna amend the emotion sic and

amend amend the motion and also move that my remarks be and Senator

it ires remarks be placed in the record as well.


WEST And I and I have no objections to

Senator Duncans amendment.


Substitute.

You got some amendment.

PRESIDENTThe--Inaudible background conversation

PRESIDENT --all right Members Senator Duncan

has a substitute motion. Were gonna rule on that and go back to and the

motion is to include the comments by Senator Van de Putte Senator Duncanand Senator Whitmire to reduce those to writing and include those in in in

the the Journal. And thats an amendment to your motion All right Is

there objection from any MemberInaudible background conversation

No.

No objection.

PRESIDENT Is there objection from any MemberThe Chair hears no objection and the amendment gavel is e--and the

motion is passed. Now we have a amended motion in front of us byS--SenatorWest to include the

comments--Laughter


PRESIDENT --by Senator Van de Putte the

remarks by Senator Van de Putte by Senator Duncan and by Senator

Whitmire in the record. Is there objection from any Member Chair hears

none so ordered. GavelInaudible background conversation

LaughterVAN DE PUTTE Mr. President.

PRESIDENT Senator Van de Putte.

VAN DE PUTTE Thank you. Parliamentary inquiry.

The--

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VAN DE PUTTE --motion still is the motion in writing

and we have not received the motion in writing in our at our desks and it

would be lovely t--ta sic have it.

PRESIDENT Senator Van de Putte the motions

been been stated by S--by

Senator--Inaudible background conversation

PRESIDENT --by Senator Fraser. Its been read bythe Secretary. Madam Secretary would you read the motion in writing a

second time.


SECRETARY Mr. President I move to suspend all

necessary rules to take up and consider Senate Bill 14 at this time by

Fraser.

PRESIDENT Members you have a motion in front

of you.

Does she still want inaudible

backgroundconversation--VDE PUTTE Question Mr. M--Mr. Presidentan--an

inquiry.

PRESIDENT Senator Van de Putte.

VAN DE P T E In the phrasing of Senator Frasers

motion in writing all necessary rules includes all necessary rules from nowuntil the end or just the 24-hour layout period If its such theres ad--theresa difference because our we are very much i--in favor of having this

debate six hours earlier so that the public can see. But with all ne--all

necessary rules is that also for future votes on this bill

PRESIDENT No. My understanding in on advice

from the Parliamentarian its the layout rule.

VAN DE PUTTE Thank you. The clarification is that

the motion in

writing--Inaudible background conversation

VAN DE PUTTE --is the layout

rule--Inaudiblebackground conversation

VAN PUTTE --for purposeof-Inaudiblebackground conversation

VAN PUTTE --thank you for the clarification.

PRESIDENT Kay.


motion.Z FI INIMr.--PRESIDENTWeve amotion--FIRINI

--President.

PRESIDENT --in front of us. Senator Van de Putte

f--Senator Zaffirini for what purpose do you rise

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ZAFFIRINI For another Parliamentary inquiry.


ZAFFIRINI Im still concerned Mr. President

because there is such a difference between the motion in writing literally as

written and our understanding of what it says and thats why weve asked

for so much clarification. I would suggest that perhaps we amend that

motion in writing to specify specifically th--what the agreement is and that is

that we consider the bill at this point instead of at 930 so that particular

rule instead of all necessary rules because while we may clarify it orally the

record will be that we are voting to suspend all necessary rules and that is

not our intent to at least not the intent of some of us. And I wish I had it in

front of me. I would request that it be distributed at least to those of us who

are interested in this clarification. But I am concerned about the way it is

written and the use of the terminology all necessary rules.

PausePRESIDENT Senator Zaffirini if youd approach

with Senator Van de Putte and and Senator Fraser.

Long pause


FRASER Mr. President.

PRESIDENT Senator Fraser.

FRASER I would like to withdraw my mymotion to suspend at this time.

PRESIDENT Thank you and the Parlimentelliet

sic the Parliamentarian will have a substitute motion for you in just a

second.

Long pause


LaughterI know inaudible background

conversation--LaughterBackground noise

-oh booking Betty talk travel

guys inaudible backgroundconversation--Were not too inaudible background

conversation--YeahIm looking forward to it.

Just in case inaudible background

conversation Watson inaudible backgroundconversation--Inaudiblebackground conversation

sponsor our state parks inaudible backgroundconversation--Pleasedont.

This is weird.

Background noise

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LaughterI think its inaudible background

conversation--No I cant inaudible background

conversation--Noseriously.

Background noise

Looks like following motion in

writing.

PRESIDENT Gavel The Senate will come to order.

The following motion in writing by Senator Fraser the Secretary will read

the motion in writing.

SECRETARY Mr. President I move to suspendSenate Rule 511 and Senate Rule 712 to take up Senate Bill 14 at this timewhich is set as a special order for 920 p.m. today by Fraser.

PRESIDENT Senator Zaffirini for what purposeZAFFIRINI Simply for a question for the author of

the motion in writing.

PRESIDENT Will Senator Fraser yield toSenator--SIwill--PRESIDENT--Zaffirini

FRASER --yield.

ZAFFIRINI Thank you Senator Fraser and thank

you for this new motion And just to be very specific and so that everybodywill understand what we are voting on. Specifically we are voting on

suspending the 24 sic layout rule and the special order rule that we adopted

earlier that is specifically Rule 511 and the printing rule which is Rule 712is that correct

F S That is correct.

ZAFFIRINI And you will make other motions

separately

FRASER Yes.

ZAFFIRINI Thank you Sir. Thank you Mr.

President.

PRESIDENT Thank you Senator Zaffirini.


PRESIDENT Members you have a motion in wr--in

writing in front of you. Is there any objection to the motion in writing in

front of you by Senator Fraser Hearing no objection the motion in writing

is adopted. Gavel Members the Chair lays out on Second Reading Senate

Bill 14. The Secretary will read the caption.

SECRETARY Senate Bill 14 relating to

requirements to vote including presenting proof of identification providing

criminal penalties.

PRESIDENT Chair recognizes--

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Inaudible background conversationPRESIDENT --Senator Fraser Im about to

recognize you. The Chair recognizes Senator Fraser to determine whether or

not you wa a make a statement or whether were gonna go straight to

amendments.

FRASER The only thing I was gonna say is just

give a quick description of the bill that went over last night but I dont evenI think everyone knows what that is if wed like to go straight to

amendments we can. I dont pause le--Members I now lay out Senate Bill

14 and I think theres amendments to the bill. I think well go directly to the

bill. I think everyone is very aware of what the bill does.

Yeah.

PRESIDENT Im showing we have 37 amendmentsso we 37.

Inaudible background conversationPRESIDENT The Chair laysout--Isthat committee amendment

Inaudible background conversationPRESIDENT --the Chair lays out Amendment

Number 1 by Senator Watson. The Secretary will read the amendment.SECRETARY Floor Amendment Number 1 by

Watson Page 1 in your packet.

PRESIDENT Senator Gallegos for wha--for what

purpose do you rise Sir

GALLEGOS Mr. President just point of

information

PRESIDENT Youre recognized.

GALLEGOS Were getting were getting backletters from certain agencies that we asked questions dur--durin the

Committee of the Whole and on on some of em theyre theyre pretty

descriptive and I was wondering whether we could lay em o--put em in part

of the record either durin the amendment or just bring em up to you as we

go--we just got some of these letters today from the Secretary of StatesOffice an--and and some others and I sic just wondering wa--at the proper

time you know when would that be that we coul--that we could enter this

into the record

PRESIDENT It would be up to y--you Senators butI think an appropriate time would to do that Senator Gallegos would be

after we have gone through the amendments and then go ahead and present

any additional information for the record.

GALLEGOS And thats thats the ruling of the

Chair I I dont see Senator Duncan here. I wondered if he wouldnto--object.Long pause


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PRESIDENT Im advised by the Parliamentarian

Senator Gallegos that when the bill was reported out of the Committee of the

Whole last night at approximately 920 that that record is closed. So

individual submissionswould have to be by a motion from different Membersand voted on by the body kay

GALLEGOS Thank you Mr. President.

PRESIDENT Yes Sir yes Sir. Senator Davis for

what purpose do you rise

DAVIS Parliamentary inquiry.


DAVIS It was my understanding that

yesterday when we were meeting in the Committee as a Whole we had made

an agreement that written responses to the questions that were asked duringthat hearing would be entered into record as a part of the Committee of the

Whole record and I think what Senator Gallegos is referring to our written

responses that weve received yesterday from the Secretary of States Office

in response to questions that were asked as part of that committee hearing.

PausePRESIDENT Senator Davis I heard the same

exchange I dont see a problem with that but why dont we bring that upwhen Senator Duncans back on the Floor as the Chair all right

DAVISSure--PRESIDENTSo--DAVIS--thank you.

PRESIDENT --I think the proper time to do that

would be when we go through these 37 amendments and then address the

concern that Senator Gallegos an--and you just rose. I I dont thinkthats--SThank you Mr. President.


PRESIDENT --before us is Floor Amendment

Number 1 by Senator Watson. Im gonna recognize Senator Watson to Chair

recognizes Senator Watson to explain Floor Amendment 1.

WATSON Thank you very much Mr. President.

Members yesterday during the meeting of the Committee of the Whole over

and over again the discussion was that the purpose of the purpose behind

this bill was to preserve and protect the integrity of the ballot. And no one on

this Floor doesnt want to prevent voter fraud and to protect the integrity of

the ballot. And I hope and want to believe that theres also no one on this

Floor that wants to suppress a persons right to vote. Amendment Number 1

would strike at the very heart of both of these goals. It would stark sicstrike at the heart of preventing fraud and it would do it without making it

more difficult for honest people to vote. In fact it would also prevent acts of

suppression by saying that it would become a first degree felony if a person

impersonates or attempts to impersonate another person or uses or

attempts to use the identity of another person for the purpose of voting in any

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11

election in this State. It goes on and provides an--several acts of voter

suppression that if those acts are carried out they also would result in a first

degree felony. It would also do this by the way without the requirements of

additional money being spent as we discussed yesterday. So Mr. President

I move adoption of Floor Amendment Number 1 so that we can protect the

integrity of the ballot without jeopardizing making it more di--making it

more difficult for honest people to vote. Pause Ive moved adoption of of

Floor Amendment Number 1.

Senator Ogden Presiding

PRESIDENT Chair recognizes Senator Fraser on

the amendment.

FRASER Senator I think the the intent

probably of everyone on this Floor is that we wanna make sure that the

legislation were were passing protects the publics confidence in election

and deterring and and detecting voter fraud. I think the bill that Imbringing forward carries forward my intent on this. By doing this youre

striking below the enacting clause and basically replacing all the language

with enhanced penalties. Im Im sorry I I the the what were bringing

forward I think probably is the well what wed intended and and is the

the best solution. Members Im gonna be opposing this. I would now move

to table this amendment by Senator Watson.

PausePRESIDENT Senator Fraser Senator Watson.

Long pause

Background noise

Last time inaudible not speaking into

the

microphone--Inaudiblebackground conversation

PRESIDENT Members Senator Fraser has made a

motion to table the Watson Amendment. Senator Watson youre recognized

to close.

WATSON Thank you Mr. President.

Members--SenatorZaffirini inaudible not

speaking into the

microphone--WATSON--if the goal of this body is to preserve

the integrity of the ballot by preventing voter fraud and I believe we all want

to prevent voter fraud I doubt no one in that regard. And if we want to

make sure were not having the unintended consequence of suppressing an

honest persons right to vote. In fact ifwe wanna go far enough as to say we

dont want to suppress an honest persons right to vote then this amendment

will achieve those goals. And it will avoid the potential unintended

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consequence of suppressing someones right to vote. It would also do it in a

way where we dont have to answer all of the difficult questions or

apparently difficult questions related to the cost of Senate Bill 14. movethat you vote no on the motion to table or I ask you to.


PRESIDENT All right the motion is to table Floor

Amendment Number 1. Secretary call the roll.

SECRETARY Birdwell. Carona. Davis. Deuell.

Wheres inaudible background

conversation--SECRETARY Duncan. Ellis.

PRESIDENT Announce the vote.

SECRETARY Eltife. Estes. Fraser. Gallegos.

Harris Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols.

Ogden. Patrick. Rodriguez. Seliger. Shapiro. Uresti. Van de Putte.

Watson. Wentworth. West. Whitmire. Williams. Zaffirini.

PRESIDENT There bein 19 ayes and 11 nays the

motion to table prevails. GavelZAFFIRINI Mr. President.--PRESIDENTSenator Zaffirini for what purposeZ FI I I Parliamentary inquiry.

PRESIDENT --do you rise

ZAFFIRINI Parliamentary

PRESI ENT Parliamentary

I INI --inquiry.

PRESIDENT --inquiry go ahead.

ZAFFIRINI Thank you Mr. President. Mr.

President in my notebook for todays proceedings which my staff prepared

for me I have the committee printing of Senate Bill 14. However I noticed

that the bill as introduced and as signed by the 19 coauthors was

distributed to all of us I believe on the Floor and we have also received our

packet of amendments. My question is which bill are we working from

today Are all of the amendments in the packet related to the bill as filed or

to the committee printingPRESIDENT We are working off the bill that has

been distributed to you which is the filed version.

ZAFFIRINI The filed version which is the double

spaced version and not the committee printing which is the single spaced

version correct

PRESIDENT Yes Maam.ZAFFIRINI Correct.

PRESIDENT An--And my question is have you are

you aware of any differences other than the spacing

ZAFFIRINI Well yes. For example in one of the

amendments let me point it out on age 4 of our committee packet there is

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an amendment by Senator Lucio. On Line 7 it refers to Page 2 between Lines

23 and 24. Well theres different information on Page 2 of the double spacedversion versus Page 2 between inaudible and 23 of the single spacedversion. So so long as we know which version were working off of thats

fine.

PRESIDENT All right well to the extent that

theres confusion please ask. But its the intent of the Chair to go over the

filed version and i--in--in case you recognize a discrepancy between the

amendment and the filed version please point it outbut--FIINI All rightbu--PESI ENT --goin off the filed version.

ZAFFIRINI --o the filed version the double

spaced version.

PRESIDENTYes--ZFI I I Thankyou--PRESIDENT--Maam.

ZAFFIRINI --Mr. President.

PRESIDENT The following amendment the

Secretary will read the amendment.


SECRETARY Floor Amendment Number 2 by Davis

is not in your packet. Amends Senate Bill 14 by adding the following

appropriately numbered section.

PRESIDENT All right well take a moment for that

to be distributed.

PauseIm takin a moment.

PRESIDENT Okay Senator Davis youre

recognized on your amendment

DAVIS Thank you Mr. President. This

amendment simply states very clearly that the intention will be at the

Department of Motor Vehicles an affirmative requirement will exist for the

Department of Motor Vehicle personnel to inform a person who has applied

at the DMV office for a state ID that if the application for the state ID is for

purposes of voting they can be offered that for free. It simplyshifts the

burden to the employee of the DMV rather than for the person who comes into be equipped with the knowledge that they have to ask for the free in

order to receive it for purposes of voting. Pause I move adoption of Floor

Amendment Number 2.

PRESIDENT Senator Davis moves adoption of Floor

Amendment Number 2. Senator Fraser is recognized on Floor Amendment

Number 2.

FRASER Members this is obviously

amendment I had not seen that looks like that there is a large expense to

this. It would cost as a result of this I would now move to table.

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PRESIDENT Senator Va--Fraser moves to table

Floor Amendment Number 2. Senator Davis is recognized to close on her

amendment.

DAVIS Thank you Mr. Chair. Yesterday

when we had a conversation about the intention of Senate Bill Number 14 it

was stated in the record that it was our intention that any person who

comes into or the bill authors intention that any person who comes into the

Department of Motor Vehicles would be informed that they could get a state

ID for free if they were requesting that form for purposes of using it or using

that ID for voting. If we do not intend to inform people as they come to the

DMV to make the request for that state ID that they can be given the ID for

free if they intend to use it for voting then we have completely rendered

meaningless the intention of that rule as was stated in the Senate bill layout

yesterday. I do not believe this adds any cost to the bill whatsoever if we

are true to the authors stated intention that persons who come into the

DMV applying for a state ID for purposes of voting are made aware that that

can be given to them for free by the DMV personnel. I move adoption and ask

for a no vote on the Floor the move to table the Floor Amendment Number 2.

PRESIDENT All right Sendador sic clears

throat Fraser moves to table Floor Amendment Number 2 the vote is on the

motion to table. Secretary call the roll.


Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa.

Huffman. Jackson.

Got my inaudible not speaking into

the

microphone--SECRETARY Lucia. Nelson. Nichols. Ogden.

Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson. Wentworth.

West. Whitmire. Williams. Zaffirini.

PRESIDENT There are 19 there bein 19 ayes and

11 nays the motion to table prevails.


PRESIDENT Ready The following amendment


SECRETARY Floor Amendment Number 3 by Lucio

Hinojosa and Gallegos. This is on Page 4 in your packet. Amend Senate Bill

Number 14 in Section 3 of the bill.


Senator Lucio.

PRESIDENT The Chair recognizes Senator Lucio on

Floor Amendment Number 3.

LUCIO Thank you Mr. President. Membersthis amendment simply adds a requirement that all posting notices for this

bill be both in English and Spanish. As youve heard over the last several

Sessions this legislation disproportionately affects minority voters

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particularly Spanish speakers in my district and all along the Border.

Inaudible background conversationLUCIO According to a study by the Brennan

Center 16 percent of voting age Hispanic citizens do not have a current

government issue sic photo ID twice the percentage of White citizens.Se--further63 percent of Hispanic women do not have a voter ID. Thats what Iwhat it does and Id like to move adoption.

Senator.

PRESIDENT Wait Senator Senator G--Gallegos

moves adoption of Floor Amendment Number 3.

Gallegos

Lucio.

Inaudible background conversationPRESIDENT I mean Se--oh Im

sorry. SenatorLucio moves adoption of Floor Amendment Number 3.

Oh.

F S Uh M--Members Im Im Im gonnaask

Senator--PRESIDENTChair--SER--Lucio--SIDENT

--recognizes Senator Fraser on the

motion.

FRASER --the the description you just gaveyou you have two amendments The one youve just described was the

second amendment which was the Spanish amendment. This is the

amendment that would say this would be relatingto--This

is actually inaudible

backgroundconversation--SER

--requiring the county clerks to post

in in the any language which the voter registration materials are available.

So thi--this you you Im Im the amendment before us Im gonna acceptbut the description you just did is not correct.

LUCIO Well the amendment that Im talkin

about is is the one in your packet thats that simply r--underlines Web site

and add English and Spanish that the county clerk of each county shall post

in the prominent location in the county clerks office a physical copy of the

notice prescribed by Section A in English and Spanish. Thats it.


FRASERis--Inaudible background conversation

FRASER--they--LUCIOHold up.FRASER --theyve got the wrong amendment

O.Senator Gallegos.

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This is Gallegos inaudible not

speaking into the

microphone--Oh Im sorry inaudible not speaking

into the

microphone--Theythey they screwed it up.

Inaudible

They screwed it up.


Oh yeah.

Inaudible not speaking into the

microphone

Page 4 is what were on.

Didnt I just warn you about it.

They may call the wrong name and

use another inaudible not speaking into the

microphone--Inaudiblebackground conversation

I know this is

inaudible--Buttheinaudible--Inaudiblethe agency.

I dont inaudible not speaking into

the

microphone--LUCIOI think theres Mr--Mr--Mr. Mr.

President


LUCIO --I think theres b--been a mix up in

two amendments one by Senator Gallegos and one by me.

PRESIDENT All right. Lets do this lets back up.

Would you withdraw your motion toadopt--LUCIOI moveto--PRESIDENT--FloorAmendment--LUCIO

--withdraw--PRESIDENT--Number 3LUCIO --I --I move to withdraw adoption on

the amendment that

I--Inaudiblebackground conversation

LUCIO --described right here at this time.

PRESIDENT Okay.Members--Inaudiblebackground conversation

PRESIDENT --Senator Lucio has withdrawn his

motion. Were still on Floor Amendment Number 3. We will ask the

Secretary to read the amendment in full.

SECRETARY Floor Amendment Number 3 amend

Senate Bill Number 14 as follows. In Section 3 of the bill an added Section

31.012 parens A Election Code Page 2 Line 19 between Web site and the

period insert in each language in which voter registration materials are

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available. In Section 3 of the bill add a new subsection to added Section

31.012 Election Code Page 2 between Lines 23 and 24 to read as follows all

new language parens C the county clerk of each county shall post in a

prominent location at the clerks office a physical copy of the notice

prescribed under Subsection A in each language in which voter registration

materials are available by Gallegos.

All right. The Chair recognizes

Senator Gallegos on his amendment.

GALLEGOS Thank you Mr. President. Mr.

President this amendment thats also sponsored by Senator Lucia and andSenator Hinojosa that it allows it simply specifies that on the voter

education materials that will be available on the Secretary of States Website and various county Web sites that wi--itll be available in the languagesin which voter registration materials are available. And the amendment

requires that the education materials are posted in the county clerks office in

each language. For example Harris County right now has it in EnglishSpanish and Vietnamese and and all Im doin is clarifying here Membersthat the it assures that the educational materials informing citizens aboutthe changes to election procedures will be available in those languages as

well. And I believe its the amendment is acceptable to the author.

PRESIDENT Chair recognizes Senator Fraser onAmendment Number 3.

FRASER And Senator Gallegos Lucio and

Hinojosa yes this amendment is in keeping with according to the Secretaryof State by federal law the the counties ar--are are doing this and this is a

good m--amendmentand it is acceptable.

GALLEGOS Thank you.

PRESIDENT Senator Gallegos moves that Floor

Amendment Number 3 be adopted. Its acceptable to the author. Is there

any objection Chair hears none gavel amendments adopted.


Thats the one inaudible not

speaking into the

microphone--PausePRESIDENT The following Floor Amendment

Number 4 by Lucio. Secretary will read the amendment.

SECRETARY Floor Amendment Number 4 by Lucieamend Senate Bill Number 14 as follows in Section 3 of the bill. This is Page5 in your packet.

PRESIDENT Senator Lucio is recognized on Floor

Amendment Number 4.

LUCIO Mr. President and Id like to see a

copy of the amendment that you have there because I wanna make surecause Im gonna make a motion to pull it down ifits the one thatI--PRESIDENT.

Okay.

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LUCIO --described a little while ago.

PRESIDENT Just come on up.

Since we just passed the one with all

languages. Dudnt sic he need to withdraw that


Okay you explain it to him.

He was talkin bout before weinaudible not speaking into the

microphone--Inaudible not speaking into the

microphone

LUCIO Mr. President and Members since the

Gallegos amendment was accepted by Senator Fraser this amendment is nolonger ned--it--needed so Ill pull it down at this time Sir.

PRESIDENT All right. Thank you. Senator Lucio

withdraws Floor Amendment Number 4. Following amendment Floor

Amendment Number 5 the Secretary will read the amendment.SECRETARY Floor Amendment Number 5 by

Zaffirini amend Senate Bill 14 in Section 3. This is Page 6 in your packet.PRESIDENT Chair recognizes Senator Zafrini--IR

I Thankyou--PRESIDENT--on the amendment.

ZAFFIRINI --Mr. President. Mr. President and

Members this is a similar amendment. However it would provide that the

notice of the photo ID requirements be posted separately from all other

notices required by state and federal law. It would re--preclude the notice

being tacked on at the bottom of a longer notice such as the federal HelpAmerica Vote Act that is a notice required at each polling place. I dont knowabout you Members but when m reading something important like this I

like to see the most important information first. Accordingly it is worthy of

being posted separately not buried at the end of a lengthy dense federal

notice. Mr. President and Members I move adoption of Amendment Number5.

PRESIDENT Senator Zaffirini moves adoption of

Amendment umber 5. Senator Fraser is recognized on the motion.

Background noiseFRASER Members were we actually havin a

discussion about this one. Im just tryin to make sure that this is not an aunfunded mandate on the counties but itd sic believe I believe the

counties this is something that they would be expected to do and I think its

just instructions to the counties. I I think Ill go ahead and accept this.

ZAFFIRINI Thank you rn--S--Senator Fraser.

PRESIDENT All right Senator Zaffirini movesadoption of Floor Amendment Number 5 is acceptable to the author. Is there

any objection Chair hears none gavel amendments adopted.

Z FI I I Thank you Mr. President and

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Members and Senator raser.


Secretary will read the amendment Floor Amendment Number 6.

SECRETARY Floor Amendment Number 6 by Davis

amending Senate Bill 14 in Section 7 of the bill this is not in your packet by

adding the following language. If in determining whether a voters name is

on the list of registered voters the election officer determines that the voters

name on the documentation does not match exactly the name on the list the

voter shall be accepted for voting as otherwise required by this section if the

voter submits affidavit stating that the voter is the person on the list of

registered voters.

PRESIDENT Chair recognizes Senator Davis on the

amendment.


amendment seeks to provide an opportunity for a voter to continue with their

desire to vote by correcting a misspelling of their name on the voting list or

an error in the way their name is listed. This concern particularly arises in

the Hispanic community where maiden names are added often to married

surnames in a way that can sometimes create a confusing record for the

election officer. I move adoption of the Floor Amendment Number 6.

PRESIDENT Senator Davis moves adoption of Floor

Amendment Number 6. Senator Fraser recognized on the motion.

FRASER Senator this we had asked everyone

to please submit amendments so we would have sufficient time to to go over

and ask em. The the amendments sic youre laying out I believe is

covered under the current policies of the Secretary of State. I think this was

something sic was talked about and they currently cover this. Andther--theresrules determining this. Based on the fact that we got this so late wedont have time to research it and I believe it is under current law I would

now moveto--PRESIDENTSenator--S

to table the motion.

PRESIDENT --Senator before you make that

motion would you like to pull down this amendment temporarily to see ifyoucan resolve the uncertainty

DAVIS Be happy to do that Mr. President.

PRESIDENT Is thatall--SThank you.

PRESIDENT --right with you Senator Fraser

FRASER Sure.

PRESIDENT All right Senator Fraser withdraws

his motion to table. Senator Davis temporarily withdraws Floor Amendment

Number 6.

Well this inaudible not speaking into

the microphone--

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SECRETARY Floor Amendment Number 7 by Van

de Putte on Page 7 in your packet amending Section 63.01 D.

PRESIDENT All right the Chair recognizes Senator

Van de Putte to explain her amendment.

VAN DE E Thank you Mr. President. Mr.

President and Senator Fraser this is the college student amendment. Andthe rationale for this is that the amendment makes sure that the election

officer really uses the photo identification for identification purposes only.

Its the photo it matches up its what weve been talking about for the past

few days about fraud. In this amendment the election officer may not

consider whether the address matches the address shown on the voter

registration. And its es--especially important for our college students. This

past September I was informed by my six-foot-five baby who is a junior at

AM that he was changing his voter registration somehow or another

convinced that he needed to be able to vote for the current president pro

tempore and abandoning his mother.

LaughterVAN DE PUTTE He is at AM but decided that the

elections in that particular community which he has lived for three yearsthat he felt more akin to that and therefore would for the first time vote in

Brazos County and not in Bexar County. Now my son Paul is like manyother college students. When college students usually keep their parents

address they do so because thats.their permanent record because they maylive in a dorm they may live in apartment sometimes they change dorms.

But what they do is they keep for drivers license purposes as is their

insurance they keep their ho--their

parents---hum.

VAN DE PUTTE --home address. And so when college

students register to vote in the cities in which they reside attending the

university like my son decided he needed to vote for the Senator from that

area that it was very difficult I think if it was a f--this law was in place

because my sons residence in the drivers license is listed in st--in Bexar

County in San Antonio. This is especially important for our students

though all over. But ifyou think about the students at Prairie View AM.Prairie View AM it is a historically Black college a very proud tradition in

our State with a history that begin sic because of discrimination and now

has to be funded and we enjoy and we are so proud of those students. Nowif you look where Prairie View AM is located most of the students that go

to Prairie View AM do not come from that county that particular area. In

fact they come from all over the State. And as a historically Black college it

is very important for those students should they choose to register at the

location of Prairie View AM that they not be turned away from their right

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to vote because of a difference in the address. This amendment ensures that

our college students including my Aggie Paul may would not be prohibited

from voting because their photo identification does not match the addressbecause of on the registration. And so I would ask that you would consider

this for our college students. This makes sure especially with our youngstudents that they are not disenfranchised by this Bill SB 14.

PRESIDENT All right SenatorFraser--SERSenator I Iagree--PRESIDENTinaudible overlapping

conversation--SER--I wanna make sure that if the

student shows enough initiative that theyre theyre tryin to vote and they

registered in the area that we make sure we get em to to vote. The goodthing about this this is current practice. You know we have this has

already been taken care of now under the the current practice of the

Secretary of State. The election worker is always required to ask the address

on the voter registration roll is current and they ask the person that nomatter what the documentation is shown. I I appreciate your intent butweve already covered we this is already covered under current practice. I

would move to

table--PRESIDENT--waitwait--FRASER--the motion.

PRESIDENT --wait a second. We dont have a

motion. Senator Van de Putte youre recognized for a motion on Floor

Amendment Number 7.

VAN DE PUTTE Well thank you very much and and

since were in uncharted territory on photo ID this would this is more like

belts and suspenders. And I know that as part of the training that they

would be able to do that. But Im onna sic tell you when my son went to

vote and cast his ballot he was questioned just this past November why he

had his voter registration card that was brand-new and issued to him andhe got it barely in time and yet his drivers license because he left he left

and he was not on the original roll. When they looked at the addendumssince he was the last person he he actually registered within the last 24

hours that was available to do so they had to look on a secondary list because

he was a brand-new registrant. And so they asked him and he did produce

they did have addendum there that said Paul Xavier Van de Putte theycouldnt find hi And do you know why they couldnt find him Because

someone who had entered in the data had put in V-A-N space D-E spaceP-U-T-T-Ewhen they shouldve put in Van de Putte all at the end so he waslisted under Paul Xavier and then Van but they miss di--so they could--they

didnt put him in. So because of that compounding error he was on an

addendum and they asked rightly so well you know youre here youreVan- And he said no and he took out his drivers license. At that point he

was questioned because his drivers license was listed in Bexar County in

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1616 West Mulberry. And so I bring this up because while we think

everything is cut and dry Members it is not. We have so many election

judges. We pay them minimum wage. We and were fixin to cut that by two

dollars an hour in in the current budget and the training that takes placeand so I wanted to make sure that my son even though youre youre

correct its in there and theyre supposed to do it. This is just belts and

suspenders so thank you. I I appreciate that. I wouldntve brought this upexcept for my son Paul.

PRESIDENT Senator Van de Putte moves adoption

of Committee Amendment Number 7. SenatorFraser--FRASERM--Mr. Chairman I didnt hear a

motion. Did you make amotion--PRESIDENT

----S--or di--will you pull it downPRESIDENT --Ive been told by the Parliamentarian

that Ive been incorrect. Its assumed she made thatmotion--VANUTTE I move toa--PRESIDENT--inaudible--VANDE PUTTE --I move adoption of Committee

Amendment Number 7 and then you move to table is that correct

PRESIDENT --thats correct but I just clarify for

the Senators its not required for her to make a motion. The amendment is

on the Floor and its assumed that that motion has already been made. SoSenator Fraser youre recognized for a motion

FRASER Senator thank goodness your son got

to vote. An--And its g--Im glad wevegot--Sure.

FRASER --a system in place that does that.

VAN DE PUTTE Votin for inaudible overlapping

conversation--FS Thank you for your input and I would

now move to table the amendment.


PRESIDENT All right Senator Fraser moves to

table Floor Amendment Number 7. Senator Van de Puttes recognized to

close.

VAN PUTTE Thank you and I wont belabor the

point but Members I ask you to consider our college students and

particularly those who wa--we want them to get en--engaged in the civic

process. Again this is in current practice on the books but just having this

extra I think would add e--a--added weight and I ask you to vote no on the

motion to table.

PRESIDENT All right the motion is to tableCo--loorAmendment Number 7 Secretary call the roll.


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Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hincjosa.

Huffman. Jackson. Lucio. Nelson. Nichols. Ogden. Patrick. Rodriguez.

Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire.

Williams and Zaffirini.

PRESIDENT There being 19 ayes and 11 nays the

motion to table prevails. Gavel Pause The following amendment the


SECRETARY Floor Amendment Number 8 by Davis.

This amendment is being passed out. Its not in the packet. Amend Senate

Bill Number 14 in Section 7 amended Section 63.01 D of the Election Code.

PausePRESIDENT All right Senator Davis youre

recognized on Floor Amendment Number 8.

DAVIS Mr. President I apologize. I thoughtthis was amendment that we had pulled down its duplicative of the floor

amendment that Senator Van de Putte made a moment ago and I will pull

this--PRESIDENT

DAVIS --floor amendment down.

PRESIDENT --Senator Davis withdraws Floor

Amendment Number 8.

Long pause

Background noise


microphone you aint inaudible not speaking into the microphone for that.

HumInaudible background conversation

LaughterPRESIDENT The following amendment the


SECRETARY Floor Amendment Number 9 by

Hinojosa. This is being passed out. Its not in your packet. Amend Senate

Bill 14 in Section 9 of the bill by striking added Section 63.01--012 C and

replacing with the following this section expires September 1 2017.

PRESIDENT Chair recognizes Senator Hinojosa on

his amendment.

HINOJOSA Thank you Mr. President and

Members. If youd notice in Senate Bill 14 theres a section that requires for

the election officer to direct a voter who doesnt have proper identification to

the place where he ca--where he or she can get a free photo ID. But this

section expires September 1st 2013 under the bill. My amendment changes

the Sunset date to September 1st 2017. I just feel that we need more time to

educate and it--and require the election officer to notify those voters who

dont have a photo ID be directed to the proper place where they can acquire

one. I move adoption.

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PRESIDENT Senator Fraser youre recognized on

the motion.

FRASER Senator if you could give me one

second. Im looking up m n sure it matches up. I I think Im okay but I

wanna look at this.

HINOJOSA Thats on Line 24 Page 5. Im just

changin the date. You have a Sunset date of September 1st 2013. Myamendment moves that to September 1st 2017.


Is this Floor Amendment Number 9 is

that right

Yes.

I dont think it does inaudible not

speaking into the

microphone--Long pauseFRASER Senator this is yeah and this is a

good amendment. This is one that I like. Itll actually you know were I I

agree with you that itll allow more time. This this amendments acceptable.

HINOJOSA Kay I move adoption Mr. President

and thank you.

PRESIDENT All right. Senator Hinojosa moves

that Floor Amendment Number 9 be adopted. It is acceptable to the author.

Is there any objection Gavel Chair hears none the amendments adopted.

Following amendment the Secretary will read the amendment.


Zaffirini. This is Page 9 in your packet. Amending Section 7.


PRESIDENT Chair recognizes Senator Za a ini on

the amendment.


President and Members Senate Bill 14 as introduced provides only one

exception to allow votes to be accepted when they are cast by persons who do

not have photo ID. That exception is if they are older than 70 by January

1st 2012. During our public and invited testimony yesterday we heard from

several persons who felt that the burden of Senate Bill 14 would prevent

either them or their loved ones from having their votes counted. This

amendment addresses those concerns. Generally Amendment 10 would

allow all persons who possess a voter registration certificate and whose

names are on the precincts voting rolls the ability to have their votes

accepted for counting if they execute affidavit under penalty of perjury

stating that the voter is the person named on the voter registration

certificate. This affidavit would be in a form prescribed by the Secretary of

State and must include the voters name address date of birth and

signature. For supporters of Senate Bill 14 please know that there already

some sections within the bill that allow for affidavits in certain

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circumstances. Youll see those in Sections 10 11 15 and 13 in the bill. Wealso heard that other states that have similar laws such as that that we are

considering have amendments such as these attached to those bills.

According to the National Conference of State Legislatures for example at

least half of the states that require photo ID allow an affidavit to be used in

lieu of that photo ID. This amendment ensures that low income personsminorities and persons with disabilities have the opportunity to have their

votes counted even if they do not have a photo ID. Mr. President I moveadoption of Amendment Number 10.

PRESIDENT Senator Zaffirini Senator FraserSenator Duncan.

Long pause

Background noise

HubInaudible background conversation

Oh I dont know inaudible not

speaking into the

microphone--Yeah.

Inaudible background conversationHubBackground noise


We have several inaudible

backgroundconversation--Background noise


Yeah.

Laughter


Coughing in backgroundPRESIDENT All right.

Members--Coughingin backgroundPRESIDENT --Senator Z ri has explained

Committee Amendment Number 10 and has made a motion to adoptCommittee Amendment Number 10. Senator Fraser youre recognized on

the motion.


microphone

FRASER It--has a motion beenmade--Yes.FRASER to me Senator the the amendment

youre laying out would eliminate this as a true photo bill. As I said

yesterday weve had two more years since two years ago to see that photo

ID is working in other states. And weve had two years to see that voterstr--fraudis still a problem. I believe that that a pure photo ID bill is simpler

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and less confusing for the voters. I would now move to table the AmendmentNumber 10.

PRESIDENT All right Senator Fraser moves to

table Floor Amendment Number 10. Senator Z rii recognized to close.


President and Members and I urge you to vote to adopt this amendment. It

is very specific and quite frankly it is difficult t--m--for me to understand

how or why you would vote against it. It specifically applies to persons whohave a voter registration certificate and whose names are on the precincts

voting rolls. They have the ability and should have the ability to have their

votes accepted if they acs--if they should execute an affidavit under penalty

of perjury stating that the voter is the person named on the voter

registration certificate. It is very simple. It applies only to persons who do

not have a voter ID. Many of those persons are low income families are

minorities and are the elderly and I would hope that you would support this

bill this amendment and vote no on the motion to table


PRESIDENT Members Senator Fraser moves to

table Floor Amendment Number 10. The vote is on the motion to table.

Secretary call the roll.


Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa.

Huff-man. Jackson Lucia. Nelson. Nichols. Ogden. Patrick. Rodriguez.

Seliger. Shapiro. Van de Putte. Watson. Wentworth. West. Whitmire.

Williams and Zaffirini.

PRESIDENT There being 18 ayes and 12 nays the

motion to table prevails.

Z FI INI Thank youMr.--Gavel

ZAFFI I I --President.


Had one R inaudible not speaking

into the

microphone--Huh--we had one R that went with emBut it

wasnt--Eighteento twelve.


WENTWORTH r. President.

Inaudible failed.

Oh.


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PRESIDENTSenator--Inaudible background conversation

PRESIDENT --Wentworth for wha--what purposeWENTWORTH My understanding that the motion to

table passed. It was just announced.

Inaudible background conversationMotion to table prevailed

Okay.PRESIDENT Yes. I think Senator Ogden used the

word prevail but but yes it it passed prevails yes. The following floor

amendment Floor Amendment Number 11 by Senator Davis and SenatorEllis. The Secretary will read the amendment.

SECRETARY Floor Amendment Number 11 byDavis. This is not in your packet and is being passed out. Amend Senate Bill

14 in Section 7 of the bill.

PRESIDENT Do th--do you Members have a copy of

the the amendment Does everyone have it All right. Chair recognizes

Senator Davis to explain Floor Amendment 11.


amendment arises as a result of the conversation that we had yesterday and

concerns that were put into the record as part of the Committee of the Whole

hearing regarding women who may have experienced a name change due to

marriage or divorce who come to the polling place to vote with ID that

may have a name that is different than that which appears on the registered

voter list as a consequence of that marriage or divorce. It allows the womanto either provide a copy of her marriage license or divorce decree or to

execute affidavit affidavit stating that her name as on the precinct list

of registered voters is correct but has been changed due to marriage or

divorce which is not yet reflected on her ID. I move adoption of Floor

Amendment Number 11.

PRESIDENT Thank you Senator Davis. The Chair

recognizes Senator Fraser

FRASER M--Members the everything thats

laid out here Im first of all Im gonna comment that anyone that is asomeone coming forward and if is a woman and they present a marriagelicense or divorce decree you know obviously we want em to vote but this

is also current policy of the Secretary of State and the counties. They you

know they ask that. And if this was given were doing this under current

law. I would I would move to table the Amendment Number 11.

PRESIDENT The Chair recognizes SenatorDavis--DAVISThank you Mr.President-PRESIDENTinaudible overlapping

conversation--S--I would I would argue that that is

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actually not the case Today because a voter is not required to show a photo

ID the situation does not arise if theres a difference between the photo ID

name and the name thats on the voter list. This is trying to cure the problemthat will be created when every voter is asked to provide their voting IDtheir photo ID their state-issued when they go to vote. It absolutely is the

case that under that rule a woman presenting a photo ID with a namedifferent than that on the voter roll may not be accepted for voting if we do

not clarify that that must occur. And I would move that we o--oppose the

motion to table Floor Amendment Number 11.

PRESIDENT Senator Hi--Hi--Hinojosa for what

purpose do you rise

HINOJOSA To ask see if Senator Davis will yield

for a questionPRESIDENT Theres been a motion to to table.

Senator Fraser Senator Fraser in order to permit Senator Hinojosa a an

opportunity to ask Senator Davis a question do you mind temporarily

withdrawing y--your motion to table

FRASER Uh.


microphone

FRASER I will. D--will that give the

opportunity if I withdraw my motion will that give her the opportunity to

close again I I think what Id rather do is just allow Senator Hinojosa if he

wants to ask kestion sic I would yield to Senator Hinojosa.

HINOJOSAHu--Inaudible background conversation

FRASER Im Im Im offering to allow him to

ask a question of of--He cant do that when theres

inaudible overlappingconversation--PRESIDENT

Well on the screen actually Senator

Ellis also wishes to to ask a question so youve got Hinojosa you have

Senator Hinojosa a--and Senator Ellis who would

like--Inaudiblebackground conversation

PRESIDENT --to speak to ask Senator Davis a

question.

Uh--SIT But y--but your motion to table

prevails so its up to you what you wanna do.


YieldIts no big deal.


FRASER Members the the table to motionn--n--ma--motionto table is not a debatable motion. There was an opportunity

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earlier before I made the motion that if someone had a question of the

author that wouldve been the appropriate time to do that and we do this

every day. So I dont Im gonna withdraw my motion to table but this is

highly irregular because there was an opportunity when the motion was laid

out before I was recognized on the motion that if someone wanted to speakthey couldve asked a question. Is that not correct

PRESIDENT That is correct.

FRASER I will now withdraw my motion to

table.

PRESIDENT The Chair Senator H--Hinojosa for

what purpose do you rise

HINOJOSA To ask Senator Davis a question. She

yield

PRESIDENT Will will Senator Davis yield to

Senator Hinojosa

DAVIS Yes Mr. President.

HINOJOSA Senator Davis you heard that theSe--Secretaryof States Office have a policy that would allow this practice as youset out in your in your amendment but in real real life and al--and andwhat the law states is that ifyou have a policy and the statute doesnt allowthat means that the that the law will prevail and not the policy. Isnt that

correct

DAVIS Yes thats correct.

HINOJOSA So the so the fact if its not on the

statute itself then it cannot be done.

DAVIS That is absolutely correct. And theres

certainly no requirement that it be put into a policy ifits not written into the

law.

HINOJOSA Thank you.

DAVIS Thank you Senator Hinejosa.

PauseInaudible background conversation

PRESIDENT Senator Ellis for what purposeELLIS Will Senator Davis yield for a

question

PRESIDENT Will Senator Davis yield

DAVIS Yes.

ELLIS Senator ju-just could you give

maybe from personal experience some sense of how this could impact a a

female I know I I may have mentioned to you in the lounge that my wife

uses her maiden name. In fact that is her name. She only uses my name if

she thinks it may avoid a problem and in most cases it may create a

problem. So rarely does she

use--LaughterELLIS --Ellis on her name. Shell do it to

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accommodate me at a political event but she never changed her name on our

marriage certificate it is not there. But could you just give us some sense of

how this could impact a a womanDAVIS Sure. In in a real world example a

woman who has either married or divorced and who has applied for a newvoter certificate a registration card in order to vote will now have a namedifferent on the registration record than that which is on her drivers license

if shes not yet changed it. This gives her the opportunity to attest or to

provide information to the voting precinct election officer that she is the

person who is on the registered voter list although that name maynot be the

name thats reflected on her state-issued photo ID.

ELLIS And would it be true by putting this

into Senator Frasers bill instead of leaving it at the discretion of any givenelection officer when we putting in a new requirement for a photo ID whatwe sic doin is makin sure ifa woman is in Harris County voting shed have

just as much of an ability ifshe uses her maiden name or her married nameas a woman should have in Neuces County or anywhere else

DAVIS Thats exactly the case Senator Ellis.

And in fact yesterday information was put into the record by a

representative of the Secretary of States office that currently election

officers varied by county are allowed the discretion in determining whether

theyre going to accept a woman for voting in this particular circumstance. In

fact she stated on the record that there is no uniform rule in place but that

it is left to the discretion of the individual election workers based on what

theyve been told by the county registrar in that county.

ELLIS Okay thank you.PRESIDENT Senator Van de Putte for what

purpose do you rise

VAN DE PUTTE Will Senator Davis yield for a

question

PRESIDENT Will Senator Davisyield--Inaudiblebackground conversation

PRESIDENT --toSenate--AS Yes I will.

VAN PUTTE Thank you. Senator Davis and I

heard the exchange between yourself and Chairman Fraser and when the

Chairman said its already in Election Code I thought well okay if its

already in Election Code like he stated when I had an amendment and andbut then I just looked over the record and at at 145 yesterday afternoon

the Ms. McGeehan for the Secretary of State said when asked about the

divorce maiden name and overall name situation with presentation of a

photo ID bu--that the voter registration statewise directly addresses it so

its a practical matter of whats happening to the poll workers that are

making judgment calls as they qualify those voters for voting. And so Imlooking at Section A 63.001 a regular procedure for accepting voters and on

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on under that on Paragraph C the current rule says on presentation of a

registration certificate the election officer shall determine whether the

voters name is on the registration certificate is on the list of registered

voters. So they do determine if just the name is on there and they are

making the call. At 146 p.m. yesterday afternoon the ifyou will recall or is

it your recollection that Ms. McGeehan with the Secretary of States office

said with regard to photo identification and divorce maiden name

discrepancies quote at this point the State law is silent on it. Our office hasnot issued any guidance on this matter quote. Thats definitely probablysomething we need to look at. Is that your recollection of yesterdays

testimony

DAVIS Yes Senator Van de Putts thats myrecollection.

VAN DE PUTTE Thank you cause I was a little bit

confused.

DAVIS Thank you. Mr. President as a

courtesy to Members who are reviewing this amendment Im going to ask

that we momentarily pull down Floor Amendment Number 11.

PRESIDENT Members Senator Davis temporarily

pulls down Floor Amendment Number 11.

DAVIS Thank you Mr. President.

PRESIDENT The Chairs sic la--lays out Floor

Amendment Number 12 by Senator Davis. The the Secretary will read the

amendment.

SECRETARY Floor Amendment Number 12 byDavis is being passed out. It is not in your packet. Amending Section 9 of

the bill which is adding Section 63.0012 A.


microphone Secretary of States Office to inaudible not speaking into the

microphone--PRESIDENT The Chair recognizes Senator Davis to

explain Floor Amendment 12.


amendment seeks to satisfy concerns for indigent persons who will have to

get underlying documentation in order to get their state-issued ID that it

will come to them at a cost and they will not be able to vote as a consequenceof not being able to pay that cost. Theres been some effort in Senate Bill 14

to reflect an understanding that certain persons may not be able to afford the

state thats required in order for them to vote. And and of course in the

language of that bill there is a statement that the state would be offered

for free. Unfortunately underlying documentation that is often necessary to

obtain the state does come at a cost and so we have not cured the problemwith the language thats in Senate Bill 14 as it stands today. What this

amendment would do would be to allow that indigent person to receive

underlying state documentation thats necessary in order to receive their

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state for free as well such as a birth certificate issued by the State of

Texas. I move adoption of Floor Amendment Number 12.


PRESIDENT Senator Ellis for what purpose do yourise

ELLIS I wanna ask Senator Davis a few

questions if shell yield

DAVIS Yes I do thank you.

ELLIS Senator first I wanna make the point

that this is amendment that you mentioned to some of us on yesterdaybut as a convenience to all of us and to the public we did do somethin fairly

unorthodox and were hearing this now. So its not as though this

amendment didnt get in on time is that you thought you would be doin this

sometime tonight. I I wanna ask you as you as you know this bill is

patterned after the Indiana bill rightDAVIS Correct.

ELLIS Okay and this is a good amendmentin part because Indiana offers some provisions for people to have access that

we dont in this bill thats being considered. Indiana does not require anexact match of the name. It only needs to conform which the state has

defined to not mandate exact match. Indiana legislation in that

legislation theres no re--requirement in Indiana for an address to match.

Theres an exception for persons who have a religious objection to being

photographed by using after the fact affidavit to the county clerks office to

make the provisional ballot count. They have a large Amish community but

that provision is there. I dont know how many folks we have in Texas whohave that provision. And the language youre talkin about is included in

the Indiana law theres an exception for persons who are indigent and whowould be unable to secure a free photo without the state paying a fee or

underlying documents like a birth certificate. Like the go get the photo ID if

you gotta have a birth certificate you dont have the money for that you cant

get it. Or to go to a S office and get the photo ID and you are broke and

cant pay the surcharge because the insurance in Texas is about the pretty

high among major states were right up there near the top not as high as

Louisiana but pretty high. But that issue--you do understand that this bill is

considerably more restrictive than the Indiana law and what youre offering

is one provision that is in the Indiana law.

DAVIS Thats correct Senator Ellis. And and

as was put into the the record yesterday in the State of Indiana the

Supreme Court decision that reviewed the State of Indiana voting photer

sic veto sic requirement specifically stated that the burden that was

experienced by the voter was not unconstitutionally prohibitive because the

indigent voter was allowed opportunity to attest that they could not

receive the state based on their indigency status that they could not apply

for that state ID because they would have to pay either a cost for the ID or for

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33

the underlying documents. This seeks to resolve that problem in a little bit of

a different manner which is to allow the person who would need underlying

documentation in order to get their free state ID to also get free underlying

documentation so that they have the opportunity to do that. If we dont adoptamendment like this Senator Ellis my fear is we are simplyinstituting a

poll tax in a different form.

ELLIS Thank you. Thank you very much.

DAVIS Thank you.

PRESIDENT Senator Williams for what purpose do

you rise Sir

WILLIAMS To ask the author of the amendment a

question

PRESIDENT Senator Davis will you yieldDAVIS Yes.

WILLIAMS Senator Davis Im sorry I hadnt seen

this before. I dont know wha--was this amendment prefiled before so we or

did you just bring this one to the Floor

DAVIS Well Senator Williams I filed this

before yes.d--WILL S Okay.DAVIS you know the the problem that

were dealing with today is we all thought we were coming back at 920

tonight. When we adjourned lastnight--IS Yeah.

DAVIS --that was the decision that was made.

As a courtesy of course and so that our our public can watch these

proceedings and see whats happening on the Senate Floor today weve all

agreed that were going to come back earlier whichwe--WILLSOkay--S--did. And this was filed yesbefore--S

--inaudible--DS --we came to the Floor today. I

apologize for the fact that youre just now receiving it but thisis--WILLIAMS--inaudible--DAVIS--an emergency issue as weve been

told--WILLIAMS--right.

DAVIS --and things are operating a little

differently than we thoughtthey--LLSWell--DAVIS--were going to.

WILLIAMS --le--let me ask you I youve youve

made a number of statements here about your concern about indigent people

but Im not sure that were not just opening this up to free identification or

free birth certificates for everybody. Im not sure I dont see the word

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34

indigent in here anywhere so help me understand how wheres the

restricting language here

DAVIS Well interestingly Senator Williamsin the bill itself where the free state IDs are now to be offered to persons whocome to a DPS office and state that they need that ID for purposes of votingtheres also no indinchee sic indigency requirement in the language of

Senate Bill 14 as its been proposed today. This simply reflects the same

language as has been presented in Senate Bill 14 extending it to underlying

documentation thats needed to get that ID as well as the ID itself.

WILLIAMS Well and I think the intent was to if

someone needed a state ID would be that we would absorb the cost of thatbut here I think what youre doing is youre also including birth certificates

now. Is this this would everybody that would say they needed a birth

certificate for the purposes of getting their free state ID would now be able to

obtain that where anyone else could have to pay the twenty-two dollars or

whatever the local fee happens to be. Are we puttin this back on the

counties Would this be an unfunded mandate on the counties Are they

ones or is it the Department of Health

DAVIS Well I ha--I have a great deal of

concerns of unfended sic mandates that are coming out of Senate Bill 14Senator Williams. This as I said c--mirrors identically the language thats

in Senate Bill 14 in terms of the provisions to get a free state ID. Theres no

requirement there that an affidavit of indigency be signed. And in fact

thats one of the concerns that was raised yesterday about the bill and the

costs of the bill if everyone is provided the opportunity now to walk into a

S office and ask for a free state ID without having to showindige--iigencywhat might those costs be That was one of the questions that weentered into the record yesterday.

WILLIAMS Thank you.

DAVIS Thank you.

PausePRESIDENT The Chair recognizes Senator Fraser

on Floor Amendment 12.

FRASER Members Senator Williams

observation is exactly the observation that that I made by thisamen--mendment.Theres not a a means test here to identify who would be using

it and basically anyone could go in and say I wanna get a free ID and get

any of these services free of charge. I would now move to table the

Amendment Number 12.

PRESIDENT Chair recognizes the Chair recognizes

Senator Davis to close.

DAVIS Thank you Mr. President. I would

move that we vote no on the motion to table Floor Amendment 12 for the

reasons that I stated earlier.

PRESIDENT Members the motion before us is the

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35

motion to table by Senator Fraser. The author of the amendment opposes.

The the Secretary will call the roll.


Duncan. Ellis. Eltife Estes. Fraser. Galle--clears throat Gallegos.

Harris Hegar. Hinojosa. Huffman. Jackson. Lucio. Nelson. Nichols.

Ogden. Patrick. Rodriguez. Seliger. Shapiro. Van de Putte. Watson.

Wentworth. West. Whitmire. Williams and Zaffirini.

PRESIDENT Gavel Members there being 19 ayes

and 11 nays the motion to table prevails. Gavel The Chair lays out Floor

Amendment Number 13 by Senator Davis. The Secretary will read the

amendment.


Davis which is being passed out now. Amend Senate Bill 14 in Section 12 of

the bill.

PRESIDENT The Chair recognizes Senator Davis to

explain Floor Amendment--DVIS Thankyou--PRESIDENT--13.

DAVIS --Mr. President. This deals with the

language in Senate Bill 14 that would prohibit the use of an expired ID. As

was talked about in the record yesterday in both the State of Georgia and the

Indiana ID requirements there is an ability for a person to use an expired ID

in order to come in to a polling place and to vote and that ID will be

accepted. This would strike the language from Senate Bill 14 that would

ano--that would not allow an expired to be used for purposes of voting. I

move adoption of Floor Amendment Number 13.

PauseCoughing in background

PRESIDENT Thank you Senator Davis. The Chair

recognizes SenatorFraser--FRASERAn--PRESIDENT

--on Floor Amendment 13.

FRASER --Senator theres another case. I I

wish wed gotten a packet delivered to us. The concept youre talkin about

Senator Lucio has an amendment that addresses this. His that is a 60 dayswere going to accept his amendment that addresses the same issue. You can

either pull this one down or Ill be moving to table you know were but the

the amendment youre addressing were gonna address the same thing with

the Lucia amendment.

DAVIS I_-Im not going to agree to pull this

down Senator Fraser. This is much more expansive than a 60 day grace

period. This would remove the provision for expiration entirely and I would

like to move it for adoption.

PRESIDENT Members the question beforeus--FRASERM__

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PRESIDENT --is themotion--FRASER--m sorry Senator I meanLieutenant Governor Mr. President I would move to table.

PRESIDENT --yes.

FRASER I would move to table AmendmentNumber 13.

PRESIDENT Im gonna give her asecond--SR How muchnumber--PRESIDENT--then to close then but because

because I thi--I already knew that you were gon--the Chair recognizesSenator Davis to close.

DAVIS Thank you Mr. President. For the

reasons I stated previously I would ask that we vote no on the motion to

table Floor Amendment Number 13.

PRESIDENT Thank you Senator Davis. Themotion before us by Senator Fraser is to table Floor Amendment Number 13.

The Secretary will call the roll.

SECRETARY Birdwell. Carona. DavisaDeuell.Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa.

Huffinan. Jackson. Lucio. Nelson. Nichols.

Inaudible background conversationSECRETARY Ogden. Patrick. Rodriguez. Seliger.

Shapiro. Van de Putts. WatsonaWentworth. West. Whitmire. Williamsand Zaffirini.

PRESIDENT Gavel There being 19 ayes and 11

nays the motion to table prevails. Gavel The Floor sic lays out Floor

Ame--the the Chair lays out Floor Amendment Number 14 by Senator Lucio.

The Secretary will read the amendment.

SECRETARY Floor Amendment Number 14 byLucio and this is Page 11 in your packet.

PRESIDENT The Chair recognizes Senator Lucio onFloor Amendment Number 14.

Inaudible background conversationPRESIDENT Yeah. The Chair the Chair recognizes

Senator Lucio on Floor Amendment Number 14.

LUCIO Thank you Mr. President. Membersthis amendment changes the photo identification requirements of Senate Bill

14 to those used to obtain a drivers license. This bill has a stricter Senate

Bill 14 has a stricter threshold for verifying identity than whats used to

obtain a Texas or a drivers license. Under Senate Bill 14 a personintending to vote must present either a license a military ID a United States

citizenship certificate with a voter ID or a passport. However Members to

obtain a drivers license you have several options for verifying identity not

simply whats listed above. You can verify your identity using quoteprimary identification which is whats included in your bill Senator Fraser.

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But it also contains secondary and supporting identification documents as

options for citizens. The secondary document can be a birth certificate whichunder current law can be used for voting purposes in which Senate Bill 14

removes and supporting documents including or inc--to include insurance

information and social social security cards. Members I move adoption of

thi--of this amendment at this time.

PRESIDENT The Chair recognizes the the the

sponsor of the bill Senator Fraser.

FRASER Thank you. Senator Lucio theMembers this the list that DPS created includes a nonphoto ID. As I said

yesterday weve had two additional years to see that photo ID is working in

other states two years to see that voter raud--fraud is still a problem. I

believe that the photo ID itself is simpler and less confusing to the votersand election wor--workers. Senator Im Im gonna to ask that the Memberstable this. I would now move to table this amendment.

Are you gonna ask to speak withthe on the bill

PRESIDENT Senator Fraser Sen--Senator Ogdenhad asked to speak before you moved to table. Do you mind temporarily

withdrawing your motionFRASER I withdraw the motion.

PRESIDENT The the Chair recognizes Senator

Ogden.

OGDEN To ask a question of the author of the

amendment.

PRESIDENT Will Senator Lucio yieldto--LUCIOI yieldto--PRESIDENT

--Senator--OGDENSenator Lucio I I believe that the

amendment that were discussing is Number 11 in our packet is that right

That correct

OGDEN -d--LUCIOYes--OGDEN--and theway--LUCIO--thats correct.

OGDEN --and the way you described it it

seems to be different than the way I read it. I mean it it it seems to me like

the only acceptable proof of identification in order to vote is the is the

identificase--documentation required by the Department of Public Safety and

no other. Do I misread this I mean it seems to me like youre narrowing

the--InaudibleOGDEN --identification options stead ofex--expandingthem and Im just wondering is that what youre doing Youre

makin--

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LUCIO Thats exactlywhat--OGDEN--it harder

LUCIO --were doin were tryin to changeSenate Bill 14 to be able to have the requirements to match those to obtain a

Texas drivers license.

OGDEN So if if we adopted your amendmentand a soldier used a military ID it wouldnt count anymore right

LUCIO Inaudible not speaking into the

microphone

No that inaudible background

conversation--LUCIO My understanding that that a

military ID would still count.

OGDEN Well I dont know how it does with

this amendment but thats why I ask you the question. I mean it seen-is to

me like the only thing that counts is what you need to prove that you can get

a drivers license.

LUCIO I think what were tryin to do is give

citizens adeptional sic additional options to prove their identity and the

ones that the requirements used to obtain a drivers license we feel shouldbe included in this bill.

OGDEN All right well i--it it may be that I

just dont know how it fits with the bill so but a--at le--at least Im confused

about it.

LUCIO Thank you.

PRESIDENT The Chair recognizes Senator Fraser.

FRASER I would now move to table

Amendment 14

PRESIDENT The Chair recognizes Senator Lucio to

close.

LUCIO Thank you Mr. President. Membersthis amendment would simply give citizens options for proving their identity

that is it. Please vote no on the motion to table.

PRESIDENT Members youve heard the motion to

table by Senator Fraser the the Secretary wil--will call the roll.


Duncan Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hincjosa.

Huffman. Jackson. Lucio. Nelson Nichols. Ogden. Patrick. Rodriguez

Seliger. Shapiro. Van de Putte. WatsonaWentworth. West. Whitmire.

Williamsand--PRESIDENT Madam Secretary do you mindhold--Im

sorry.

HumPRESIDENT --recognize his inaudible now.

So far unless inaudible background

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39

conversation--PRESIDENT Gavel There being 19 ayes and 11

nays the motion to table prevails. Gavel The Chair lays out the following

Floor Amendment Number 15 by Senator Davis. The Secretary will read the

amendment.


Davis which is being handed out now. Amends Senate Bill Number 14 by

striking Section 12 of the bill and substituting a new Section 12 to read as

follows.

PRESIDENT The Chair recognizes Senator Davis to

explain the Floor Amendment 15.

DAVIS yes thank you Mr. President.

This Floor Amendment seeks also to address the issue of the expiration of a

persons supporting documents that would be allowed for purposes of voting.

This mirrors exactly the Indiana law which allows for the expiration of the

ID to be accepted and to be cured by the date of the next general election. I

would move adoption on Floor Amendment 15.

Coughing in backgroundPauseCoughing in background

PRESIDENT The Chair recognizes the bills

sponsor Senator Fraser.


Coughing in background


F S Senator again I Id loved to had this

to look at. Is this t--tell me h--Im Im havin trouble reading this. How long

are you trying to say that an expired drivers license could beDAVIS I recognize that its confusing Senator

Fraser and a lot to try to absorb today as quickly as youve been asked to

absorb these amendments. This mirrors exactly the language in the Indiana

law.

F S I I know.

DAVIS And when the Secretary of State from

Indiana was here yesterday what he explained basically was that they

have a one strike rule. Where when a person comes in to vote if they have

expired ID that ID is allowed to be used for purposes of voting if the

period of time between the expiration and that ID is shorter than the last

general election. In other words if theyve not been given opportunity or

a notice that their ID has expired because theyve attempted to use it in a

general election then it it defines the period of time of the grace period as

the opportunity they would have had from the prior general election to cure

that iftheyd been notified of the election officer of the expiration of that ID.

Again as I said its exactly the language thats used in the Indiana law.

Pause

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FRASER I mean were having confusion even

interpreting the general election the I we believe that implies that it could

be expired two years. I--Is thatnot--S Y--Yes and thats the casein--S--it--DS --Indiana thats exactly the case in

Indiana.

FRASER --kay we its sti--were we we talked

about this today of how we would do this and the the there is

amendment thats coming up that we plan to accept of Senator Lucio that

is you know the allowing it to be 60 days and Im still its my intent to

accept that one. Again I wish wed had some time to look at this but based

on the fact that were were heading that direction I would Members I

would move to to table Amendment Number 15.

Inaudible background conversationPRESIDENT He moved to table

Yes.


PRESIDENT The Chair recognizes Senator Davis

on t--to to close.

DAVIS Thank you Mr. President. In closing

I would just say that I recognize the frustration of having to consider these

important issues which are very complex in such a short ti e e. Im as

frustrated and I think other Members on the Floor are frustrated by it as

well. But were seeking to make some changes in our voter requirements that

are quite significant. And Im doing and I know my colleagues are doing the

best that we can to assure that at the same time that thats occurring we are

doing everything that we can to protect the right of a legitimate citizen to

vote in the State of Texas to be able to continue to do so and Iask--PRESIDENTSenator Davis would you and Senator

Fraser approach the podium just for a momentDAVIS

--yes.

Long pause

Background noise

PRESIDENT Senator Davis temporarily withdraws

Floor Amendment Number 15

END OF SECTION I

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COMPACT DISC 1 SECTION II

1


PRESIDENT The Chairs sic lays out Floor

Amendment 16 by Senator Van de Putte. The Secretary will read the

amendment.

SEC Y Floor Amendment Number 16 by Van

de Putte Page 12 in your packet.

PRESIDENT The Chair recognizes Senator Van de

Putte on Floor Amendment Number 16.

VAN PUTTE Thank you Mr. President. Mr.

President Members this amendment is very similar and has almost the

exact same language as Senate Bill 362 that was Senator Frasers bill from

the 81st Session and in fact most of you on this Floor that are supporting

this bill this year voted for this la--language during the last legislative

Session. Under this amendment the voter would present either the photo

or two different alternatives. Of--the difference with the current bill of

course is very slight with regard to the eligible photo s but has some

inclusions that are not in Senator Frasers bill. So it does have a drivers

license or personal identification card that that has of course the photo the

United States military identification card that does have the persons

photograph the US citizenship photo and certificate a United States

passport. The difference in f--what is on the language is I add a license to

carry concealed handgun permit issued to the person by the Department of

Public Safety which does have a photo on it and is issued by DPS and a a

valid ID card that does contains sic the persons photograph from an agency

or institution of the federal government or a political subdivision. This is the

exact wording that we have had from Senate Bill 362 from the 81st Session

Now on the list of acceptable alternative forms in other words you get a one

or a twosie. This is on the twosie list. And it was everything that was there

but I think what was really important is that this also allows for an original

or certified copy of the persons marriage license or divorce decree but also

the court records of a persons adoption or a name change as well. This is

very very important. The other inclusion is of the pilots license the Asic pilots license it does have a photo on it as well. So we have the only

difference from this amendment and what was originally in Senator Frasers

Senate Bill 362 is that we have kept the exemption on the 70-year-old that

mirrors SB 14 language or older that is in SB 14. And that is the change

from your last years 362. Members the reason tha--that I offering this

amendment is that our our State has a a past sometimes that has been

very discriminatory. And discriminatory in its its efforts to quell or

suppress some groups level of civic participation in voting and thats why we

are under both Section 2 and Section 5 of the Voting Rights Act. Noweverything that we pass here in this bill will then go over to the House and

then ultimately go to the the Governors Office for signature. And after

that it will go to the Department of Justice for preclearance. And under

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preclearance we have to do preclearance for both Section 2 and Section 5. Alot of the bills that we have seen that have been passed that require a photo

identification for voting that are in those states that require that additional

level of clearance from the DOJ do have two alternate forms. Members and

I can tell you this iswith the exception of the age at 70 which we matched to

this one this is exactly the same language that was in Senate Bill 362 from

the 81st Legislative Session. A lot has changed from then in that we do

know the court cases we do know that Georgia was upheld we do know that

Indiana was upheld. But the bill that you have before you today without

some of the changes would be the strictest most stringent most conservative

photo voter identification bill in the country. And since Texas has to prove

up that burden and that level to the Department of Justice we think that at

least I think that this would be able to ameliorate the concerns because of the

provisions of the alternate forms. This would really help those folks who

would be most disenfranchised most burdened by the requirements of just

the single photo identification. And so with that Members I move to for us

to consider this amendment and I move passage of Committee Amendment

16.

PRESIDENT Thank you Senator Van de Putte.

Senator Williams for wha--what purpose do you rise

WI S To ask some questions of the author of

the amendment.

PRESIDENT Will Senator Van de Putte yield

VAN I yield.

WILLIAMS Senator Van de Putte I am looking at

your amendment and therere two things that I heard you say that Im Im

tryin to understand as I look at this amendment. I think one is that you said

this would include an FAA pilots license th--because it has a photo on it

and i--o--a FAA pilots licent sic does not have your photograph on it. In

fact--VAN PUTTE In that section Senator Williams of

the the new ones do but it is that would not be required as a solo. In other

words the bill last year you could have a list that you could have one that

had nothing but photos or you could producetwo--ILLS --right.

VAN DE E --al--alternatives. And the f--I believe

the way that hopefully that this is written because we took it from last

year was the pilots license which is list sic on the t--on the onthe--ILLS Well canyou--VANDE PUTTE --alternative form.

WILLIAMS --show me where where it says two of

the following because what I the way I read this if is if you showed up with

your utility bill or a pilots license and your voter registration card you

would be able to vote. It doesnt require those two documents of those other

things. The way I read it it only would require one plus your voter

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registration card.

VAN DE PUTTE Ifyou--LLS So its not like it was in in 362 I think

it

required--VAN DE --yes.

WILLIAMS --two things.

VAN DE PUTTE It is. If youll look on my amendment

on Line 10 of the first

page--ILLS Okay.VAN PUTTE --it says there are two sections section

that has one form of i

entica--ILLS Okay.

VAN DE PUTTE --acation sic which is Section63.0--ILLS Okay.VAN andthen--S

I see it now.

VAN DE PUTTE --it says two forms. So if you look at

where it is on Section 63 we keep the same. So then when you get down

lower then thats where its but the the definitions of the onesies and the

twosies are

actually--ILLS Okay.

VAN DE PUTTE --in Line5--ILLS I I seewhere--VANS --its at.

VAN PUTTE --Line 10.So--LS Thank you.

VAN DE PUTTE --Im sorry its written that way. I we

just took the exact same language from3--IS Thank you.

VAN DE PUTTE Uk-h

PRESIDENT The Chair recognizes Senator Fraser

on Floor Amendment Number 16.

FRASER e berus sic thi--this amendment

clearly takes this from a photo ID to a non-photo ID bill. Again weve had

two additional years to see the that photo ID is working in other states and

that voter frauds still a problem. I believe that photo ID is simpler and less

confusing and I would now move to table Amendment Number 16.

PRESIDENT The air recognizes Senator Van e

Putte to close.

VAN DE PUTTE Thank you Mr. President and thank

you Senator but I have to disagree. This is the language from your photo

identification voter bill from the 81st Session which was a photo

identification voter bill. Mean sic if it wasnt if this was not that then I it

wouldntve been such a contentious issue last year. But because of the court

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cases and because we know exactly where the Department of Justice has

ruled and hasnt with regard to Section 5 preclearance this is takes us to

what the photo identification voter bill was that was passed out of this

Chamber last legislative Session. So unless you warma admit that last

years bill wasnt a photo bill it was and this is the exact same language.

Members I think this amendment affords us the protections that we needthat would be an undue burden on those disenfranchised groups that have to

be proven up in Section 5. And I think that this is a one and a twosie it is

exactly what we had last time except for the 70 years. And this is this is the

amendment before you that we used last legislative Session and so it is very

much a photo identification voter bill but it is one that alleviates the burden

of proof for those who would be most burdened by the current language in SB

14 and I move adoption.


VAN DE PUTTE Oh--and Imsorry--PRESIDENTMembers--VAN--Mr. President and Im I move to

table I mean I move to oppose the motion to table.

PRESIDENT --laughter y--you almost got metotally confused on that one but laughter Members the motion in front of

us is a motion to table by Senator Fraser opposed by Senator Van de Putte

The Secretary will call roll.

SECRETARY Birdwell. Carona. DavisaDeuell.Duncan. Ellis. Eltife. Estes. Fraser. Gallegos. Harris. Hegar. Hinojosa.

Huffman. Jackson. Lucia. Nelson. Nichols. Ogden Patrick. Rodriguez.

Seliger. Shapiro. Van de Putte Watson Wentworth. West


SECRETARY Whitmire. Williams and Zaffirim.

PRESIDENT Gavel Members there being 19 ayes

and 11 nays the motion to table prevails. Gavel The Chair lays out the

following f--floor amendment Floor Amendment Number 17 by Senator

Gallegos. The Secretary will read the amendment.


Gallegos Page 15 in your packet.

PRESIDENT Chair recognizes Senator Gallegos to

explain Floor Amendment 17.

GALLEGOS Thank you Mr. President. Membersthis this amendment adds and its suspensed sic suspended temporary

driver permits to the acceptable forms of I Under Section 12 of the bill it

specifies that an unexpired drivers license or personal card issued by the

S qualifies as acceptable form of photo ID bu--but Members this does

not cover the suspended temporary permits which are a standard issue by

the S and without a photo. Under Section 524011 of the Transportation

Code therere at least five reasons why upon your arrest your drivers

license is confiscated by officer. After an individual is arrested or

JA_001313


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STATE OF TEXAS’ JOINT APPENDIX ATTACHMENT 7...The Honorable Joel Baker Constitutional County Court...

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