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HOUSE 3OURNALEIGHTY-SECOND LEGISLATURE, REGULAR SESSION

PROCEEDINGS

THIRTY-EIGHTH DAY -- MONDAY, MARCH 21, 2011

The house met at 11 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present(Record 101).

Present -- Mr. Speaker; Aliseda; Allen; Alonzo; Alvarado; Anchia;Anderson, C.; Anderson, R.; Aycock; Beck; Berman; Bohac; Bonnen; Branch;Brown; Burkett; Burnam; Button; Cain; Callegari; Carter; Castro; Chisum;Christian; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.;Davis, S.; Davis, Y.; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins;Farias; Farrar; Fletcher; Flynn; Frullo; Gallego; Garza; Geren; Giddings;Gonzales, L.; Gonzales, V.; Gonzalez; Gooden; Guillen; Hamilton; Hancock;Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez Luna; Hilderbran;Hochberg; Hopson; Howard, C.; Howard, D.; Huberty; Hughes; Hunter; isaac;Jackson; Johnson; Keffer; King, E; King, S.; King, T.; Kleinschmidt; Kolkhorst;Kuempel; Landtroop; Larson; Laubenberg; Lavender; Legler; Lewis; Lozano;Lucio; Lyne; Madden; Mallory Caraway; Margo; Marquez; Martinez; MartinezFischer; McClendon; Menendez; Miles; Miller, D.; Miller, S.; Morrison; MulSoz;Murphy; Naishtat; Nash; Oliveira; Orr; Otto; Parker; Patrick; Paxton; Pefia;Perry; Phillips; Pickett; Pitts; Price; Quintanilla; Raymond; Reynolds; Riddle;Ritter; Rodriguez; Schwermer; Scott; Sheets; Sheffield; Shelton; Simpson; Smith,T.; Smith, W.; Smithee; Solomons; Strama; Taylor, L.; Taylor, V.; Thompson;Tortes; Truitt; Turner; Veasey; Villarreal; Vo; Walle; Weber; White; Woolley;Workman; Zedler; Zerwas.

Absent -- Gutierrez.

The invocation was offered by Representative Landtroop.

The speaker recognized Representative Landtroop who led the house in thepledges of allegiance to the United States and Texas flags.

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Landtroop and by unanimous consent, thereading and referral of bills was postponed until just prior to adjournment.

CAPITOL PHYSICIAN

The speaker recognized Representative Lozano who presented Dr. Luis Caloof Harlingen as the "Doctor for the Day."

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Case 1:12-cv-00128-RMC-DST-RLW Document 256-1 Filed 06/30/12 Page 1 of 217

906 82nd LEGISLATURE -- REGULAR SESSION

The house welcomed Dr. Calo and thanked him for his participation in thePhysician of the Day Program sponsored by the Texas Academy of FamilyPhysicians.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum tothe daily journal, Messages from the Senate, Message No. 1).

NOTICE OF WITHDRAWAL OF ELECTION CONTEST

Upon Representative D. Howard having recused herself from theproceedings and having absented herself from the house chamber, the speakerhad read the following statement:

NOTICE OF WITHDRAWALOF ELECTION CONTEST FOR THE OFFICE

OF THE TEXAS HOUSE OF REPRESENTATIVES, DISTRICT 48

To the Honorable Speaker of the House of Representatives for the State of Texas:

COMES NOW, Dan Neil, Contestant in the above-styled cause of action,against Donna Howard, Contestee, and files this Notice of Withdrawal ofElection Contest.

WHEREFORE, PREMISES CONSIDERED, Contestant Dan Neilwithdraws his contest in House District 48.

Respectfully submitted,BEIRNE, MAYNARD & PARSONS L.L.P.Joseph M. NixonState Bar No. 15244800James E. "Trey" Trainor, iiiState Bar No. 24042052401 W. 15th Street, Suite 845Austin, Texas 78701Telephone: (512) 623-6700Facsimile: (512) 623-6701

Donna Garcia DavidsonState Bar No. 00783931ATTORNEYAND COUNSELOR AT LAWEO. Box 12131Austin, Texas 78711Telephone: (512) 775-7625ATTORNEYS FOR DAN NEIL

CERTIFICATE OF SERVICE

i certify that on the 18th day of March, 2011, a true and correct copy of theforegoing document has been sent via electronic mail and facsimile transmissionto Donna Howard, by and through her attorneys at the law firm of Ray, Wood, &Bonilla, 2700 Bee Caves Road, Austin, Texas, 78746.

Joseph M. Nixon

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Monday, March 21, 2011 HOUSE JOURNAL -- 38th Day 907

Representative D. Howard was readmitted to the house chamber andannounced present.

HR 500 - PREVIOUSLY ADOPTED(by Hardcastle)

The chair laid out and had read the following previously adopted resolution:

HR 500, in memory of Texas Department of Public Safety Senior CorporalDavid Ralph Slaton of Bowie.

On motion of Representative Geren, the names of all the members of thehouse were added to HR 500 as signers thereof.

INTRODUCTION OF GUESTS

The speaker recognized Representative Hardcastle who introduced familymembers and friends of Senior Corporal David Ralph Slaton.

(Price in the chair)FIVE-DAY POSTING RULE SUSPENDED

Representative Gallego moved to suspend the five-day posting rule and allnecessary rules to allow the Committee on Criminal Jurisprudence to considerHB 2482 at 10:30 a.m. or upon final adjournment tomorrow in JHR 120.

The motion prevailed.

Representative S. Miller moved to suspend the five-day posting rule to allowthe Committee on Homeland Security and Public Safety to consider HB 1810 at2 p.m. or upon final adjournment tomorrow in E1.026.


HR 939 - ADOPTED(by J. Davis)

Representative J. Davis moved to suspend all necessary rules to take up andconsider at this time HR 939.

The motion prevailed.The following resolution was laid before the house:

HR 939, Recognizing March 21,2011, as World Down Syndrome Day.

HR 939 was adopted.

HR 530 - PREVIOUSLY ADOPTED(by Schwertner)

The chair laid out and had read the following previously adopted resolution:HR 530, in memory ofJ. D. Thomas, Jr., of Georgetown.

On motion of Representative Woolley, the names of all the members of thehouse were added to HR 530 as signers thereof.

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INTRODUCTION OF GUESTSThe chair recognized Representative Schwertner who introduced family

members ofJ. D. Thomas, Jr.HR 490 - PREVIOUSLY ADOPTED

(by Gallego)The chair laid out and had read the following previously adopted resolution:

HR 490, in memory of Joyce Ann Probst of Alpine.On motion of Representative McClendon, the names of all the members of

the house were added to HR 490 as signers thereof.

RESOLUTIONS ADOPTEDRepresentative Dutton moved to suspend all necessary rules to take up and

consider at this time HR 938 and HR 947 - HR 951.The motion prevailed.

The following resolutions were laid before the house:HR 938 (by Martinez Fischer), Congratulating Erwin J. De Luna of San

Antonio on the occasion of his retirement from the Texas Health and HumanServices Commission.

HR 947 (by Dutton), Congratulating Brian Wooten on completing the Menat Work program of Star of Hope in Houston.

HR 948 (by Dutton), Congratulating Quinton Smith on completing theMotivational Work program of Star of Hope in Houston.

HR 949 (by Dutton), Congratulating Elvin Adams on completing the Men atWork program of Star of Hope in Houston.

HR 950 (by Dutton), Congratulating Christopher Rainer on completing theMen at Work program of Star of Hope in Houston.

HR 951 (by Raymond), Congratulating Don Jose "Pepe" Diaz on hisachievements as a charro.

The resolutions were adopted.HR 450 - ADOPTED(by Bohac and Farias)

Representative Bohac moved to suspend all necessary rules to take up andconsider at this time HR 450.

The motion prevailed.The following resolution was laid before the house:

HR 450, Congratulating Shelly Vasbinder and Manny Salazar iii on theirwedding.

HR 450 was read and was adopted.

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The chair recognized Representative Bohac who introduced ShellyVasbinder and Manny Salazar iii.

HR 733 - PREVIOUSLY ADOPTED(by Garza)

The chair laid out and had read the following previously adopted resolution:

HR 733, Recognizing March 22, 2011, as The University of Texas at AustinPlan ii Honors Day.


The chair recognized Representative Naishtat who introduced professors,students, and staff from The University of Texas at Austin Plan ii HonorsProgram.

(Speaker in the chair)

EMERGENCY CALENDARSENATE BILLS

SECOND READING

The following bills were laid before the house and read second time:

CSSB 14 ON SECOND READING(Harless, L. Taylor, Pefia, Truitt, T. Smith, et al. - House Sponsors)

CSSB 14, A bill to be entitled An Act relating to requirements to vote,including presenting proof of identification; providing criminal penalties.

Representative Harless moved to postpone consideration of CSSB 14 until12:12 p.m. today.


GENERAL STATE CALENDARHOUSE BILLS

SECOND READING

The following bills were laid before the house and read second time:

HB 314 ON SECOND READING(by Hardcastle)

HB 314, A bill to be entitled An Act relating to the designation of a portionof U.S. Highway 81 as the Corporal David Slaton Memorial Highway.

HB 314 was passed to engrossment.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

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CSSB 14 ON SECOND READING(Harless, L. Taylor, Pefia, Truitt, T. Smith, et al. - House Sponsors)

CSSB 14, A bill to be entitled An Act relating to requirements to vote,including presenting proof of identification; providing criminal penalties.

CSSB 14 was read second time earlier today and was postponed until thistime.

CSSB 14 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE ANCHIA: i wanted to ask you a couple questions aboutSB 14 and voter impersonation. You alluded to the fact that this bill deals withone specific type of voter fraud, correct?

REPRESENTATIVE HARLESS: Yes, potential voter fraud.

ANCHIA: And that’s voter impersonation?

HARLESS: Yes.

ANCHIA: And how does~escribe how voter impersonation works.

HARLESS: Someone shows up to the poll with a voter registration card that maynot be theirs and passes a vote with that card.

ANCHIA: How often does that happen in the State of Texas, do you think?

HARLESS: i’m not advised.

ANCHIA: Do you have a guess? You’ve gone back and looked at interimreports and studies on this issue--

HARLESS: Under our current law, there’s not really tools necessary to stop thistype of voter fraud, in fact, most of this, in voter fraud, we may not even knowabout until after the election occurs. We have heard from many witnesses overthe last couple of sessions who have testified that voter impersonation, in whichpeople’s iDs or voter registration card have been used and a vote passed in thatperson’s name, is not uncommon.

ANCHIA: Did they provide any documented cases, or was it anecdotal?

HARLESS: There was information from the secretary of state, but really, wedon’t have the tools to effectively deter or detect this type of voter fraud.

ANCHIA: i find it interesting that you say that we don’t have the tools in currentlaw. Are you pretty familiar with the Election Code?

HARLESS: A little, i’ve learned more about it the last few months.

ANCHIA: Yeah, me too, me too. What is the penalty for voter impersonation?

HARLESS: As addressed in this bill?

ANCHIA: No, no. Current law.

HARLESS: i think--

ANCHIA: it’s under Section 64.012 of the Election Code.

HARLESS: And it would be a second-degree felony, if they’re caught?

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ANCHIA: Okay, so, under current law, just to be clear so the membershipknows, it’s actually a third-degree felony. So it’s two to 10 years in prison and upto $10,000 worth of fines. And in the committee substitute, it’s actually bumpedup to a third-degree felony so there’s a penalty enhancement from third degree tosecond degree, so increases in severity, and then there’s also an increase, acorrelating increase with the attempted voter impersonation that gets bumped upas well, from its current penalty to 180 days--it’s a state jail felony--180 days totwo years in state jail and an optional fine of $10,000. So there are some prettysevere penalties both in current law and in your proposed bill. Correct? Afelony?HARLESS: Yes.ANCHIA: And, in terms of risk-reward, how many votes can you change withone case of voter impersonation?HARLESS: How many votes can you change?ANCHIA: Yes. You were very concerned about a legitimate voter beingdisenfranchised by someone conducting voter impersonation, is it a scalablemodel, or when you commit an act of voter impersonation, how many votes doyou change?HARLESS: Representative Anchia, this is about restoring confidence in electionprocess--

ANCHIA: No, i understand that--HARLESS:---one person, one vote, and to get off on the fraud argument or howoften it happens or if it even happens--we will never agree on that. The purposeof this legislation is that when you show up to vote, you prove who you say youare. it’s a very simple, narrowly defined bill and we could stay here all day longdiscussing the fraud, but that is not what this bill is about. This bill is aboutprotecting, deterring, and detecting possible fraud in elections.ANCHIA: You sure? i’m trying to get at that, because you talked about voterimpersonation in your layout, and i know the narrative changes, becausewhen--you know, we studied this thing for eight years now, almost six years,seven years actually, and we haven’t been able to find much said voterimpersonation. Clearly, to support the bill, your narrative has to change so nowit’s about integrity of elections, i understand that. in going through thecurrent--you said in your layout, we currently don’t have tools to prevent this.So, i was trying to get at the tools that are in current state law, and the first one issort of the deterrent effect of risking a state jail felony, two to 10 years in jail,$10,000 worth of fines, to change what, one vote, right? So we’re talking aboutdeterrent effect and risk, and my question to you was, is it scalable? When youcommit an act of voter impersonation, how many votes do you change?HARLESS: i think it’s possibly scalable, if you look at Representative DonnaHoward’s election and Dan Neil, i think that a decision was decided by, what,two votes?ANCHIA: Were there any cases of voter impersonation there?

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HARLESS: i didn’t follow it that closely.

ANCHIA: i believe that there weren’t.

HARLESS: But when elections are won or lost on two votes, we need to putevery check and balance we can to restore the public’s confidence, and not onlydoes it restore the public’s confidence in the election, there’s been documentedevidence in the two states that have passed this more restrictive photo ID thatvoter turnout increases. When people have confidence that their vote counts,they are more apt to show up and vote.

ANCHIA: And those talking points are terrific--let’s just try to stay on voterimpersonation. Right, so you said you’re not sure of how often it occurs, youbelieve the tools aren’t in place, you acknowledge there’s a pretty significantpenalty for doing it, correct? A state jail felony--

HARLESS: As it should be.

ANCHIA: As it should be, correct, so there’s a pretty significant penalty fordoing it. Now, let’s talk about voter impersonation at the polling location. Who’stypically at the polling locations?

HARLESS: As far as administrators, or people showing up to vote?

ANCHIA: Yeah, under the Election Code, who’s entitled to be at the pollinglocations?

HARLESS: There are the election judge, the election clerk, election officers--

ANCHIA: And it’s your assertion today that those people are powerless to stopvoter impersonation, correct?

HARLESS: Powerless is not the word i would use.

ANCHIA: You said helpless earlier, is that a better word? They don’t have thetools7

HARLESS: They need some tools.

ANCHIA: Okay, well are you familiar with Section 32.075 of the ElectionCode?

HARLESS: i am not.

ANCHIA: Section 32.075 of the Election Code discusses the law enforcementduties and powers of the presiding judge, of an election judge, do you know whatthey are?

HARLESS: No, but i know you’re going to tell me.

ANCHIA: Yeah, i will, because i just want to clear up the fact that you’reconcerned that there are no tools, so i’ll read that portion of the Election Code.The presiding judge at a polling location can prevent violations of the ElectionCode at the polling place, and in performing those duties, the presiding judge hasthe power of a state district judge, including the power to issue an arrest warrant.Were you aware of that?

HARLESS: No.

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ANCHIA: Do you think issuing an arrest warrant to stop some of this purportedvoter impersonation is a powerful tool?HARLESS: i think that the testimony that we’ve heard and the articles that havebeen reported on over the last few years, there have been a number of electionofficers and election judges that said there were people that came in to vote, theyhad a voter registration, they returned and voted again with a different voterregistration, and they felt they didn’t have the tools--ANCHIA: And none of those cases were documented, right? None of them.HARLESS: They were reported on.ANCHIA: They were reported, maybe complaints, possibly investigated by theattorney general, but none of them ever documented or conclusively prosecuted,correct?HARLESS: i don’t know if that’s correct or not. it was not part of our testimony.

ANCHIA: But don’t you think, having the power as an election judge to issue anarrest warrant to satisfy, to enforce the provisions of the Election Code--that’snot--you claim that these people are helpless, they don’t have the tools. But youdon’t think that’s a tool?

HARLESS: i don’t think it’s a tool when they’re not required to show a photo IDwhen they show up to vote that says they are who they--ANCHIA: if you’re an election judge and you know you have the power of astate district judge to issue an arrest warrant and you see somebody who ispotentially committing voter impersonation, and you don’t do anything about it,whose fault is that?HARLESS: i think that is the legislature’s fault--

ANCHIA: it’s our fault?

HARLESS:--for not putting checks and balances in place that we can requirevoters to prove who they are when they show up to vote.

ANCHIA: Do you have--and i noticed you avoided presenting any evidence ofvoter impersonation in your layout--do you have any cases of voterimpersonation?

HARLESS: i’m sure you know more about that than i do.

ANCHIA: Okay, okay. You’re concerned about legitimate voters beingdisenfranchised, right? That’s really important to you.

HARLESS: i am concerned about protecting the public’s trust and the integrityin the elections process.

ANCHIA: i understand, as am i, as am i. And you believe that passage of thisbill will restore confidence among members of the public in the voting processand restore integrity, correct? That’s what you said in your layout?

HARLESS: i do.

ANCHIA: And you believe that?

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HARLESS: i do.

ANCHIA: Why does it ignore mail-in ballots?

HARLESS: This bill is only interested in one type of potential fraud, in-personvoter fraud.

ANCHIA: That’s really interesting to me, because we’ve got a bill that addressesa narrow type of fraud that you even acknowledged you had no cases of.

HARLESS: i did not say i have no cases.

ANCHIA: Then give me a case.

HARLESS: i said that they were not part of our testimony.

ANCHIA: Did you run across a case?

HARLESS: There was, media reported on it, but continue.

ANCHIA: Okay, so you have no cases of voter impersonation?

HARLESS: i have no cases we’re going to discuss on the house floor.

ANCHIA: So the author has no cases on the house floor of voter impersonation,you are, yet, very, very concerned about the integrity of elections. Correct? Yetthis bill doesn’t deal with the type of voter fraud that we’ve seen most prevalentlyin the State of Texas, which is mail-in ballots. Correct?

HARLESS: There are other pieces of legislation that--

ANCHIA: Have you filed a bill on mail-in ballots?

HARLESS: No, sir.

ANCHIA: But you’re concerned about legitimate votes that are cast beingcancelled out by voter fraud, are you not?

HARLESS: i am concerned about public confidence in the election and verifyingthat you are who you say you are when you show up to vote. This is not thevenue to discuss mail-in ballots.

ANCHIA: Well, i think it is, because, if--now the narrative has changed. Beforeit used to be, hey, we’re really concerned about all these illegal aliens comingacross the border and voting and then, when there was little to no evidence ofthat, then the narrative changed, and now it’s the integrity of elections. Well theintegrity of the elections, if you believe that narrative, also includes fraud thatwould cancel out a person’s legitimately cast vote. Am i correct?

HARLESS: This is not the venue to discuss mail-in ballots.

ANCHIA: Where do we discuss it? Do we discuss it in the senate? Do wediscuss it in the back hall?

HARLESS: On another piece of legislation, we can discuss it in all those placesif you would like.

ANCHIA: if you have opened the door to the integrity of elections, then i thinkit’s fair game to discuss that type of fraud, which we actually do see in the Stateof Texas--

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HARLESS: i look forward to you bringing that bill to the Texas House.

ANCHiA:--which is specifically ignored by your bill. But this is really about adesire to make sure that legitimately cast votes are not counter balanced or offset,and to really restore integrity of elections. Why don’t you do anything aboutmail-in ballots in your bill?

HARLESS: This bill is to address in-person possible voter fraud, i appreciateyou bringing up the mail-in ballots, and i look forward to your bill that you willbring addressing that type of fraud.

ANCHIA: i actually chair the select committee on that, and i’ve had, in the past,mail-in ballot bills.

HARLESS: i think that’s great legislation, i look forward to helping you with it.

ANCHIA: Here’s the quandary for this body. if you say passing this bill is goingto restore integrity of elections, you do nothing in this bill to deal with mail-inballots and 70 percent of all the prosecutions by the attorney general have beenmail-in ballots, then you’re really not restoring integrity of elections becausepeople, like they have for the last six years, will be reading about mail-in ballotfraud, mail-in ballot fraud, mail-in ballot fraud. Let’s talk a little bit about theVoting Rights Act, if you don’t mind. How much money is in the bill forinforming Texans about the change in the law?

HARLESS: The fiscal note on the bill is $2,024,000.

ANCHIA: Okay, and where’s that money going to come from?

HARLESS: That money is already appropriated in our base budget thatChairman Pitts presented. We have, officially, $43 million of HAVA funds, HelpAmerica Vote funds, leftover from past sessions, and we are pretty confident oncewe request the approval of use of those funds that we can use those funds tooffset the costs of this fiscal note.

ANCHIA: And what is that request going to entail?

HARLESS: it entails writing to the department of elections assistance.

ANCHIA: The Elections Assistance Commission? The EAC?

HARLESS: Yes.

ANCHIA: And does it also require an amendment of our state plan?

HARLESS: i’m not advised.

ANCHIA: Okay, let me ask you about how those HAVA funds are going to bespent? How many of those HAVA funds that are appropriated in this bill aregoing to be dedicated to educating Latinos, African Americans, and Asians on thenew photo identification requirement under SB 14?HARLESS: The methodology and the fiscal note says that there will be$2 million for the fiscal year 2012 and an estimated half a million dollars toresearch and develop ways to inform the public on new identificationrequirements. Additional cost of $1.5 million in media advertising, television,

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of--a breakdown of that: $750,000 on television, $300,000 in radio, and$300,000 in print, and intemet of $150,000. The secretary of state indicates thatfederal funds associated with Help America Vote Act may be available for use,but the agency will need to verify that with the federal government once this ispassed.

ANCHIA: And the Voting Rights Act covers the State of Texas, correct?

HARLESS: Excuse me?

ANCHIA: i’m sorry, the Voting Rights Act covers the State of Texas, correct?

HARLESS: Yes.

ANCHIA: And there are protected classes under the Voting Rights Act, correct?

HARLESS: Yes.

ANCHIA: So my question didn’t relate generally to what the fiscal note said, itrelated specifically to Latinos and African Americans. i also included AsianAmericans because of your home county, Harris County, has a significant AsianAmerican population. So what percentages of the $2 million will be dedicated tothose protected classes?

HARLESS: it is not broken out specifically in the bill. i think this bill willincrease turnout and education among all voters.

ANCHIA: Okay, but there’s nothing in your bill dealing specifically with Latinosor African Americans, correct?

HARLESS: it will increase turnout of all voters and education of all voters.

ANCHIA: But is there--i’ll rephrase the question in case we don’t understand--

HARLESS: i’m a blonde, and that happens.

ANCHIA: is there anything in your bill that specifically requirs education ofLatinos and African Americans covered under the Voting Rights Act? i’ll throwin Asians as well.

HARLESS: The bill that we filed is modeled on the Georgia and indianalegislation that have both been upheld by the U.S. Constitution and pre-clearedby the Department of Justice.

ANCHIA: Do you know what’s in your bill?

HARLESS: i think i do, i’ve read it several times.

ANCHIA: if you know what’s in your bill, then you can answer this question, isthere any funding specifically dedicated to Latinos, or African Americans, orAsians which are protected classes under the Voting Rights Act? i mean, it’seither in there or it’s not.

HARLESS: The funding in the bill provided education for all voters across theState of Texas.

ANCHIA: Okay, but not specifically, not specifically correct?

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HARLESS: it does not specifically carve anything out. This will increase voterturnout and education for all voters.

ANCHIA: Will the educational materials and promotional materials be presentedin English, Spanish, and Vietnamese, with respect to Harris County?

HARLESS: They will be printed in the language that the counties are required toprovide language in.

ANCHIA: But there’s nothing in your bill that specifically states that you willhave bilingual Spanish, English, Vietnamese documents, correct?

HARLESS: There was an amendment that was added in the senate that says thewebsite in each language in which the voter registration materials are available.

ANCHIA: Right, and the website is--

HARLESS: is that what you’re asking?

ANCHIA:--slightly different, the website is a little bit different than thepromotional and educational materials that are going to be distributed to peoplewho may be in the protected classes. So i was just trying to get at whether yourbill includes anything related to promotional materials in English, Spanish, andVietnamese.

HARLESS: it allows for the printing in the language that the counties arerequired to on all the notices at the polling places and that the county registrarwill provide.

ANCHIA: And that language is in your bill?

HARLESS: Yes.

ANCHIA: Okay, can you tell me where?

HARLESS: Well, Section 31.012--

ANCHIA: On what page, really quickly.

HARLESS: Page 3, under Section 5, talks about the languages.

ANCHIA: in each language in which voter registration materials are available, ido see it in your bill.

HARLESS: And that is also a requirement of the federal voter right act, i meanthat’s--

ANCHIA: The Voting Rights Act?

HARLESS: Right--

ANCHIA: But, i’m asking a slightly different question. Will the, for example,TV and radio, and additional notices that are above and beyond this section ofyour bill which is the posted notice, is TV and radio going to be done in multiplelanguages?

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HARLESS: To my understanding, the testimony that we had in committee,where you were at, the secretary of state said that they would look at the bestpractices of other states and decide the best way to accommodate that, so i don’tknow that that specific question was answered from the testimony in committee.You were there.ANCHIA: i don’t believe it was. And i don’t think it’s included in the bill either.HARLESS: The next question?

ANCHIA: What efforts will be made to ensure African Americans and Latinoswill be able to access free identification documents? Will there be mobile unitsor any specific outreach?

HARLESS: There was no testimony on that.

ANCHIA: Yes, but what does your bill say?

HARLESS: There is no specifics in that. That will be up to the secretary of stateto decide those procedures.

ANCHIA: Have you--i know you’ve done a lot of work on this bill, a lot ofresearch. What academic studies have you run across to determine the number ofminorities that lack required photo identification?

HARLESS: From all the testimony that we’ve had in committee, there was nopossible way to determine that.

ANCHIA: And you’re not aware of any academic studies--is what my questionwas asking--any academic studies that deal with that issue?

HARLESS: There are so many studies out there, that no, they all look the samein my head. And i only have this notebook, so i couldn’t bring everything.

ANCHIA: Are you aware of any studies conducted by a state agency to projectthe number of voters that lack the required identification and what percentage ofthese voters are African American or Hispanic? Are you aware of any studieslike that?

HARLESS: i did not see that in testimony.

ANCHIA: But, are you aware of any studies? Above and beyond the testimony?

HARLESS: No. Not advised.

ANCHIA: Why are the identification requirements of SB 14 more restrictivethan SB 362 from last session? is there any evidence to suggest something’schanged?

HARLESS: We’ve had two additional years to see that photo ID is working inother states. We’ve also had two additional years to hear from the public on theirconcerns of the integrity of the ballot box. Only a true photo ID bill can deter anddetect fraud at the polls and can protect the public’s confidence in the election.

ANCHIA: is it possible that Latinos and African Americans in Texas will be putin a worse position in terms of electoral power as a result of SB 14?

TX 00002918




HARLESS: i believe with all my heart that this bill will increase turnout of allvoters in the State of Texas.ANCHIA: But what if you’re wrong? Are there any safeguards in the bill toremedy the situation, for example, a Sunset provision, if we see that there’s asubstantial number of African Americans or Latinos that are disenfranchised bythis bill?HARLESS: in the two states that have passed this type of voter, similar bills toour bill, they have showed increase in election for the minorities, and i think thatwe will see the same results in Texas. This will increase turnout of all votersbecause of the restored confidence that their vote counts.ANCHIA: Okay, and just to be clear, indiana, which is one of the states, is not aVoting Rights Act covered jurisdiction, right? And Georgia, which is VotingRights Act covered, doesn’t have as large a Latino population as Texas, correct?

HARLESS: i have no idea.

ANCHIA: Okay, i would submit to you it doesn’t, is there any triggermechanism for more funding or increased outreach if something does go wrongin the bill and it turns out Latinos and African Americans are disenfranchised?HARLESS: The testimony of the LBB--

REMARKS ORDERED PRINTED

Representative Anchia moved to print remarks between RepresentativeHarless and Representative Anchia.


Amendment No. 1

Representative Anchia offered the following amendment to CSSB 14:

Amend CSSB 14 (house committee printing) by striking the enacting clause(page 1, line 4).

Amendment No. 1 was withdrawn.Amendment No. 2

Representative Giddings offered the following amendment to CSSB 14:

Amend CSSB 14 (house committee printing) as follows:(1) in the recital to SECTION 9 of the bill (page 5, line 1), strike "(g) and

(h)" and substitute "(g), (h), and (i)".(2) in SECTION 9 of the bill, in amended Section 63.001(b), Election Code

(page 5, line 2), strike "Subsection (h)" and substitute "Subsection (h) or (i)".(3) in SECTION 9 of the bill, following added Section 63.001(h), Election

Code (page 6, between lines 23 and 24), add the following:(i) A voter who would otherwise be accepted for voting under

this chapter but for the requirements of Subsection (b) shall be accepted forvoting if, instead of presenting the identification required by Subsection (b), thevoter executes an affidavit under penalty of perjury that asserts that the voter’s

TX 00002919




proof of identification meeting the requirements of Subsection (b) has been stolenand the voter presents to an election officer a copy of an official police report,dated not earlier than the 45th day before the date on which the voter seeks tovote, alleging that the voter was a victim of an offense described by Sections31.03 or 32.51, Penal Code. The voter may redact personal information on thepolice report relating to the voter, other than the voter’s name, address, or date ofbirth. A police report presented under this section is not required to contain thevoter’s date of birth.

CSSB 14 - POINT OF ORDER

Representative Martinez raised a point of order against further considerationof CSSB 14 under Rule 4, Section 32(c)(2) and Rule 4, Section 32(0 of theHouse Rules on the grounds that the bill analysis is incorrect.

The speaker sustained the point of order, speaking as follows:

Mr. Martinez raises a point of order under Rule 4, Section 32(c)(2) and Rule4, Section 32(0 in that the bill analysis is substantially or materially misleading,specifically because the bill analysis refers to six business days while the text ofthe bill refers only to six days.

The chair has reviewed the bill and bill analysis and finds the reference inthe bill analysis to be materially or substantially misleading in the context of thebill. The point of order is sustained.

CSSB 14 was returned to the Select Committee on Voter identification andVoter Fraud.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for today because ofimportant business:

Gutierrez on motion of Burnam.

COMMITTEE MEETING ANNOUNCEMENTS

The following committee meetings were announced:

Business and industry will reconvene 10 minutes after adjournment today.

Ways and Means will reconvene 15 minutes after adjournment today.

Border and intergovernmental Affairs, 2 p.m. today.

ADJOURNMENT

Representative L. Taylor moved that the house adjourn until 10 a.m.tomorrow.


The house accordingly, at 1:51 p.m., adjourned until 10 a.m. tomorrow.

TX 00002920




ADDENDUM

MESSAGES FROM THE SENATE

The following messages from the senate were today received by the house:

Message No. 1

MESSAGE FROM THE SENATESENATE CHAMBER

Austin, TexasMonday, March 21,2011

The Honorable Speaker of the HouseHouse ChamberAustin, Texas

Mr. Speaker:

i am directed by the senate to inform the house that the senate has taken thefollowing action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HCR 47 Guillen SPONSOR: Zaffiriniin memory of U.S. Army Private First Class ira Benjamin Laningham IV ofZapata.

SB 160 WilliamsRelating to the regulation of certain aggregate production operations by the TexasCommission on Environmental Quality; providing penalties.

SB 173 WestRelating to civil remedy of violations of certain municipal health and safetyordinances.

SB 312 SeligerRelating to the exemption of certain electric cooperatives from certainregulations.

SB 350 WilliamsRelating to the restructuring of fund obligations and accounts of the TexasMunicipal Retirement System and related actuarial and accounting procedures.

SB 361 DuncanRelating to indemnification provisions in construction contracts.

SB 370 SeligerRelating to the authority of the Texas Water Development Board to providefinancial assistance for certain projects if the applicant has failed to complete arequest for information relevant to the project.

SB 425 Carona

TX 00002921




Relating to property and casualty certificates of insurance and approval ofproperty and casualty certificate of insurance forms by the Texas Department ofinsurance; providing penalties.

SB 527 FraserRelating to projects funded through the Texas emissions reduction plan.

SB 566 WilliamsRelating to the regulation of the practice of public accountancy.

SB 605 RodriguezRelating to the creation of an appellate judicial system for the Eighth Court ofAppeals District.

SB 781 CaronaRelating to the repeal of certain legislative oversight committees.

Respectfully,Patsy SpawSecretary of the Senate

HB

HB

APPENDIX

STANDING COMMITTEE REPORTSFavorable reports have been filed by committees as follows:

March 17Criminal Jurisprudence - HB 341, HB 350, HB 690

Public Education - HB 1703State Affairs - HB 888, HB 1064, HB 1165Ways and Means -ItB 234, ItB 252, ItB 361

March 18Agriculture and Livestock - HB 92Business and industry - HB 681

Culture, Recreation, and Tourism - HB 308, HB 790, HB 1301, HB 1346,1843, HB 1844, HCR 33Higher Education - HB 9, HB 10Licensing and Administrative Procedures - HB 378, HB 457, HB 510,1510Public Education - HB 675, HB 861, HB 1130

Public Health - HB 549, HB 670State Affairs - HB 51, HB 183, H JR 65

TX 00002922




Transportation - HB 238

Ways and Means - HB 499

ENROLLEDMarch 17 - HCR 10, HCR 28

SENT TO THE GOVERNORMarch 17 - HCR 10, HCR 28, HCR 40, HCR 56, HCR 59, HCR 76

SENT TO THE SECRETARY OF THE STATEMarch 17 - HCR 58

SIGNED BY THE GOVERNOR

March 18 - HCR 49, HCR 70

TX 00002923



TX 00002924



CONFERENCE COMMITrEE REPORT FORM

Dat

Austin, Texas

Honorable David DewhurstPresident of the Senate

Honorable Joe StrausSpeaker of the House of Representatives

Sirs:

We, Your Conference Committee, appointed to adjust the differences between the Senate and theHouse of Representatives on __. S,~n~, ~tll 14 have had the same underconsideration, and beg to report it back with the recommendation that it do pass in the form andtext hereto attached.

Troy ~ z*’a~r, C~%alr

Toa~n~,On the part of the Senate On the part of the House

Note to Conference Committee Clerk:

Please type the names of the members of the Conference Committee under the lines provided for signature. Thosemembers desiring to sign the report should sign each of the six copies. Attach a copy of the Conference CommitteeReport and a Section by Section side by side comparison to each of the six reporting forms. The original and twocopies are filed in house of origin of the bill, and three copies in the other house.

TX 00003519

Defendant’s Exhibit #OO2

DE-000021


CONFERENCECOMMITTEE REPORT

3rd Printing

S.B. No. 14

A BILL TO BE ENTITLED

1 AN ACT

2 relating to requirements to vote, including presenting proof of

3 identification; providing criminal penalties.

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

5 SECTION I. Section 13.002, Election Code, is amended by

6 adding Subsection (i) to read as follows:

7 (i) An applicant who wishes to receive an exemption from the

8 requirements of Section 63.001(b) on the basis of disability must

9 include with the person’s application:

,I0 (I) written documentation:

II (A) from the United States Social Security

12 Administration evidencing the apDlicant has been determined to have

13 a disability; or

14 (B) from the United States Department of Veterans

15 Affairs evidencing the applicant has a disability rating of at

16 least 50 percent; and

17 (2) a statement in a form prescribed by the secretary

18 of state that the applicant does not have a form of identification

19 acceptable under Section 63.0101.

20 SECTION 2. Section 15.001, Election Code, is amended by

21 adding Subsection (c) to read as follows:

22 (c) A certificate issued to a voter who meets the

23 certification requirements of Section 13.002(i) must contain an

24 indication that the voter is exempt from the requirement to present

82R24861 JEJ-D 1TX 00003520

Defendant’s Exhibit #002

DE-000022


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identification other than

being accepted for voting.

SECTION 3. Effective

S. B. No. 14

the registration certificate before

September I, 2011, 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

~egistration certificate issued under Section 13.142 or renewal

~egistration 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 4. Section 15.022(a), Election Code, is amended to

read as follows:

(a) The registrar shall make the appropriate corrections in

the registration records, including,

voter’s name from the suspense list:

(i) after receipt of a

if necessary, deleting 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;

82R24861 JRJ-D 2TX 00003521


DE-000023


S.B. No. 14

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

2 county election precinct or a change in its boundary;

3 (6) after receipt of United States Postal Service

4 information indicating an address reclassification;

(7) after receipt of a voter’s response under Section5

6 15. 053 ; or

7 (8) after receipt of a registration application or

8 change of address under Chapter 20.

9 SECTION 5. Effective September i, 2011, Subchapter A,

i0 Chapter 31, Election Code, is amended by adding Section 31.012 to

ii read as follows:

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

13 secretary of state and the voter registrar of each county that

14 maintains a website shall provide notice of the identification

15 requirements for voting prescribed by Chapter 63 on each entity’s

16 respective website in each language in which voter registration

17 materials are available. The secretary of state shall prescribe

18 the wording of the notice to be included on the websites.

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

20 to educate voters regarding the identification requirements for

21 voting prescribed by Chapter 63.

22 (c) The county clerk of each county shall post in a

23 prominent location at the clerk’s office a physical copy of the

24 notice prescribed under Subsection (a) in each language in which

25 voter registration materials are available.

26 SECTION 6. Effective September i, 2011, Section 32.111,

27 Election Code, is amended by adding Subsection (c) to read as

82R24861 JRJ-D 3

TX 00003522


DE-000024


S.B. No. 14

1 follows:

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

3 must include provisions on the acceptance and handling of the

4 identification presented by a voter to an election officer under

5 Section 63.001.

6 SECTION 7. Effective September i, 2011, Section 32.114(a),

7 Election Code, is amended to read as follows:

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

9 training using the standardized training program and materials

i0 developed and provided by the secretary of state under Section

ii 32.111 for the election judges and clerks appointed to serve in

12 elections ordered by the governor or a county authority. Each

13 election judge shall complete the training program. Each election

14 clerk shall complete the part of the training program relating to

15 the acceptance and handling of the identification presented by a

16 voter to an election officer under Section 63.001.

17 SECTION 8. Chapter 62, Election Code, is amended by adding

18 Section 62.016 to read as follows:

19 Sec. 62.016. NOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE

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

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

22 forms of identification. The list must be printed using a font that

23 is at least 24-point. The notice required under this section must

24 be posted separately from any other notice required by state or

25 federal law.

26 SECTION 9. Section 63.001, Election Code, is amended by

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

82R24861 JRJ-D 4TX 00003523


DE-000025


S. B. No. 14

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

2 (b) Except as provided by Subsection (h), on [Q~] offering

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

4 place one form of identification described by Section 63.0101 [~-h~

6 the ~ ~ ~ ~ ~]

7 (C) On presentation of the documentation required under

8 Subsection (b) [a ~~=~ ..... t~;~],.~ .................... an election officer

9 shall determine whether the voter’s name on the documentation

I0 [~egistraticn certificate] is on the list of registered voters for

Ii the precinct. If in makinq a determination under this subsection

12 the election officer determines under standards adopted by the

13 secretary of state that the voter’s name on the documentation is

14 substantially similar to but does not match exactly with the name on

15 the list, the voter shall be accepted for voting under Subsection

16 (d) if the voter submits an affidavit stating that the voter is the

17 person on the list of registered voters.

18 (d) If, as determined under Subsection (c), the voter’s name

19 is on the precinct list of registered voters and the voter’s

20 identity can be verified from the documentation presented under

21 Subsection (b), the voter shall be accepted for voting.

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

23 officer shall return the voter’s documentation [~~~

24 certificate] to the voter.

25 (g) If the requirements for identification prescribed by

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

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

82R24861 JRJ-D 5

TX_00003524


DE-000026


S.B. No. 14

1 not accepted for voting under this section, an election officer

2 shall:

3 (i) inform the voter of the voter’s right to cast a

4 provisional ballot under Section 63.011; and

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

6 form prescribed by the secretary of state, that:

7 (A) lists the requirements for identification;

8 (B) states the procedure for presentinq

9 identification under Section 65.0541;

i0 (C) includes a map. showing the location where

ii identification must be presented; and

12 (D) includes notice that if all procedures are

13 followed and the voter is found to be eligible to vote and is voting

14 in the correct precinct~ the voter’s provisional ballot will be

15 accepted.

16 (h) The requirements for :identification prescribed by

17 Subsection (b) do not apply to a voter who is disabled and presents

18 the voter’s voter registration certificate containinq the

19 indication described by Section 15.001(c) on offering to vote.

20 SECTION i0. Section 63.0011(a), Election Code, is amended

21

22

23

24

25

26

27

to read as follows:

(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 residencem_~ [a~] listedm on

82R24861 JRJ-D 6TX 00003525


DE-000027


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S.B. No. 14

1 identification presented by the voter under Section 63.001(b) [~4~e

2 ~-~’ .... ~ ..... ~÷~ .... rtificatc] is current and whether the

3 voter has changed residence within the county.

4 SECTION ii. Effective September i, 2011, Chapter 63,

Election Code, is amended by adding Section 63.0012 to read as

follows:

Sec. 63.0012.

CERTAIN VOTERS. (a)

NOTICE OF IDENTIFICATION REQUIREMENTS TO

An election officer shall distribute written

notice of the identification that will be required for voting

beginning with elections held after January i, 2012, and

information on obtaining identification without a fee under Chapter

521A, 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 i, 2017.

Section 63.006, Election Code, is amended toSECTION 12.

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)

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

voters[~] shall be accepted for voting if the voter also presents a

82R24861 JRJ-D 7TX_00003526


DE-000028


1 voter registration

2 currently registered:

3 (I)

4 vote; or

precinct

S o B. No. 14

certificate indicating that the voter is

in the precinct in which the voter is offering to

(2) in a different precinct in the same county as the

in which the voter is offering to vote and the voter

5

6

7 executes an affidavit stating that the voter:

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

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

i0 that precinct;

ii (B) was a resident of the precinct in which the

12 voter is offering to vote at the time the information on the voter’s

13 residence address was last provided to the voter registrar;

14 (C) did not deliberately provide false

15 information to secure registration in a precinct in which the voter

16 does not reside; and

17 (D) is voting only once in the election.

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

19 (I) indicate beside the voter’s name on the poll list

20 that the voter was accepted under this section; an__d

21 (2) enter the voter’s name on the registration

22 omissions list.

23 SECTION 13. Section 63.009, Election Code, is amended to

24 read as follows:

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

26 A [-(~) ~ .... ~ as provided ~’" e,~+~ (~),~ ~ ~ ~ ~] voter who does not

27 present a voter registration certificate when offering to vote, and

82R24861 JRJ-D 8TX 00003527


DE-000029


S. B. No. 14

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

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

3 provisional voting if the voter executes an affidavit in accordance

4 with Section 63.011.

5 [ (b) io tion ~ ...... ~~ .... ;~ ~ ....

13 SECTION 14. Section 63.0101, Election Code, is amended to

14 read as follows:

15 Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.

16 The following documentation is a~ acceptable form [as proof] of

17 photo identification under this chapter:

18 (i) a driver’s license, election identification

19 certificate, or personal identification card issued to the person

20 by the Department of Public Safety that has not [or a similar

22 ..... ~l .... ~ ,,,~ n~ ~ ~ ~n l~ .......... ~ has] pired that~ ~ ..................................... ex

23 expired no earlier than 60 days before the date of presentation;

24 (2) a United States military identification card that

25 contains the person’s photograph that has not expired or that

26 expired no earlier than 60 days before the date of presentation

82R24861 JRJ-D 9

TX 00003528


DE-000030


S.B. No. 14

1 ~_~_~i ~ s~..~ ~ person’s identity] ;

2 3 a r ..... 1 ...................

3 ~ ~ i~ ~dmissib!c.- ~ a cc~r~ ~ ~ ...... ~ ~~

5 [~] United States citizenship certificate [papers]

6 issued to the pe~son that contains the person’s photograph;

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

8 person that has not expired or that expired no earlier than 60 day~

9 before the date of presentation; o~

i0 (5) a license to carry a concealed handgun issued to

ii the person by the Department of Public Safety that has not expired

12 or that expired no earlier than 60 days before the date of

13 presentation

14 [(~) ~~ mail ~es"~ ~ th~ p .....

16 [(~) ....... ~ ........ ~ "~ ~’" ~ bank st

20 the secretary of state].

21 SECTION 15. Section 63.011, Election Code, is amended

22 amending Subsections (a) and (b) and adding Subsection (b-l) to

23 ~ead as follows:

24 (a) Ape~son to whom Section 63.001(g) [6Z. 00e(b)] or 63.009

25 [63.~009(a}] applies may cast a p~ovisional ballot if the person

26 executes an affidavit stating that the person:

27 (1) is a ~egiste~ed vote~ in the precinct in which the

82R24861 JRJ-D I0TX_00003529


DE-000031


S .B. No. 14

1 person seeks to vote; and

2 (2) is eligible to vote in the election.

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

4 [shall] be printed on an envelope in which the provisional ballot

5 voted by the person may be placed and must include:

6 (i) a space for entering the identification number of

7 the provisional ballot voted by the person; and

8 (2) a space for an election officer to indicate

9 whether the person presented a form of identification described by

i0 Section 63.0101.

ii (b-l) The affidavit form may include space for disclosure of

12 any necessary information to enable the person to register to vote

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

14 of the affidavit under this section.

15 SECTION 16. Section 64.012(b), Election Code, is amended to

16 read as follows:

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

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

19 that case, the offense is a state jail felony [C!acc A mic£emeancr].

20 SECTION 17. Section 65.054(b), Election Code, is amended to

21 read as follows:

22 (b) A provisional ballot shall [may] be accepted [~w~-l-~] if

23 the board determines that:

24 (I__~) [T] from the information in the affidavit or

25 contained in public records, the person is eliigible to vote in the

26 election and has not previously voted in that e!ectioni

27 (2) the person:

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S.B. No. 14

1 (A) meets the identification requirements of

2 Section 63.001(b) at the time the ballot was cast or in the period

3 prescribed under Section 65.0541;

4 (B) notwithstanding Chapter Ii0, Civil Practice

5 and Remedies Code, executes an affidavit under penalty of perjury

6 that states the voter has a religious objectio~ to being

7 photographed and the voter has consistently refused to be

8 photographed for any governmental purpose from the time the voter

9 has held this belief;.or

I0 (C) executes an affidavit under penalty of

ii perjury that states the voter does not have any identification

12 meeting the requirements of Section 63.001(b) as a result of a

13 natural disaster that was declared by the president of the United

14 States or the qovernor, occurred not earlier than 45 days before the

15 date the ballot was cast, and caused the destruction of or inability

16 to access the voter’s identification; and

17 (3) the voter has not been challenqed and voted a

18 provisional ballot solely because the voter did not meet the

19 requirements for identification prescribed by Section 63.001(b).

20 SECTION 18. Subchapter B, Chapter 65, Election Code, is

21 amended by addinq Section 65.0541 to read as follows:

22 Sec. 65.0541. PRESENTATION OF IDENTIFICATION FOR CERTAIN

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

24 voting under Section 63.011 because the voter does not meet the

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

26 than the sixth day after the date of the election:

27 (I) present a form of identification described by

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S. B. No. 14

1 Section 63.0101 to the voter registrar for examination; or

2 (2) execute an affidavit described by Section

3 65.054(b) (2) (B) or (C) in the presence of the voter reqistrar.

4 (b) The secretary of state shall Drescribe procedures as

necessary to implement this section.

SECTION 19. Section 66.0241, Election Code, is amended to

read as follows:

Sec. 66.0241.

must contain:

(i)

(2)

(3)

(4)

CONTENTS OF ENVELOPE NO. 4. Envelope no. 4

the precinct list of registered voters;

the registration correction list;

the registration omissions list;

any statements of residence executed under Section

affidavits executed under Section 63.006

63.0011; and

(5) any

[-£2.007] or 63.011.

SECTION 20. Subtitle B, Title 7, Transportation Code, is

amended by adding Chapter 521A to read as follows:

CHAPTER 521A. ELECTION IDENTIFICATION CERTIFICATE

Sec. 521A.001. ELECTION IDENTIFICATION CERTIFICATE. (a)

The department shall issue an election identification certificate

to a person who states that the person is obtaining the certificate

for the purpose of satisfying Section 63.001(b), Election Code, and

does not have another form of identification described by Section

63.0101, Election Code, and:

(I) who is a registered voter in this state and

presents a valid voter registration certificate; or

82R24861 JRJ-D 13TX 00003532


DE-000034


S.B. No. 14

1 (2) who is eligible for registration under Section

2 13.001, Election Code, and submits a registration application to.

3 the department.

4 (b) The department may not collect a fee for an election

5 identification certificate or a duplicate election identification

6 certificate issued under this section.

7 (c) An election identification certificate may not be used

8 or accepted as a personal identification certificate.

9 (d) An election officer may not deny the holder of an

i0 election identification certificate the ability to vote because the

ii holder has an election identification certificate rather than a

12 driver’s license or persona! identification certificate issued

13 under this subtitle.

14 (e) An election identification certificate must be similar

15 in form to, but distinguishable in color from, a driver’s license

16 and a persona! identification certificate. The department may

17 cooperate with the secretary of state in developing the form and

18 9ppearance of an election identification certificate.

19 (f) The department may require each applicant for an

20 9riginal or renewal election identification certificate to furnish

21 to the department the information required by Section 521.142.

22 (g) The department may cancel and require surrender of an

23 election identification certificate after determining that the

24 holder was not entitled to the certificate or gave incorrect or

25 incomplete information in the application for the certificate.

26 (h) A certificate expires on a date specified by the

27 ~epartment, except that a certificate issued to a person 70 years of

82R24861 JRJ-D 14

TX 00003533


DE-000035


1

2

3

4

S .B. No. 14

5

6

7

8

9

io

ii

12

13

14

15

16

17

18

19

20

21

22

23

24

age or older does not expire.

Sections 63.007 and 63.008, Election Code, areSECTION 21.

repealed.

SECTION 22. Effective Septemb.er I, 2011:

(i) as soon as practicable, 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) as soon as practicable, 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 23.

Section 64.012(b),

The change in law made by this Act in amending

Election Code, applies only to an offense

committed on or after January i, 2012. An offense committed before

January I, 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 i, 2012, if any element of the offense occurs before

that date.

SECTION 24. Effective

disbursed under Chapter 19,

September i, 2011, state funds

Election Code, for the purpose of

25

26

27 activities designed to expand voter registration.

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

This section

82R24861 JRJ-D 15TX 00003534


DE-000036


S. B. No. 14

1 expires January I, 2013.

2 SECTION 25. Every provision in this Act and every

3 application of the provisions in this Act are severable from each

4 other. If any application of any provision in this Act to any

5 person or group of persons or circumstances is found by a court to

6 be invalid, the remainder of this Act and the application of the

7 Act’s provisions to all other persons and circumstances may not be

8 affected. All constitutionally valid applications of this Act

9 shall be severed from any applications that a court finds to be

i0 invalid, leaving the valid applications in force, because it is the

ii legislature’s intent and priority that the valid applications be

12 allowed to stand alone. Even if a reviewing court finds a provision

13 of this Act invalid in a large or substantial fraction of relevant

14 cases, the remaining valid applications shall be severed and

15 allowed to remain in force.

16 SECTION 26. Except as otherwise provided by this Act, this

17 Act takes effect January I, 2012.

82R24861 JRJ-D 16TX 00003535


DE-000037


SENATE VERSION

No equivalent provision.

SECTION 1. Section 13.002, Election Code, is amended byadding Subsection (i), requiring an applicant for voterregistration who wishes to receive an exemption from voteridentification requirements on the basis of disability to includewith the person’s application a certification from a physicianthat the person has a disability as defined by Section 21.002,Labor Code.

SECTION 2. Amends Section 15.001, Election Code.

Senate Bill 14Conference Committee ReportSection-by-Section Analysis

HOUSE VERSION

SECTION _. Adds Section 1.005(25), Election Code, todefine "early voting ballot board" to mean the early voting andprovisional voting ballot board. [FA59(1)]

SECTION 1. Same as Senate version, except replaces therequirement that the applicant include certification from aphysician that the person has a disability with the requirementthat the applicant include written documentation either fromthe United States Social Security Administration evidencingthe applicant has been determined to have a disability or fromthe United States Department of Veterans Affairs evidencingthe applicant has a disability rating of at least 50 percent,along with a statement in a form prescribed by the secretary ofstate that the applicant does not have a form of identificationacceptable under Section 63.0101, Election Code, as amendedby the bill.

SECTION 2. Same as Senate version.

CONFERENCE

Same as Senate version.

SECTION 1. Same as House version.


SECTION 3. Adds Section 15.005, Election Code. SECTION 3. Substantially the same as Senate version, exceptincorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version.


SECTION 4. Amends Section 15.022(a)(3), Election Code. SECTION 4. Same as Senate version. SECTION 4. Same as Senate version.

SECTION 5. Subchapter A, Chapter 31, Election Code, isSECTION 5. Substantially the same as Senate version, exceptSECTION 5. Same as Senate version, except incorporates

Associated CCR Draft: 82R24861 1TX_00003536

11.117.417

Defendant’ s Exhibit #OO2

DE-000038


SENATE VERSION

amended by adding Section 31.012, relating to voteridentification education provided by the secretary of state andthe voter registrar of each county that maintains a website.Among other provisions, requires the secretary of state toconduct a statewide effort to educate voters regarding theidentification requirements for voting.

SECTION 6. Section 32.t11, Election Code, is amended byadding (c).


HOUSE VERSION

requires the secretary of state’s statewide effort to includeeducation targeted at low-income and minority voters.Incorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version. [FA27]

SECTION 6. Substantially the same as Senate version, exceptincorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version.

CONFERENCE

effective date same as House version.


SECTION 7. Amends Section 32.114(a), Election Code. SECTION 7. Substantially the same as Senate version, exceptincorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version.


SECTION 8. Chapter 62, Election Code, is amended byadding Section 62.016, relating to the notice and list ofacceptable identification that must be posted in a prominentplace on the outside of each polling location. Requires thenotice and a list of the acceptable forms of identification to beprinted using a font that is at least 24-point. Establishes thatthe notices required under this section shall be postedseparately from all other notices required by state or federallaw.

SECTION 8. Same as Senate version, except requires onlythe list to be printed using a font that is at least 24-point andestablishes that the notice under this section must be postedseparately from any other notice required by state or federallaw.


SECTION 9. Section 63.001, Election Code, is amended byamending Subsections (b), (c), (d), and (f) and addingSubsections (g) and (h) as follows:

Associated CCR Draft: 82R24861

SECTION 9. [FA3(1)-(3);FA5;FA7;FA10;FA 13(1)-(2)]Section 63.001, Election Code, is amended by amendingSubsections (b), (c), (d), and (f) and adding Subsections (g),(h), and (i) to read as follows

TX_00003537

SECTION 9. Section 63.001, Election Code, is amended byamending Subsections (b), (c), (d), and (f) and addingSubsections (g) and (h) as follows:

11.117.417


DE-000039


SENATE VERSION

(b) Among other provisions, requires a voter, on offering tovote, to present to an election officer at the polling place oneform of identification listed in Section 63.0101, except asprovided by Subsection (h).

(c) Among other provisions, requires the acceptance of avoter for voting if the voter submits an affidavit stating thatthe voter is the person on the list of registered voters and theelection of-fleer, in determining whether a voter’s name is onthat list, determines that the voter’s name on thedocumentation is substantially similar but does not matchexactly the name on the list.

(d) Provides that if the voter’s name is on the precinct list ofregistered voters and the voter’s identity can be verified fromthe presented documentation the voter shall be accepted forvoting.

(f) Requiring an election officer, at~er determining whether toaccept a voter, to return the voter’s documentation to the voter.

(g) Among other provisions, requires the written informationrelating to provisional voting that is provided to a voteraccepted for provisional voting because the identificationrequirements are not met to include, among other information,notice that even if all procedures are followed, there is noguarantee that a provisional ballot will be accepted.


HOUSE VERSION

(b) Same as Senate version, except refers to the forms ofidentification described by Section 63.0101 and providesexceptions in Subsections (h) and (i).

(c) Substantially the same as Senate version, except specifiesthat the acceptance of a voter for voting is under Subsection(d) of this section and specifies that the election officer’sdetermination that the voter’s name on the documentation issubstantially similar to but does not match exactly with thename on the list is under standards adopted by the secretary ofstate.

(d) Same as Senate version, except specifies that theacceptance for voting is as determined under Subsection (c) ofthis section.

(f) Same as Senate version.

(g) Among other provisions, requires the written informationrelating to provisional voting that is provided to a voteraccepted for provisional voting because the identificationrequirements are not met to include, among other information,notice that if all procedures are followed and the voter isfound to be eligible to vote in the election, the voter’sprovisional ballot will be counted.

CONFERENCE

(b) Same as House version, except provides an exception inSubsection (h)

(c) Substantially the same as House version.

(d) Same as House version.

(f) Same as Senate version.

(g) Among other provisions, requires the written informationrelating to provisional voting that is provided to a voteraccepted for provisional voting because the identificationrequirements are not met to include, among other information,notice that if all procedures are followed and the voter isfound to be eligible to vote and is voting in the correctprecinct, the voter’s provisional ballot will be accepted.

(h) Exempts from the voter identification requirementsprescribed by Subsection (b) of this section a voter who

(h) Same as Senate version, except omits ~ a ground forexemption from the voter identification requirements that the

(h) Same as Senate version, except omits as a ground forexemption from the voter identification requirements that the


11.117.417

Defendant’ s Exhibit #002

DE-000040


SENATE VERSION

presents the voter’s voter registration certificate on offering tovote and was 70 years of age or older on January 1, 2012, asindicated by the date of birth on the voter’s voter registrationcertificate, or is disabled and the voter’s voter registrationcertificate contains the indication described by Section15.001(c) of the bill.


SECTION 10. Subsection (a), Section 63.0011, ElectionCode, is amended.

SECTION 11. Chapter 63, Election Code, is amended byadding Section 63.00t2. Among other provisions, requires anelection officer to distribute information on obtainingidentification without a fee under Section $21.422,Transportation Code, to each voter who, when offering tovote, presents a form of identification that will not besufficient for acceptance as a voter under Chapter 63, ElectionCode, beginning with those elections.

SECTION 12. Section 63.006, Election Code, is amended,relating to the acceptance for voting of a voter who presentsthe required documentation for voting but is not on theprecinct list of registered voters. Includes as a ground for



HOUSE VERSION

voter was 70 years of age or older on January 1, 2012, andincludes as a ground for exemption that the voter executes anaffidavit under penalty of perjury asserting that the voter doesnot have identification meeting the requirements ofSubsection (b) as a result of a natural disaster declared by thepresident of the United States or the governor.

(i) Relating to the acceptance for voting of a voter who wouldotherwise be accepted but for the voter identificationrequirements of Subsection (b) if the voter executes anaffidavit within a specified period asserting that the voter’sproof of identification meeting those requirements has beenstolen and the voter presents to an election officer a copy of anofficial police report to that effect. Provides for the redactionand exemption of certain personal information of the voter onthe report.


SECTION 11. Substantially the same as Senate version,except incorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version.

SECTION 12. Same as Senate version, except specifies thatthe voter registration certificate presented by .the voterindicates that the voter is currently registered in a differentprecinct in the same county as the precinct in which the voter

TX 00003539

CONFERENCE

voter was 70 years of age or older on January 1, 2012.



SECTION 11. Same as House version, except refers toinformation on obtaining identification without a fee underChapter 521A, Transportation Code.


11.117.417


DE-000041


SENATE VERSION

accepting such a voter for voting that the voter also presents avoter registration certificate indicating that the voter iscurrently registered in a different precinct from the one inwhich the voter is offering to vote. Includes among the actionsan election officer must take after the voter is acceptedentering the precinct of the voter’s registration as indicatedby the voter’s registration certificate, if applicable, on theregistration omissions list

SECTION 13. Section 63.009, Election Code, is amended.

SECTION 14. Section 63.0IOI, Election Code, is amended toestablish the acceptable forms of photo identification forvoting. Includes among those forms of identification a licenseto carry a concealed handgun issued to the person by theDepartment of Public Safety (DPS).

SECTION 15. Section 63.011, Election Code, is amended byamending Subsections (a) and (b), as follows:

(a) Makes conforming changes.

(b) [part] Establishes that a form for an affidavit required bythis section shall be printed on an envelope in which theprovisional ballot voted by the person may be placed and mustinclude spaces for certain information.


HOUSE VERSION

is offering to vote. Includes among the actions an electionofficer must take after the voter is accepted entering thevoter’s name on the registration omissions list.

sEcTIoN 13. Same as Senate version.

SECTION 14. Same as Senate version, except specifies that,for a license to carry a concealed handgun to be an acceptableform of photo identification for voting, the license has notexpired or expired no earlier than 60 days before the date ofpresentation. Adds as acceptable forms of photo identificationfor voting a valid identification card that contains the person’sphotograph and is issued by a tribal organization and anidentification card that contains the person’s photograph and isissued or approved by this state. [FA20(1),(2);FA30(1),(2)]

SECTION 15. [FA26(1),(2)] Section 63.011, Election Code,is amended by amending Subsections (a) and (b) and addingSubsections (b-l) and (f) as follows:

(a) Same as Senate version.

(b) Same as Senate version, except specifies that the form forthe affidavit must be printed on such an envelope.

CONFERENCE


SECTION 14. Same as Senate version, except includes as anacceptable form of identification an election identificationcertificate and includes the specification in the House versionthat a license to carry a concealed handgun issued to theperson by DPS refers to a license that has not expired or hasexpired no earlier than 60 days before the date of presentation.

SECTION 15. Section 63.0I !, Election Code, is amended byamending Subsections (a) and (b) and adding Subsection (b-l)as follows:

(a) Same as Senate version.

(b) Same as House version.


11.117.417


DE-000042


SENATE VERSION

(b) [part] Sets out requirements for the affidavit form.


SECTION I6. Subsection (b), Section 64.012, Election Code,is amended.

SECTION 17.. Section 65.054, Etection Code, is amended byamending Subsection (b) and adding Subsection (e), asfollows:


(b) Includes among the options for meeting the identificationrequirements for acceptance of a provisional ballot by theearly voting ballot board the determination by the board thatthe person meets the identification requirements of Section63.001(b) in the period prescribed under Section 65.054 orexecutes an affidavit under penalty of perjury stating that thevoter is indigent and is unable to obtain proof of identificationwithout the payment of a fee or has a religious objection tobeing photographed. Requires the affidavit to also state thatthe voter has not been challenged or required to vote aprovisional ballot for any other reason.



HOUSE VERSION

(b-l) Same as Senate version.

(f) Provides for the execution of an affidavit under certainprovisions of the bill and the availability of forms for suchaffidavits at each polling place.


SECTION 17. [FA28(1);FA53(2);FA59(2),(3)] Section65.054, Election Code, is amended by amending Subsections(a) and (b), as follows:

(a) Specifies that the board examining affidavits executedunder Section 63.011 for determination of acceptance ofprovisional ballots is the early voting and provisional votingballot board, rather than the early voting ballot board.

(b) Same as Senate version, except specifies that thedetermination by the board that the person meets theidentification requirements of Section 63.00l(b) is either atthe time the ballot was cast or in the period prescribed underSection 65.054. Adds as an option for meeting theidentification requirements that the person within theprescribed period present~ a temporary license issued by DPSthat contains the voter’s photograph. Omits the option toexecute an affidavit relating to the voter’s indigence orreligious objection to being photographed and the fact that thevoter has not been challenged or required to vote a provisionalballot for any other reason.

6

TX 00003541

Defendant’s Exhibit #O02

CONFERENCE

(b-l) Same as Senate version.



SECTION 17. Section 65.054, Election Code, is amended byamending Subsection (b)


(b) Same as Senate version, except specifies that thedetermination by the board that the person meets theidentification requirements of Section 63.001(b) is either atthe time the ballot was cast or in the period prescribed underSection 65.054. Omits the option to execute an affidavitrelating to the voter’s indigence. Revises the option to executean affidavit relating to a religious objection to,notwithstanding Chapter 110, Civil Practice and RemediesCode and under penalty of perjury, state that the voter has areligious objection to being photographed and hasconsistently refused to be photographed for anygovernmental purpose from the time the voter has held thisbelief. Adds an option to execute an affidavit under penalty ofperjury stating that the voter does not have any identification

11.117.417

DE-000043


SENATE VERSION

(e) Provides for the meaning for the term "indigent," as usedin this section, by reference to the Government Code.

SECTION 18. Subchapter B, Chapter 65, Election Code, isamended by adding Section 65.0541, relating to thepresentation of identification for certain provisional ballots.Among other provisions, authorizes a voter who is acceptedfor provisional voting under Section 63.011 because the voterdoes not meet the identification requirements of Section63.00I(b) to present proof of identification described bySection 63.0101 to the voter registrar for examination within aprescribed period or execute one of the affidavit optionsdescribed in Section 65.054(b) above.

SECTION 19. Section 66.0241, Election Code.




HOUSE VERSION


SECTION 18. Same as Senate version, except authorizes avoter within the prescribed period to present a form ofidentification described by Section 63.010I. Adds as anoption for meeting the identification requirements that theperson within the prescribed period presents a temporarylicense issued by DPS that contains the voter’s photograph.Omits the affidavit options..[FA26(3);FA28(2);FA53(3)]


SECTION ___. Section 521.124, Transportation Code, isamended, relating to a temporary license issued by DPS.[FA53(1)]

7TX_00003542

CONFERENCE

meeting the requirements of Section 63.001(b) as a remit of anatural disaster that was declared by the president of theUnited States or the governor~ occurred not earlier than 45days before the date the ballot was cast, and caused thedestruction of or inability to access the voter’s identification.Includes as a condition for accepting a provisional ballot,rather than as a required statement in the affidavit options,that the voter has not been challenged and voted aprovisional ballot solely because the voter did not meet therequirements for identification prescribed by Section63.001(b). [The conference committee may have exceeded thelimitations imposed on its jurisdiction, but only the presidingofficer can make the final determination on this issue,]

Same as House version.

SECTION 18. Same as Senate version, except authorizes avoter within the prescribed period to present a form ofidentification described by Section 63.0101 or execute one ofthe revised affidavit options described in Section 65.054(b)above.



11.117.417


DE-000044


SENATE VERSION

SECTION 20. Section 521.422, Transportation Code, isamended by amending Subsection (a) to make a conformingchange and adding Subsection (d) to establish that DPS maynot eotlect a fee for a personal identification certificate issuedto a person who states that the person is obtaining the personalidentification certificate for the purpose of satisfying Section63.001(b), Election Code, and meets certain otherrequirements.



HOUSE VERSION

SECTION 20. Same as Senate version, except establishes thatDPS shall not collect a fee for a personal identificationcertificate issued to a person who states that the person isobtaining the personal identification certificate for the purposeof satisfying Section 63.001(b), Election Code, and does nothave another form of identification described by Section63.0101, Election Code, and meets certain other requirements.[FA32]

TX 00003543


CONFERENCE

SECTION 20. Subtitle B, Title 7, Transportation Code, isamended by adding Chapter 521A, relating to electionidentification certificates, as follows:(a) Requires DPS to issue an election identification certificateto a person who states that the person is obtaining thecertificate for the purpose of satisfying Section 63.001(b),Election Code, and does not have another form ofidentification described by Section 63.0101, Election Code,and who is a registered voter in this state and presents a validvoter registration certificate or who is eligible for registrationunder Section 13.001, Election Code, and submits aregistration application to the department.(b) Establishes that the department may not collect a fee foran election identification certificate or a duplicate electionidentification certificate issued under this section.(c) Prohibits an election identification certificate from beingused or accepted as a personal identification certificate.(d) Prohibits an election officer from denying the holder of anelection identification certificate the ability to vote becausethe holder has an election identification certificate rather thana driver’s license or personal identification certificate issuedunder this subtitle.(e) Requires an election identification certificate to be similarin form to, but distinguishable in color from, a driver’s licenseand a personal identification certificate. Authorizes DPS tocooperate with the secretary of state in developing the formand appearance of an election identification certificate.(f) Authorizes DPS to require each applicant for an original orrenewal election identification certificate to furnish to thedepartment the information required by Section 521.142,Transportation Code, relating to the application requirementsfor an original drivels license.(g) Authorizes the department to cancel and require surrender

11.117.417

DE-000045


SENATE VERSION


SECTION 21. Repeals Sections 63.007 mad 63.008, ElectionCode, effective January 1, 2012.

SECTION 22. Transition provision.


HOUSE VERSION

SECTION __. Section 521.424, Transportation Code, isamended, prohibiting DPS from collecting a fee for aduplicate personal identification certificate from a person whois obtaining the certificate for the purpose of satisfying theidentification requirements for voting and that the person doesnot have another acceptable form of identification. [FA45]

SECTION 21. Same as Senate version, except omits theJanuary 1, 2012, effective date.

SECTION 22. Substantially the same as Senate version,exce.pt incorporates same effective date for the section that isprovided in SECTION 26(b) of Senate version.

CONFERENCE

of an election identification certificate after determining thatthe holder was not entitled to the certificate or gave incorrector incomplete information in the application for the certificate.(h) Establishes that a certificate expires on a date specified byDPS, except that a certificate issued to a person 70 years ofage or older does not expire. [The conference committee mayhave exceeded the limitations imposed on its jurisdiction, butonly the presiding officer can make the final determination onthis issue.]


SECT/ON 21. Same as House version.


SECTION 23. Saving provision relating to the change in lawmade by the bill applicable to an offense.

SECTION 24. Temporary provision relating to use of statefunds for voter registration.

SECTION 23. Same as Senate version, except specifies thatthe change in law is to Section 64.012(b), Election Code, asamended by the bill.

SECTION 24. Substantially the same as Senate version,except incorporates same effective date for the section that is




11.117.417


DE-000046


SENATE VERSION


HOUSE VERSION

provided in SECTION 26(b) of Senate version.

CONFERENCE

SECTION 25. Establishes that the bill does not make anappropriation and takes effect only if a specific appropriationfor the implementation of the bill is provided in a generalappropriations act of the 82nd Legislature.



SECTION w. Severability provision. [FA48]

Same as House version.


SECTION 26. (a) Except as provided by Subsection (b) ofthis section, this Act takes effect January 1, 2012.(b) The changes in law made by Sections 3, 5, 6, 7, 11, 22,and 24 of this Act take effect September 1,2011.

SECTION 25. Substantially the same as Senate version,except states as otherwise provided by this Act, rather thanspecifying sections that are effective September 1,2011, sincethe effective dates are incorporated into the individual sectionsin the house version.


Associated CCR Draft: 82R24861 lO

TX_00003545

11.117.417


DE-000047


LEGISLATIVE BUDGET BOARDAustin, Texas

FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION

May 5, 2011

TO: Honorable David Dewhurst, Lieutenant Governor, SenateHonorable Joe Straus, Speaker of the House, House of Representatives

FROM: John S O’Brien, Director, Legislative Budget Board

IN RE: SB14 by Fraser (Relating to requirements to vote, including presenting proof ofidentification; providing criminal penalties.), Conference Committee Report

Estimated Two-year Net Impact to General Revenue Related Funds for SB 14, Conference CommitteeReport: a negative impact of ($2,024,000) through the biennium ending August 31, 2013.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds toimplement the provisions of the bill.

General Revenue-Related Funds, Five-Year Impact:

Probable Net Positive/(Negative)Fiscal Year Impact to General Revenue Related

Funds2012 ($2,024,000)2013 $02014 $02015 $02016 $0

All Funds, Five-Year Impact:

Probable Savings/(Cost) fromFiscal Year General Revenue Fund

12012 ($2,024,000)2013 $02014 $02015 $02016 $0

Fiscal Analysis

The bill would exempt certain disabled voters from presenting additional identification for voting,other than the voter registration certificate, if the voter submits written document from the UnitedStates Social Security Administration evidencing the applicant has a disability or the Department ofVeterans Affairs evidencing the applicant has a disability rating of at least 50 percent along with astatement that the applicant does not have an acceptable form of identification. The bill would alsorequire voter registration certificates to contain an indication that the disabled voter is exempted frompresenting additional identification, other than the voter registration certificate, before being acceptedfor voting.

The bill would require the voter registrar of each county to provide a notice of identification

TX_00003546


DE-000048


requirements for voting with each initial voter registration certificate or renewal registration certificateissued. The Secretary of State (SOS) and the voter registrar of each county that maintains a websitewould be required to post on their websites, in each language in which, voter registration materials areavailable, a notice of the identification requirements, and county clerks would be required to post aphysical copy in each language voter registration materials are available. SOS would be required toprescribe the wording of these notices. SOS would also be required to establish a statewide effort toeducate voters regarding the identification requirements for voting.

The bill would require training standards to include instructions on the acceptance and handling of theidentification presented by a voter to an election officer and each election clerk would be required tocomplete this training.

The presiding judge at each polling place would be required to post in a prominent location outside ofthe location a list of the acceptable forms of identification and the list would have to be separate fromany other notices.

The Secretary of State would be required to develop standards for accepting voters when determiningwhether the voter’ s name on the voter’ s form of identification is substantially similar when the namedoes not match exactly with the name on the list of registered voters and the voter submits an affidavitstating that the voter is the person on the list of registered voters.

The Secretary of State would be required to prescribe the wording for written notifications of theidentification requirements for voting beginning with elections held after January 1, 2012 and electionofficers would be required to provide this written notification of voting identification requirements andinformation on obtaining identification without a fee to voters who do not meet identificationrequirements. This section would expire September 1, 2017.

The Secretary of State would be required to prescribe procedures for voters who provisionally votewithout proper identification to present proof of identification to the voter registrar not later than thesixth day after the date of the election.

The bill would require the Department of Public Safety (DPS) to issue an election identificationcertificate (certificate) to a person who states that the person is obtaining the certificate to meet votingidentification requirements and presents a valid voter registration certificate or submits a valid voterregistration application. DPS would be prohibited from collecting a fee for the certificate or aduplicate certificate. The certificate would not be allowed to be used or accepted as a personalidentification certificate. The certificate would be required to be similar in form to, butdistinguishable in color from, a driver’s license and a personal identification certificate. DPS and theSecretary of State would be allowed to cooperate in developing the form and appearance of thecertificate. DPS would determine the expiration date of the certificate except that a certificate issuedto a person 70 years of age or older would not expire.

The bill would repeal Sections 63.007 and 63.008 of the Election Code related to voters with incorrectcertificates who are not on the voter list and voters without certificates who are not on the voter list.

The Secretary of State (SOS) would be required to adopt the training standards and to develop trainingmaterials as soon as practicable after September 1,2011. Each county clerk would be required toprovide a session of training using the standards adopted by and the materials developed by SOS assoon as practicable as well.

The bill would change an offense under this section after January 1, 2012 to a second degree felonyfrom a third degree felony unless the person is convicted of an attempt, in which case, the offensewould be a state jail felony instead of a Class A misdemeanor.

The bill would expand the uses of state funds disbursed under Chapter 19 of the Election Code toinclude additional expenses related to coordinating voter registration drives or other activitiesdesigned to expand voter registration. This section would expire January 1, 2013.

The bill would state that if any provision in the bill is found by a court to be invalid, the remainder of

TX 00003547


DE-000049


the bill. would be allowed to stand alone,

Certain sections would be effective September 1, 2011.January 1, 2012.

The remainder of the bill would be effective

Methodology

The fiscal impact of the bill excluding technology costs is estimated to be $2,000,000 million forfiscal year 2012 out of the General Revenue Fund. The estimate includes $0. million to researchand develop ways to inform the public of the new identification requirements. Additional costsare estimated to be $1.5 mflhon for medm advemsements: tel.ews~on ($750,000), radio($300,000), print ($300,000), and internet ($150,000). The S~cretary of State indicates thatfederal funds associated with the Help America Vote Act (HAVA) may be available for use butthe agency would first need to verify this with the federalgox~ernment.

The Secretary of State would also be required to prescribe th~ wording for voter identificationrequirement notifications in each language voter registration ~aterials are available, developtraining materials on voter identification requirements, and develop standards for accepting voterswhen determimng whether the voter s name on the voter s form of ~dentlficat~on is substantiallysimilar to the name on the list of registered voters. It is assumed that any fiscal implicationassociated with these responsibilities could be absorbed withiln existing resources.

The fiscal impact of expanding the uses of funds disbursed un~ der Chapter 19 of the Election Codeto include coordinating voter registration drives or other actlv~lues designed to expand voterregistration is unknown because it is not known how many v6ter registration drives or otheractivities designed to expand voter registration would occur.

The fiscal impact of the costs from the prohibition of DPS to ~collect a fee for an electionidentification certificate and duplicate certificate issued to a person seeking the certificate for thepurpose of voting is unknown because it is not known how ~any people would make a request foran election identification certificate for voting.

Technology

The technology fiscal impact of the bill is estimated to be $24,000 for programming costs associatedwith creating an indicator on voter registration certificates for voters with certain disabilities. Thenotification would inform election officers at polling places tha! voters with certain disabilities areexempted from presenting additional identification other than tl-ie voter registration certificate. TheSecretary of State indicates that federal funds associated with thee Help America Vote Act (HAVA)may be available for use but the agency would first need to verily this with the federal government.

Local Government Impact ~

The bill would require counties to notify registered voters of changes online if the county maintains awebsite, at polling locations, and included with voter reglstrat~on certificates. Election clerks would berequired to undergo training regarding accepted forms of voter identification. The bill would alsorequire an applicant who wishes to receive an exemption from ~ertain voter identificationrequirements on the basis of disability to include with the person’s application documentation that theapplicant has been determined to have a disability.

Texas Association of Counties (TAC) gathered the following ln~ormatlon from counties:

Bexar County stated that due to limited space on current registrstion certificates, larger cards would benecessary resulting in additional costs of $381,256 for cards, printing and postage. Bexar County alsoreported costs of $1,500 for providing voter ID informational posters ~n Spamsh and Enghsh ~n 2 -point font, and $2,500 in new costs per election regarding print!ng new forms and provisionalenvelopes for information for voters not accepted for voting beeause of failure to present the requiredidentification. Bexar County also anticipates $50,000 in new costs associated with scanning disability

TX 00003548


DE-000050


affidavits and another $50,000 associated with being required to validate provisional envelopes.

Brazoria County estimated that the county clerk would be responsible $1,500 in new costs to reprintprovisional envelopes. The Brazoria County Tax Assessor-Collector anticipates $40,159 in new costsassociated with printing provisional envelopes, in addition to the costs of printing new voterinformation (Brazoria County reported that these costs would vary depending on the specificrequirements of the information to be provided).

Tan’ant County anticipated a one-time cost of $8,000 to reprint provisional balloting materials andprovide new notices.

Comal County anticipated approximately $30,000 in new costs per election for staff at votingprecincts and the early voting ballot board. The Comal County Tax Office reported costs of $2,860 toprint identification requirements, $22,700 for envelopes, and $19,880 for postage to comply with theprovisions of the bill.

Source Agencies:LBB Staff: JOB, SD, MS, BTA

TX 00003549


DE-000051


Certification of Compliance withRule 13, Section 6(b), House Rules of Procedure

(dill)

TX_00003550

Defendant, s Exhibit #OO2

DE-000052


From:Sent:TO:

subject:

Bloomberg News DL questions and answers.txtvinger, TomFriday, January 13, 2012 3:54 PMSETH STERN, BLOOMBERG/ NEWSROOM:Arriaga, Amanda

Bloomberg News DL questions and answers

1.HOW many DPS offices are there statewide where people can get licenses?

307 offices statewide, currently 221 are open to customers and 86 aretemporarily out of service.

2. Have offices been closed since the last presidential election in 2008? YesHow many and why?

86 offices, mostly part-time, low-volume offices. There were a wide range ofissues: outdated equipment, expiring leases, as well as building safety andADA issues at some locations. ’

3. Was it a budget or staffing issue?

There have been offices closed temporarily due to staffing issues, but as soon

as new employees are hired and trained, these offices have reopened.

There were a wide range of issues: outdated equipment, expiring leases, aswell as safety and ADA issues at some locations.

4. Are there plans to close additional locations or open new ones and how many

closures/new facilities will there be?

There are currently no plans to close locations. We are in the process ofreviewing county population, past issuance numbers, distance to the closestdriver license office to identify possible reopening of offices that wereclosed. The actual number of offices that will reopen will be determined byequipment availability and cooperation by local governments.

4. I saw reference to the legislature approving additional resources to allowfor added staff and new large offices in metro areas?

The Texas legislature appropriated $63 million to improve driver licenseservices by increasing staff and adding service capacity, we will add 266full-time DL office emplgyees, open six new me@a-center offices with 25 ormore employees, and acqulre new technology to ~mprove service.

5. Are there any plans to provide mobile vans or other means of reachingpeople in counties where there currently isn’t an office or limited hours?

Then are no such plans. You can contact the Secretary of State’s office inreference to voter outreach.

6. should the law go into effect, are there any special plans in terms of newequipment, form of identification you’ll offer or voter education (or is voter

education something secretary of state’s office would do?)

The Secretary of State is responsible for the state’s voter education program.

If final approval is given for the program to proceed, DPS will issue a no-cost election certificate to qualified persons who do not already haveacceptable documents for voting. This document will only be valid for votingpurposes, as specified in the law. The election certificate will be producedutilizing current resources and equipment.

Page i


TX 00004764

DE-000053


Bloomberg News DL questions and answers.txt

...... Original Message .....From: SETH STERN, BLOOMBERG/ NEWSROOM: [mailto:[email protected]]Sent: wednesday, January 11, 2012 4:36 PM

.TO: Vinger, TomSubject: Re:DPS

Hi Tom:

AS I mentioned on the phone, I’m doing a story related to Texas’ voter ID lawand am trying to get some information about DPS offices where voters can getIDs and what IDs they’ll be able to get should the law go into effects. As you

requested, here’s the questions I’m hoping to get answered:

1. how many DPS offices are there statewide where people can @et licenses?2. have offices been closed since the last presidential electlon in 2008? Howmany and why? was it a budget or staffing issue? outdated equipment? otherreasons?3. Are there plans to close additional locations or open new ones and how many

closures/new facilities will there be? I saw reference to the legislatureapproving additional resources to allow for added staff and new large officesin metro areas?4. Are there any plans to provide mobile vans or other means of reachingpeople in counties where there currently isn’t an office or limited hours?5. Should the law go into effect, are there any special plans in terms of newequipment, form of identification you’ll offer or voter education (or is voter

education something secretary of state’s office would do?)

Thanks for your help.

seth

seth sternJustice Department ReporterBloomberg News

o: 202-624-1994c: 202-236-2935

Original MessageFrom: Tom vinger <[email protected]>TO: SETH STERN (BLOOMBERG/ NEWSROOM:)At: 1/11 17:25:49

Tom vi ngerAsst. chief of Public AffairsPublic Affairs and PolicyTexas Department of Public Safety(512) [email protected]<mailto:[email protected]>(Please note newemail address.)

Page 2


TX 00004765

DE-000054


From:

Sent:

To:

Subject:

Attachments:

Arriaga, Amanda

Monday, January 24, 2011 8:31 PM

Davio, Rebecca

Terry, Michael; Arriaga, Amanda

Information requested and sent to legislators today

DL Offices as of January 2011.xls; DIC-57.pdf

Sen Van de Putte: What offices are subiect to be closed due to budBet cuts?

No answer provided at this time. Recommend saying "the Department did an analysis on Department

facilities that may need to close due to budget cuts, but DL office permanent closures will be decided

after a business intelligence process analysis of the needs of customers around the state".

Sen. Uresti: How will budBet cuts affect operatinB hours?

No answer provided at this time. Recommend the same answer of "the Department did an analysis on

Department facilities that may need to close due to budget cuts, but DL office permanent closures will

be decided after a business intelligence process analysis of the needs of customers around the state".

Sen Galle/~os: What DL documents may be issued without a photo?

¯ DIC-I: Restricted License Breath Analysis Mechanism Required (called an Interlock License)¯ SR-40: Occupational Driver License¯ DL-26: Temporary Permit

See attachment "DIC-57"

Sen Gallegos: How many DL offices are closed as of Jan 2011?

See attachment "DL offices as of Jan 2011".

Sen Gallegos: How many arrests/convictions have been made under Transportation Code 524.011 (DL

suspension) over the last six years?


TX 00004783

DE-000055


2005

2006

2007

2008

2009

2010

99,519

103,136

103,155

101,623

102,823

98,184

2005

2006

2007

2008

2009

2010

63,559

63,248

65,825

61,914

59,257

32,497

There were 8,481 arrests for these offenses in December 2010, and 3,784 convictions. Given

the time it takes to go through the judicial process, it is unlikely that a person arrested in

December would also be convicted in December.

Senator Patrick: Is citizenship needed to get a CHL? Recommend sayinl~: You must be legally presentm

but not necessarily a citizen, but we can have someone in Rel~ulatory Services provide you more info.

The requirements under state law to obtain a Concealed Handgun License can be found inGovernment Code 411. Section 411.172(a)(9) under this chapter states: (a) A person is eligible for a

license to carry a concealed handgun if the person...(9) is fully qualified under applicable federal andstate law to purchase a handgun.

The requirements under the applicable federal law to purchase a handgun, 15 U.S.C. § 922(g)(5), include:

(g) It shall be unlawful for any person [described below] ... to ship or transport in interstate or

foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any

firearm or ammunition which has been shipped or transported in interstate or foreign commerce -

[that is, one ...]

(5) who, being an alien--

(A) is illegally or unlawfully in the United States; or

(B) except as provided in subsection (y)(2], has been admitted to the United States under anonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act

(8 U.S.C. 1101(a)(26))); [see 922(y), below]

Alien. Any person not a citizen or national of the United States.

Alien illego!ly or unl~wJ:ully in the UnitedStotes. Aliens who are unlawfully in the United States are not in validimmigrant, nonimmigrant or parole status. The term includes any alien--


TX 00004784

DE-000056


(a) Who unlawfully entered the United States without inspection and authorization by an immigration officer andwho has not been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act

(INA);

(b) Who is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of thenonimmigrant category in which he or she was admitted;

(c) Paroled under INA section 212(d)(5) whose authorized period of parole has expired or whose parole status hasbeen terminated; or

(d) Under an order of deportation, exclusion, or removal, or under an order to depart the United States voluntarily,whether or not he or she has left the United States.

Nonimmigrant alien. An alien in the United States in a nonimmigrant classification as defined by section 101(a)(15)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15~).

27 CFR 478.11


TX 00004785

DE-000057


Hinesley, Barbara

From:Sent:To:Subject:Attachments:

Essell, GretchenMonday, January 24, 2011 2:57 PM’Gallegos-Debra Gonzales-COS’Cards Issued without a PhotoDIC-57.pdf

Debbie,

After consulting with Highway Patrol and Driver License, here is what I have found out: there are two documents thatare routinely issued without photos. One is the DIC-25, which you had found before. The other, called a DIC-57(attached), is also alcohol related, but applies to CDL holders. It informs the recipient that his or her commercial drivingprivileges will be taken away for one year beginning 40 days after the DIC-57 is issued. Highway Patrol informed me thatstandard practice for law enforcement is to confiscate the actual driver license and provide one of these twodocuments.

There are a couple of other documents that we issue very infrequently without a photo as a last resort if there’s no wayaround it. One of those is the temporary DL that was previously issued without a photo, one is an occupational driverlicense, and one is a DL requiring an ignition interlock device. I have asked for additional clarification on what wouldlead to these documents being issued without a photo, and will provide that clarification once I have received it, but wetry to issue these with a photo whenever possible.

Information on closures to follow...

Thanks,

Gretchen EssellOffice of Government RelationsTexas Department of Public Safety(512) [email protected]

Defendant’s Exhibit005

TX 00004786

DE-000058


Hinesle}f, Barbara

From:Sent:To:Subject:

Essell, GretchenTuesday, January 25, 2011 11:57 AM’Gallegos-Debra Gonzales-COS’FW: DWl’s

Debbie,

In 2010, there were 98,910 DWI arrests and 63,803 convictions. Bear in mind, like the numbers from yesterday, that theconvictions may not be associated with the arrests since the judicial process takes awhile_.it wouldn’t necessarily beaccurate to say "of the 98,810 DWl arrests, 63,803 resulted in convictions."

I confirmed with Highway Patrol, to be absolutely certain- most, if not all, of those arrested for DWI would receive a DIC-25 or DIC-57.

If you have any other questions, let us know!

Thanks,

Gretchen EssellOffice of Government RelationsTexas Department of Public Safety(512) [email protected]


TX 00004787

DE-000059


Driver License Offices in TexasJanuary 24, 2011

¯ Open Full Time¯ Open Mobile/Part Time¯ Closed

Defendant’ s ExhibitOO7

TX 00004789DE-000060


Response to Questions from Senate Committee of the Whole

Please validate the map provided by Legislative Council.

The Driver License Division has reviewed the map and determined that it is correct.

Please comment on the Department’s 5% reduction and 10% proposed reduction in the LegislativeAppropriations Request.

The Department lost $14.6 million due to the 5% cut in General Revenue that we faced. This includesfive Department offices that might have to close. These are not necessarily Driver License offices. TheDepartment’s 10% proposed reduction schedule identified that 11 DPS offices might have to close.These are not necessarily Driver License offices. They are offices with various Department services. TheBusiness Intelligence Analysis project will identify the optimum placement of Driver License officesthroughout the state. The Department also is not able to determine at this time how a reduction infunds will affect operating hours of Driver License offices.

Are there any anticipated closures of Driver License offices?

The Driver License Division is conducting a Business Intelligence Analysis to determine the most efficientways to allocate scarce resources and to best serve Texas residents, statewide. At present, there are noanticipated closures. In the event there is an equipment failure in the future, we may considertemporarily closing a mobile office in the near term.

Does the Department have a comment on the Criminal Justice Impact statement for SB 14?The Department has no comment on the criminal justice impact statement as we are not theappropriate entity to comment on the potential overcrowding of jails.

Are there Driver License offices within the 610 loop?No. The closest office to 610 is Dacoma. It is at 290 @ 610 North.

Driver License Offices and Hours in the Houston area¯ Dacoma - 8-5 except Tuesday 8-7¯ Gessner -8-6 Tuesday and Thursday, 8-5 M, W, F¯ Grant Road- 8-5 except Wednesday 8-7¯ Townhurst - 8-5 except Thursday 8-7¯ Winkler- 8-5 except Thursday 8-7¯ Tidwell- 8-5 except Thursday 8-7¯ Vantage Parkway- 8-5 except Tuesday 8-7¯ We also have offices in Baytown, Humble, Pasadena, and Webster- all within Harris County

Driver License Offices and Hours in the DFW metro areaDallas

¯ Downtown - 8-5 - no exams, duplicates and renewals only (this office is in a City of Dallasbuilding)

¯ East (Northwest Highway)- 8-5 except Wednesday 8-7


TX 00004790

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¯ Dallas Southwest (Red Bird Center Drivel - 8-5 except Wednesday 8-7¯ We also have offices in Carrollton, Garland, Grand Prairie, Irving, and Cedar Hill - all within

Dallas CountyFort Worth

¯ Woodway Drive- 7:30-5 except Monday 7:30-6¯ We also have offices in Arlington, Hurst, and Lake Worth - all within Tarrant County

What is the protocol for confiscated licenses?Texas Transportation Code §§ 524.011(b)(2) and (3), and 724.032(2) and (3) provide the requirementsfor a peace officer to confiscate a driver license where a driver is arrested for an alcohol related offenseunder the Administrative License Revocation program(ALR) in accordance to Section 49.04, 49.045, or49.06, Penal Code, or an offense under Section 49.07 or 49.08 of that code involving the operation of amotor vehicle or watercraft. These statutes provide that the peace officer shall take possession of anydriver license issued by this state and held by the person arrested, and issue a temporary driving permitto the person unless department records show or the officer otherwise determines that the person doesnot hold a driver’s license to operate a motor vehicle in this state.

This permit (form DIC-25), handwritten by the peace officer, is part of the arrest documentationprovided to the driver and contains the driver’s name, driver license number, date of birth, address,physician description including race, sex, height, weight, eyes, and hair color. This temporary drivingpermit does not contain a photograph of the driver. A temporary driving provision issued under thesesections of the Transportation Code expires on the 4:1st day after the date of issuance, which coincideswith the effective date of the driver license suspension. Commercial drivers are issued a similartemporary permit (form DIC-57) however, the permit becomes effective beginning 24 hours from thetime of arrest. The peace officer is required to forward the appropriate ALR paperwork with theconfiscated license to the Department for processing. Upon completion of the suspension period, thedriver license is returned to the driver. During the suspension period, the driver is eligible to makeapplication for an identification card with a photograph during this suspension period.

How does the temporary driving permit that you receive when your license is confiscated differ from a"temporary driving permit" that you get when you apply for a Driver License?A temporary driving permit issued by the Texas Highway Patrol is issued to drivers arrested for analcohol related offense. This permit (form DIC-25) is part of the arrest documentation provided to thedriver and contains the driver’s name, driver license number, date of birth, address, physiciandescription including race, sex, height, weight, eyes, and hair color. This temporary driving permit doesnot contain a photograph of the driver. This permit allows the driver to operate a motor vehicle in theinterim period before the driver license suspension takes effect on the 41st day. This is in accordance toTexas Transportation Code Chapters 524 and 724.

A temporary driving permit issued by driver license personnel at a driver license office contains thesame information that appears on a driver license including the driver license photograph of theapplicant. This temporary driving permit is computer generated from the driver license system andexpires within 45 days of issuance.


TX 00004791

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What will the DPS’ policy be when a person enters a Driver License office seeking an ID for thepurpose of voting, but they have outstanding Driver Responsibility surcharges on their Driver License?A person’s driver license status or surcharge status does not prohibit the ability of the person to obtain aTexas identification card, provided the person presents the appropriate identification documentation forthe issuance of an identification card.

What is the current policy when a person with Driver Responsibility surcharges enters a Driver Licenseoffice for a different transaction?Each driver license office has an information desk which allows the customer to request specific servicesat that location. If a customer requests surcharge information while applying for a Texas identificationcard, the customer will be provided with contact information to customer service for additionalassistance. The customer will be issued a Texas identification card provided the customer presents theappropriate identification documentation for the issuance of an identification card. Surcharges andrequest of an ID are two separate issues and will be treated as such.

What types of birth certificates does Driver License office recognize for the purpose of identification?Every original applicant must present one piece of primary identification, or one piece of secondaryidentification plus two pieces of support identification; or two pieces of secondary identification. 37Texas Administrative Code § 15.24 provides that the Department may accept secondary identification inthe form of an original or certified original or certified copy of a birth certificate issued by theappropriate State Bureau of Vital Statistics or equivalent agency; an original or certified copy of UnitedStates Department of State Certification of Birth (issued to United States citizens born abroad}; or anoriginal or certified copy of court order with name and date of birth (DOB) indicating an official changeof name and/or gender.

How many homebound IDs do we issue?0.15% of ID applicants receive homebound service.

Only ID cards are issued through this process and we screen very closely to ensure there is not apractical way to serve the customer in the office as it requires taking an employee away from theirregular duties serving customers in the driver license offices.

The need for a homebound visit is determined by the supervisor of the local driver license office. TheDriver License Division has digital cameras that can capture the required image for the identificationcard. The applicant fills out a form LI-50, which includes a signature block along with the appropriateapplication for an original or renewed ID. Any necessary identification documents such as birthcertificates are copied and returned to the applicant. All materials - photo, signature, and applications -are sent to the DL headquarters in Austin for processing.

Provide an analysis on wait time in all Driver License offices:Prior to November 2010, the Driver License Division conducted a study of all of its Driver License officesto determine wait time, process time and the average amount of time customers spend in Driver Licenseoffices. Please see the attachment "DL Wait Times".

Since November 2010, automated queuing systems are being installed our 50 busiest Driver Licenseoffices across the state. It is a priority for the Department to reduce wait time to no more than 40minutes. The queuing system and its report function are important tools we will use to measureperformance.


TX 00004792

DE-000063


Provide a list of all Driver License offices in the State of Texas:Please see attachment "DL offices".


TX 00004793

DE-000064


From:Sent:To:

Subject:

McCraw, StevenTuesday, January 25, 2011 8:09 PMArriaga, Amanda; MacBride, CherylDavio, RebeccaRe: VOTER ID follow up

Page 1 of 2

I agree on the CJ impact. Nothing for us. Rebecca, great job.

From: Arriaga, AmandaSent: Tuesday, January 25, 2011 08:02 PMTo: McCraw, Steven; MacBride, CherylC:c: Davio, RebeccaSubject: VOTER ID follow up

Steve and Cheryl,

Rebecca did a great job today in her first showing in front of the firing line of the Senate as a Whole. As predicted, the DPSportion consisted mainly of the Democratic Senators arguing that it is too difficult for people to get a DL/ID because of thelocation of offices, long wait times, confusing requirements, etc.

The committee has many follow up questions, but doesn’t seem to want us to return tomorrow. Instead, we have 24 hours torespond to all of their questions in a letter back to the secretary of the senate. The comprehensive list of questions is below.Cheryl, I want to verify with you the LAR answer and Steve, one odd question we received was "What is DPS’ comment to theCriminal Justice impact statement?". When you read it (below) it doesn’t seem to be about us at all. So, I think that we canrespond to that question to say that we aren’t the appropriate agency to comment on the potential overcrowding of jails due tothe creation of a new offense.

We will keep you posted.

-AAA

Here is our comprehensive list of questions to respond to:

Gallegos:¯ Are there DL offices within the 610 loop? No. The closest office to 610 is Dacoma. It is at 290 @ 610 North. Nothing

inside the loop.¯ What about in the DFW metro?¯ What are the hours of operation for the offices in Houston/Dallas?¯ What is the protocol for confiscated licenses? What is the temporary driving permit that you receive from THP good for,

or how does it differ from a "temporary driving permit" that you get when you apply for a DL?¯ Do we have any anticipated closures?

Whitmire:¯ What is DPS’s policy going to be when a person enters a DL office looking for an ID, but they have surcharges?¯ Is the current policy to look at surcharges when a person enters a DL office for a different transaction?

Van de Putte:¯ Validate the map provided by Leg Council - I have one hard copy of the map for y’all to review¯ What types of birth certificates does DPS allow?¯ How many homebound IDs do we issue?¯ What types of birth certificates are accepted?

file://C:kDocuments and Settin~s\bh0813 lkLocal Settings\Temporary Internet Files\Content.OutlookU_,QR...3/28/2012


TX 00004794

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Page 2 of 2

Are we going to accept church and baptismal records like we used to for elderly who may not have official birthcertificates?LAR - Why does our 10% proposed reduction say that we will have to close 11 offices? In our LAR in the 10% reduction

e×ercise DPS identified that 11 DPS offices might have to close. These aren’t necessarily DL offices. They are offices withall kinds of DPS services. The business intel proj will determine placement of DL offices.

Zaffirini:¯ What is our comment on the criminal justice impact statement?

West:¯ Provide an analysis on wait time in all DL offices

SB 14 Criminal Justice Impact by LBBThe bill would amend the Elections Code as it relates to requirements to vote. The provisions of the bill that create newpunishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of thebill, the punishment for attempting to vote illegally would be enhanced from a Class A Misdemeanor to a State Jail Felony andthe punishment for illegal voting would be enhanced from a third degree felony to a second degree felony.

A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition toconfinement, a fine not to exceed $4,000.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or,in addition to confinement, a fine not to exceed $10,000.

A felony of the third degree is punishable by imprisonment in the institutional division for any term of not more than 10 years orless than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 yearsor less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources ofcounties or of the State due to longer terms of probation, or longer terms of confinement in county jails or prison. When anoffense is changed from a misdemeanor to a felony, there is a transfer of the burden of confinement of convicted offendersfrom the counties to the State. In fiscal year 2010, less than five offenders were admitted to prison and less than five offenderswere released from prison for illegal voting. In fiscal year 2010, less than five people were under parole supervision for illegalvoting. In fiscal year 2010, five offenders were placed on community supervision and less than five offenders were released fromcommunity supervision for illegal voting or attempting to vote illegally. In fiscal year 2010, less than five people were arrestedfor illegal voting or attempting to vote illegally. It is assumed the number of offenders convicted under this statute would notresult in a significant impact on the programs and workload of State corrections agencies or on the demand for resources andservices of those agencies.

file://C:kDocuments and Settin~s\bh0813 lkLocal Settin~s~Temporary Internet Files\Content.OutlookkLQR... 3/28/2012

TX 00004795



STEVEN C, McCRAWDIRECTOR

DAV1D G. BAKERCHERYL MaP, BRIDE

DEPUTY DIRECTORS

TEXAS DEPARTMENT OF PUBLIC SAFETY5805 N LAMAR BLVD ¯ BOX 4087 ¯ AUSTIN, TEXAS 78773-0001

512/424-2000www.dps.texas.gov

October 7, 2011

COMMISSIONN.LAN S. POLUNSKY, CHNR

ADA BROWNJOHN STEEN

CARIN MARCY BARTHA CYNTHIA LEON

The Honorable Rodney EllisTexas SenateP.O. Box 12068Austin, Texas 78711-2068

Dear Senator Ellis:

Thank you for your recent correspondence concerning the implementation of Senate Bill 14, passed by theEighty-second Texas Legislature. Following is my response, along with your original questions for reference.

¯ How many DPS office locations will be issuing the election identification certificate (EIC), the freeidentification option that satisfies the requirements of Section 63.001 (b), Election Code7 All DPSoffices will issue the Election Identification Certificate (EIC).

¯ Where are these offices located? Throughout the state._h~p://www.txdps~state.tx.us/administration/driver licensing controFrolodex/search.asp

Will persons seeking to apply for an EIC have to wait in the same line as other seeking to apply for adriver’s license? Large driver license offices have queuing systems that assist in routingapplicants, according to service needs. Since requirements for an EIC will be similar to thosefor a Texas ID, we anticipate utilizing the ID lines for EIC applicants.

Or will there be a separate processing line for those only seeking and EIC? There are no plans toestablish separate lines for EIC applicants at this time. However, changes can be made basedupon service demand using the queing system.

What is the current average wait time, by day of the’week, for persons seeking to apply for a driver’slicense at each DPS office location that will bo issuing EICs? Walt times vary by location, type,and time of the transaction. While we do not have specific wait times for all offices, It can rangefrom zero In many offices to as long as 3 hours in metropolitan areas during our busiestmonths of the year. From March I through June 30, 2011, the 59 busiest offices in the state,which have queuing systems, posted an average wait time of 42:52 minutes, with an averagetransaction time of 7:08 minutes. Customers in these offices spent an average of 50 minutesfrom the time their transaction was entered into the queuing system until it was completed.This does not include the time someone would have to wait in line before they could be enteredinto the queuing system. The addition of six mega centers in our most populated areasthroughout the state is essential to reducing wait times. The goal is to issue an EIC within 30minutes from the time a person arrives at a driver license location anywhere in the state.Funding by the State Legislature is critical to reducing wait times.

EQUAL OPPORTUNITY EMPLOYERCOURTESY ¯ SERVICE ¯ PROTECTION

Defendant’s Exhibit #olo

TX 00004806

DE-000067


What identification will be required in order to obtain an EIC? An original applicant for anelection identification certificate must present: (1) One piece of primary identification; (2)Two pieces of secondary identification; or (3) One piece of secondary identification plus twopieces of supporting identification.

A Texas driver license or personal identification card issued to the person that has beenexpired for 60 days and is within two years of expiration date may be presented as primaryidentification.Secondary identification. Original or certified copy of a birth certificate issued by theappropriate State Bureau of Vital Statistics or equivalent agency; (2) Original or certifiedcopy of United States Department of State Certification of Birth (issued to United Statescitizens born abroad); or (3) Original or certified copy of court order with name and dateof birth (DOB) indicating an official change of name and/or gender.Supporting identification. (1) voter registration card; (2) school records; (3) insurancepolicy (at least two years old); (4) vehicle title; (5) military records; (6) unexpired militarydependant identification card; (7) original or certified copy of marriage license or divorcedecree; (8) Social Security card; (9) pilot’s license; (10) unexpired photo DL or photo IDIssued by another (United States) state, US territory, the District of Columbia; (11) expiredphoto DL or photo ID issued by another (United States) state, US territory, or the Districtof Columbia that is within two years of the expiration date; (12) an offender identificationcard or similar form of identification issued by the Texas Department of Criminal Justice;(13) any document that may be added to Section 15.24 (relating to Identification ofApplicants) other than those issued to persons who are not citizens of the U.S.

How long do you anticipate the turnaround will be from the day a person applies for an EIC to thedate they receive the actual EIC? DPS is currently mailing DL/IDs less than 10 days afterapplication. We do not anticipate any changes with the addition of the EIC.

Will DPS be offering a temporary EIC at the DPS office locations that will comply with therequirements of Section 63.001 (b) of the Election Code so that any delays in processing or mailingout the official EIC will not result in a person’s inability to vote? A temporary EIC, whichincludes a photo, will be issued at the time of application. The Secretary of State’s office hasconfirmed that it will be accepted at the polls in the same manner as the actual card. This alsoapplies to temporary DLs and IDs.

Recent press reports indicate that a top official in the Wisconsin Department of Transportationinstructed staff at Division of Motor Vehicles service centers not to tell members of the public thatthey can obtain voter identification cards free of charge unless they know to ask for it. Will DPS betaking a similar approach7 No it will not.

In other words, will DPS staff be precluded from telling members of the public that they can obtainan EIC free-of-charge unless staff is directly asked? No. Driver License employees will be trainedon the provisions of the law and will be able to explain the differences in an EIC and a State IDto those persons who come into a driver license office to obtain an EIC. DPS staffwill beexpected to serve the customer and provide them an EIC cost free as required by law. We willalso inform customers that if they have any of the documents acceptable for voting; a driverlicense, identification card, concealed handgun ficense, US passport, citizenship card, ormilitary ID, they will not be eligible to receive the EIC.


TX 00004807

DE-000068


Does DPS plan on organizing any satellite locations, temporary or otherwise, in order to provideTexans with opportunities to apply for an EIC outside of the normal DPS office locations? I wouldnote this would be especially relevant for Texans with disabilities, the elderly, and those too sick orwithout means to travel to a DPS office location. No. The law does exempt those persons whocan prove disability through Social Security Administration or Veteran’s Administrationdocumentation to the Secretary of State from presenting additional identification.

The proposed DPS rules for implementing the requirement to issue an EIC are attached for reference. Theserules will be published in the October 14, 2011, Texas Register and available for public comment for 30 daysaRer publication.

Thank you again for your correspondence and please feel free to contact Rebecca Davio, Assistant Director,Driver License Division at 512.424.5232 if you have questions or need additional information.

Sincerely,

Steven C. McCrawDirector

Attachments: Transaction Frequency 2010DPS Proposed Rules-Election Identification Certificate


TX 00004808

DE-000069


SENATOR RODNEY ELLISD(stdct 13

PRESIDENT PRO TEMPORE1999 - 2000

September 21,2011

Mr. Steve McCrawDirectorTexas Department of Public Safety5805 N. Lamar BlvdAustin, Texas 78773

Dear Mr. McCraw:

COMMITI’EES:

Chair, Government OrganizationCdminai JusticeTransportation & Homeland SecurityState Affaim

RECEIVED

DIRECTORDEPt. OF PUBUC SAFE’W

I write regarding the Department of Public Safety’s (DPS) implementation of Senate Bill 14(82nd Legislature), also known as the "voter ID" bill. I have a number of outstanding questionsthat I hope can be addressed prior to DPS’s draft rules being released for public comment:

How many DPS office locations will be issuing the election identification certificate(EIC), the free identification option that satisfies the requirements of Section 63.001(b),Election Code? Where are these offices located?

Will persons seeking to apply for an EIC have to wait in the same line as others seekingto apply for a driver’s license? Or will there be a separate processing line for those onlyseeking an EIC?

What is the current average wait time, by day of the week, for persons seeking to applyfor a driver’s license at each DPS office location that will be issuing EICs?

Lyric Centre440 Louisiana, Suite 575

Houston, Texas 77002(713) 2’36-0306

FAX: (713) 236-0604

what identification will be required in order to obtain an EIC?

How long do you anticipate the turnaround will be from the day a person applies for anEIC to the date they receive the actual EIC? Will DPS be offering a temporary EIC atDPS office locations that will comply with the requirements of Section 63.001(b) of theElection Code so that any delays in processing or mailing out the official EIC will notresult in a person’s inability to vote?

Recent press reports indicate that a top official in the Wisconsin Department ofTransportation instructed staff at Division of Motor Vehicles service centers not to tellmembers of the public that they can obtain voter identification cards free of charge unlessthey know to ask for it. Will DPS be taking a similar approach? In other words, willDPS staffbe precluded from telling members of the public that they can obtain an EICfree-of-charge unless staff is directly asked?

P.O. Box 12068Austin, Texas 78711

(512) 463-0113FAX: (512) 463-0006

Dial 711 For Relay Calls

E-Mail: [email protected]~.us

2440 Texas Parkway, Suite 110Missouri City, Texas 77489

(281) 261-2360FAX: (281) 261-4726

Defendant’s ExhibitTX 00004817

DE-000070


Mr. Steve McCmwPage 2 of 2

Does DPS plan on organizing any satellite locations, temporary or otherwise, in order toprovide Texans with opportunities to apply for an EIC outside of the normal DPS officelocations? I would note this would be especially relevant for Texans with disabilities, theelderly, and those too sick or without means to travel to a DPS office location.

As DPS develops draft rules for SB 14’s implementation, I ask that you take into considerationthe concerns expressed above. While it is my desire to have a free, fair, and secure electionsystem, it must also be accessible to all eligible voters. I look forward to your written responseto my questions.

Sincerely,

Rodney Ellis

CC: The Honorable Hope Andrade

Defendant’ s ExhibitTX 000048~18

DE-000071


From:Sent:To:

Subject:

Arriaga, AmandaMonday, January 24, 2011 11:42 AMDavio, RebeccaMacBride, Cheryl; Terry, Michael

Questions for testimony tomorrow

Rebecca,

I spoke with Sen. Fraser’s COS(Janice) and Sen. Duncan’s committee clerk (Jennifer} and they gave me aheads up on tomorrow. Today there will be no action taken re: Voter ID, they will just lay out the rules.Tomorrow will begin at 8am with Sen. Fraser outlining the bill and taking questions. The first panel willbe agency resource witnesses (OAG, SOS and DPS). They reminded me that state agencies are neutraland have no position on legislation (~

Janice gave me a heads up that the questions for DPS will center around: how easy (or hard) is it for aperson to actually get a DL or ID.

Here is a list of questions I think you should be prepared to answer. I have bolded the ones that I wasspecifically notified about today.

Cost:¯

¯

What is the cost to DPS to manufacture an ID?What is the cost to the state to give away IDs for free?

Process:¯ What are the requirements to receive an ID?¯ What are the requirements to receive a DL?¯ What is the difference between an ID and DL?¯ Can a person have both an ID and DL?¯ How long does it take once the applicant has submitted all of their materials for DPS to mail out

the physical ID?¯ How long is a temporary ID valid? What security features does a temporary ID have?¯ How many DL offices are there?¯ How many DL mobile facilities are there, and where do they go?¯ How many counties do not have a DL office?¯ How many people apply for a license and get turned down?¯ Why would a person be turned down for a DL or ID?¯ How many times to people typically have to come into a DL office to complete their

transaction?¯ Can a non-citizen get a DL? Can a non-citizen get an ID? What are the standards for each?¯ Can an non-resident get a DL? Can a non-resident get an ID?¯ If you already have a valid DL, can you request an ID online?¯ Can you renew for an ID online?¯ If so, can DL add a feature online where the applicant certifies they are applying for an ID for the

purpose of voting?


TX 00004821

DE-000072


ID vs DL¯ How many DL holders arethere?¯ How many ID holders are there?¯ How many people hold both an ID and¯ What kind of person gets an ID rather than a DL?¯ Why would a person need both an ID and DL?

Thanks,Amanda


TX 00004822DE-000073


CountyAndersonAndrewsAngelinaArcherArmstrongAtascosaAustinAustinBaileyBanderaBastropBastropBaylorBee

BellBellBellBexarBexarBexarBexarBlancoBordenBosqueBowieBowieBrazoriaBrazoriaBrazosBrewster

BriscoeBrooksBrownBurlesonBurnetBurnetCaldwellCalhounCallahan

CityPalestineAndrewsLufkinArcher CityClaudeJourdantonBellvilleSealyMuleshoeBanderaBastropElginSeymourBeeville

TempleFort HoodKilleenSan AntonioSan AntonioSan AntonioUniversal CityJohnson CityGailMeridianNew BostonTexarkanaAlvinAngletonBryanAlpine

SilvertonFalfurriasBrownwoodCaldwellMarble FallsBurnetLockhartPort LavacaBaird

Callahan Cross PlainsCameron BrownsvilleCameron Harlingen

Hours of Operation8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

Closed temporarilyClosed temporarily

8:00-5:00 M,T,W,Th,FClosed temporarilyClosed temporarily

8:30-5:00 M,T,W,Th,FClosed temporarily

8:00-5:00 M,T,W,Th,FClosed temporarily9:15-3:45 T,W,Th8:00-5:00 M,Th,F

8:30-5:30 T,W8:00-5:00 T,W,Th,F

8:30-5:00 M,T,W8:00-5:00 M,T,Th,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,Th,F8:00-5:00 M,T,Th,F8:00-5:00 M,T,Th,FClosed temporarilyClosed temporarily

9:00-4:00 W,Th8:30-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

8:00-5:00 M,T,W,F8:30-5:00 M,T,W,Th,F

closed 2nd TClosed temporarily

8:30-4:00 T8:00-5:00 M,T,W,Th,F

Closed temporarily8:30-5:00 M,T,W,Th,F

8:30-5:00 M,W,FClosed temporarily

8:30-5:00 M,T,W,Th,F9:00-4:00

lst~ 3rd, & 5th WClosed temporarily

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,Th,F

Late DayN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-6:00 MN/A

8:00-6:00 W8:00-7:00 W8:00-7:00 W8:00-7:00 W8:00-7:00 W

N/AN/AN/AN/AN/AN/AN/A

8:00-7:00 ThN/A

NIANIANIANIANIANIANIANIAN/A

N/AN/A

8:00-7:00 W

Number ofEmployees

21400200104002

517121912190001354101

002021010

096

TXDPS Driver License Offices

Office TypeFT PT M

FTFTFTMMPTMMFTMFTMMFT

FTPTFTFTFTFTFTMMPTFTFTFTFTFTPT

MMFTMFTPTMFTM

MFTFT

9/9/2011

Defendant’ s Exhibit013

TX 00004855DE-000074


CountyCameronCampCarson

,CassCastroChambersCherokeeCherokeeChildressClayCochranCokeColemanCollinCollinCollingsworthColoradoComalCommancheConchoCookeCoryellCoryellCottleCraneCrockettCrosby

CulbersonDallamDallasDallasDallasDallasDallasDallasDallasDallasDawsonDeaf SmithDeltaDentonDentonDewitt

CityPort IsabelPittsburgPanhandle

AtlantaDimmittWallisvilleJacksonvilleRuskChildressHenriettaMortonRobert LeeColemanMcKinneyPianoWellingtonColumbusNew BraunfelsComancheEdenGainesvilleCopperas CoveGatesvillePaducahCraneOzonaCrosbyton

Van HornDalhartCarrolltonCedar HillDallasDallasDallasGarlandGrand PrairieIrvingLamesaHerefordCooperDentonLewisvilleCuero

Hours of OperationClosed temporarilyClosed temporarily

9:00-4:00lst,3rd,5th T

8:30-5:00 M,T,W,Th,F8:30-5:00 M,Th,F

8:00-4:30 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

8:30-4:15 T,W8:00-5:00 M,T,W,Th,F

Closed temporarilyClosed temporarilyClosed temporarily8:30-5:00 M,Th,F

8:00-5:00 M,T,W,Th,F7:30-5:00 T,W,Th,FClosed temporarily

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 T,W,Th,FClosed temporarily

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F

Closed temporarily8:30-5:00 M & F


closed 1st Th9:00-5:00 Th9:00-4:00 T

8:00-5:00 M,W,TH,F8:00-5:00 M,W,Th,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,Th,F8:00-5:00 M,T,Th,F8:00-5:00 M,T,W,F8:00-5:00 M,T,W,F8:00-5:00 M,T,W,F

8:30-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F

Closed temporarily8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F

Late DayN/AN/AN/A

N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

7:30-6:00 MN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

N/AN/A

8:00-7:00 T8:00-7:00 T

N/A8:00-7:00 W8:00-7:00 W8:00-7:00 Th8:00-7:00 Th8:00-7:00 Th

N/AN/AN/AN/AN/AN/A

Number ofEmployees

000

1122o20001

11170251o2210101

001296191122711120881


Office TypeFT PT M

MMM

FTPTFTFTPTFTMMMPTFTFTMFTFTFTMFTFTFTMPTMFT

PTPTFTFTFTFTFTFTFTFTFTFTMFTFTFT

9/9/2011


TX 00004856DE-000075


CountyDickensDonleyDuvalEastland

EctorEdwardsEl PasoEl PasoEl PasoEl PasoEl PasoEllisErathFanninFayetteFayetteFisher

Floyd

FoardFort BendFranklinFreestoneFrioGainesGalvestonGalvestonGarzaGillespieGlasscockGoliadGonzalesGreggGreyGreysonGrimesGuadalupeHaleHallHamiltonHansfordHardeman

CitySpurClarendonFreerEastland

OdessaRockspringsEl PasoEl PasoEl PasoEl PasoFort BlissWaxahachieStephenvilleBonhamLa GrangeSchulenburgRoby

Floydada

CrowellRosenbergMount VernonFairfieldPearsallSeminoleGalvestonTexas CityPostFredericksburgGarden CityGoliadGonzalesLongviewPampaShermanNavasotaSeguinPlainviewMemphisHamiltonSpearmanQuanah

Hours of OperationClosed temporarily

9:00-3:45 ThClosed temporarily

8:00-5:00 M,F8:30-5:00 T,W,Th

8:00-5:00 M,T,Th,FClosed temporarily

7:00-6:008:00-5:00 M,T,W,F8:00-5:00 M,T,W,F7:30-5:00 M,T,W,F

7:30-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F


9:00-4:00 Wopen lst,3rd, & 5th W8:30-5:00 M,T,W,Th,Fclosed 2nd & 4th ThClosed temporarily


9:00-4:00 WClosed temporarily




8:30-5:00 M,T,W,Th,F8:00-5:00 M,T,W,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

Closed temporarily8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

Closed temporarily8:30-5:00 M,T,W

Closed temporarily9:00-4:00 T

2nd,3rd,4th,5th T

Late DayN/AN/AN/AN/A

8:00-6:00 WN/AN/A

7:00-6:00 Th7:00-6:00 Th7:00-6:00 Th

N/AN/AN/AN/AN/AN/AN/A

N/A

N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-6:00 ThN/AN/AN/AN/AN/AN/AN/AN/AN/A

Number ofEmployees

0002

701378133721000

012000136010026250330100

Office TypeFT PT M

MMMFT

FTMFTFTFTFTFTFTFTFTMMM

PT

MFTMPTMFTFTFTMFTMMFTFTFTFTMFTFTMPTMM

TXDPS Driver License Offices 91912011


TX 00004857DE-000076


CountyHardin

HarrisHarris

HarrisHarrisHarrisHarrisHarrisHarrisHarrisHarrisHarrisHarris

CityKountze

HoustonHouston

HoustonHoustonHoustonBaytownWebsterHoustonHoustonHumblePasadenaKaty

Hours of Operation2nd/4th Tues 9:00 -

4:008:00-5:00 M,W,Th,F

8:00-5:00 M,W,F

8:00-5:00 M,T,Th,F8:00-5:00 M,T,W,F8:00-5:00 M,W,Th,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,W,Th,F8:00-5:00 M,T,W,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,Th,F


Late DayN/A

8:00-7:00 T8:00-6:00 T,Th

8:00-7:00 W8:00-7:00 Th8:00-7:00 T

N/A8:00-7:00 T8:00-7:00 Th8:00-7:00 Th8:00-7:00 W

N/AN/A

Number ofEmployees

0

1741

15171381081510104

Office TypeFT PT M

PT

FTFT

FTFTFTFTFTFTFTFTFTFT

HarrisonHartleyHaskell

HaysHemphill

HendersonHidalgoHildagoHildagoHildagoHillHockleyHoodHopkinsHoustonHoward

HudspethHudspethHuntHutchinsonIrionJackJacksonJasperJeff DavisJeffersonJefferson

MarshallChanningHaskell

San MarcosCanadian

AthensMcAIlenEdinburgMissionWeslacoHillsboroI LevellandGranburySulphur Springs!CrockettIBig Spring

iDell City’Sierra BlancaGreenvilleBorgerMertzon:Jacksboro!EdnaJasperFort DavisBeaumontPort Arthur


8:00-5:30 M8:30-4:30 F

8:00-5:00 M,T,W,Th,F9:00-4:00 T 2nd & 5th

9:00-4:00 W8:00-5:00 M,T,W,Th,F

8:00-5:00 M,T,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F9:15-3:45 M, T, W, Th,

FClosed temporarilyClosed temporarily

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

Closed temporarilyClosed temporarilyClosed temporarily

8:00-5:00 M,T,W,Th,FClosed temporarily8:00-5:00 M,T,W,F

8:00-5:00 M,T,W,Th,F

N/AN/AN/A

N/AN/A

N/A8:00-7:00 W

N/AN/AN/AN/AN/AN/AN/AN/AN/A

N/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-6:00 ThN/A

301

50

311725222212

00420oo3073

FTMPT

FTM

FTFTFTFTFTFTFTFTFTFTFT

MMFTFTMMMFTMFTFT

TXDPS Driver License Offices 9/9/2011


TX 00004858DE-000077


CountyJim HoggJim WellsJohnsonJones

KarnesKaufmanKendallKentKerrKimbleKinneyKleberg

KnoxLa SalleLamarLambLampasasLavacaLeeLeonLibertyLibertyLimestoneLipscombLipscombLive OakLlanoLubbockLubbockLynnMadisonMartinMasonMatagordaMatagordaMaverickMcCullochMcLennanMcMullenMedinaMenardMidlandMilam

CityHebbronvilleAliceCleburneAnson

Karnes City!TerrellBoerneJaytonKerrvilleJunction~BrackettvilleKingsville

MundayCotullaParisLittlefieldLampasasHallettsvilleGiddingsCentervilleClevelandLibertyGroesbeckFollettHigginsGeorge WestLlanoLubbockSlatonTahokaMadisonvilleStantonMasonBay CityPalaciosEagle PassBradyWacoTildenHondoMenardMidlandCameron

Hours of OperationClosed temporarily

8:00-5:00 M,T,W,Th,F8:00-5:00 T,W,Th,F

8:30-5:00 M,T,F2nd & 4th W




8:00-5:00 M,W,Th,F8:30-5:00 T8:30-4:15 W


8:30-5:00 T,W,ThClosed temporarilyClosed temporarily


8:30-5:00 M,T,Th,FClosed temporarilyClosed temporarily

9:00-4:00 T,W9:00-4:30 T,Th

8:00-5:00 M,T,W,FClosed temporarilyClosed temporarilyClosed temporarily

9:00-4:00 TClosed temporarily


8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F8:00-5:00 M,W,Th,FClosed temporarily8:00-5:00 M,T,Th,FClosed temporarily8:00-5:00 M,T,Th,F8:30-5:00 M,Th,F

Late DayN/AN/A

8:00-6:00 MN/A

N/AN/AN/AN/AN/AN/AN/AN/A

N/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-7:00 ThN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-7:00 TN/AN/AN/A

8:00-6:00 WN/A

Number ofEmployees

03

51

04303002

00211001321000013000002031

1102071


Office TypeFT PT M

MFTFTPT

MFTFTMFTMMFT

MMFTFTPTMMFTFTFTPTMMPTPTFTMMPTPTMFTMFTPTFTMPTMFTPT

9/9/2011


TX 00004859DE-000078


CountyMillsMitchellMontagueMontagueMontgomeryMooreMorrisMotleyNacogdochesNavarroNolanNuecesOchiltreeOldhamOrangePalo PintoPanolaParkerParmerPecosPecosPolkPresidioPresidioRainesRandallReaganRealRed RiverReevesRefugioRobertsRobertsonRockwallRunnelsRuskSabineSan JacintoSan PatricioSan PatricioSan SabaSchleicherScurryShackelfordShelby

CityGoldthwaiteColorado CityBowieNoconaConroeDumasDaingerfield~MatadorNacogdochesCorsicanaSweetwaterCorpus ChristiPerrytonVegaOrangeMineral WellsCarthageWeatherfordFrionaFort StocktonIraanLivingstonPresidioMafiaEmoryAmarilloBig LakeLeakeyClarksvillePecosRefugioMiamiHearneRockwallBallingerHendersonHemphillColdspringAransas PassSintonSan SabaEldoradoSnyderAlbanyCenter

Hours of Operation9:00-4:00 Th8:30-5:00 M,F


8:00-5:00 M,T,W,Th,F8:30-5:00 M,W,Th,F



8:00-5:00 M,T,Th,F8:00-5:00 M,T,W,Th,F


8:00-4:30 M, W, F8:00-5:00 M,T,W,Th,F

9:00-4:30 T,W8:30-5:00 M,T,W,Th,F


Closed temporarily9:00-4:00 W

8:00-5:00 M,T,W,F9:15-3:45 W & ThClosed temporarily

8:00-4:30 M,T,W,Th,F8:30-5:00 M,T,W,FClosed temporarilyClosed temporarilyClosed temporarily

8:00-5:00 M,T,W,Th,F8:45-4:15 T,W


8:00-5:00 M,T,W,Th,F8:30-5:00 M,T,W,Th,F

Closed temporarilyClosed temporarily8:30-5:00 T,W,ThClosed temporarily

8:00-4:30 M,T,W,Th,F

Late DayN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-7:00 WN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

8:00-7:00 ThN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

Number ofEmployees

002013210321

152032150102100

110011000402002100101


Office TypeFT PT M

MPTPTMFTPTFTMFTFTFTFTFTMFTFTFTFTPTPTMFTFTMPTFTPTMFTPTMMMFTPTFTMMFTFTMMPTMFT

9/9/201~


TX 00004860DE-000079


CountyShermanSmithStarrStephens

SterlingStonewallSuttonSwisherTarrantTarrantTarrantTarrantTaylorTerrellTerryThrockmorton!TitusTom GreeniTravisTravisTravisTravisTrinityTylerUpshurUptoniUptonUvalde

Val VerdeVan ZandtVictoriaWalkerWallerWardWashingtonWebbWhartonWheeler

CityStratfordTylerRio Grande CityBreckenridge

Sterling CityAspermontSonoraTuliaArlingtonFort WorthHurstLake WorthAbileneSandersonBrownfieldThrockmortonMount PleasantSan AngeloAustinAustinAustinAustinTrinityWoodvilleGilmerMcCameyRankinUvalde

Del RioCantonVictoriaHuntsvilleHempsteadMonahansBrenhamLaredoEl CampoShamrock

Number ofLate Day ........ EmployeesHours of Operation

Closed temporarily8:00-5:00 M,T,W,F

8:00-5:00 M,T,W,Th,F1:30-5:00 T

8:30-5:00 W,ThClosed temporarilyClosed temporarily

9:30-3:15 Th8:30-4:30 T,W

7:30-5:00 T,W,Th,F7:30-5:00 T,W,Th,F7:30-5:00 T,W,Th,F7:30-5:00 T,W,Th,F8:00-5:00 M,T,Th,FClosed temporarily


8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,Th,F

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,W,Th,F8:00-5:00 M,T,W,FClosed temporarily9:00 - 4:00 W,Th


8:00-5:00 M,W,Th,F8:30-5:00 T

8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F

8:30-5:00 M,T,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F8:00-5:00 M,T,W,Th,F9:00-3:45 lst,3rd,5th

T9:00-3:45 Th

Closed temporarily8:00-5:00 M,T,W,F

N/A8:00-6:00 Th

N/AN/A

N/AN/AN/AN/A

7:30-6:00 M7:30-6:00 M7:30-6:00 M7:30-6:00 M8:00-6:00 W

N/AN/AN/AN/A

8:00-6:00 WN/AN/A

8:00-7:00 T8:00-7:00 Th

N/AN/AN/AN/AN/AN/A

N/AN/AN/AN/AN/AN/AN/AN/AN/AN/A

0921

000o1612161280102612

2215002002

32533121020

Office TypeFT PT M

MFTFTPT

MMMPTFTFTFTFTFTMFTMFTFTFTFTFTFTMPTFTMMFT

FTF̄TFTFTFTPTFTFTFTM

Wheeler Wheeler N/A 0 MWichita Wichita Falls 8:00-7:00 Th 8 FT

TXDPS Driver License Offices 9/9/20Z~


TX 00004861DE-000080


Number of Office TypeCounty City Hours of Operation Late Day Employees FT_PT_M

Wilbarger Vernon 8:00-5:00 M,W,F N/A 2 FT8:30-5:00 T

Williamson Austin 8:00-5:00 M,T,Th,F 8:00-7:00 W 11 FTWilliamson Georgetown 8:00-5:00 M,T,W,Th,F N/A 5 FTWilliamson Taylor 8:30-5:00 M,T,W,Th,F N/A 1 FTWilson Floresville 8:30-5:00 M,T,W,Th,F N/A 2 FTWinkler Kermit 8:30-4:15 W N/A 0 PT

9:00-3:45 ThWise Decatur 8:00-5:00 M,T,W,Th,F N/A 4 FTWood Quitman 8:00-5:00 M,T,W,Th,F N/A 2 FTYoakum Denver City 8:30-5:00 M,T,W,Th,F N/A 1 FTYoung Graham 8:30-5:00 M,T,W,Th,F N/A 2 FTiYoung Olney Closed temporarily N/A 0 MZapata Zapata 8:30-5:00 M,T,W,Th,F N/A 1 FTZavala Crystal City 8:00-4:30 M,T,W,Th,F N/A 1 FT

TXDPS Driver License Offices 9/9/2011


TX 00004862DE-000081


Hinesle}f, Barbara

From:Sent:To:Cc:Subject:

Quinn Ryan [Quinn.Ryan @senate.state.tx.us]Friday, February 03, 2012 1:40 PMDPS Government RelationsArriaga, AmandaRE: Follow-up questions from Senator West

Thanks, Gretchen--this is very helpful!

From: DPS Government Relations [mailto:[email protected]]Sent." Friday, February 03, 2012 12:13 PMTo: Quinn RyanC¢: Arriaga, AmandaSubject; RE: Follow-up questions from Senator West

Quinn,

Thanks for your patience. I have attached a Spreadsheet that breaks down the average wait times by month in eachoffice, grouped by region. Wait time information is only available at locations that have our electronic queuing system.

We don’t operate multiple lines, but in our largest offices we are using a queuing system to categorize transactions andthere will be a separate category for individuals wanting the election ID certificates.

We do not have any geographic projections on where demand for the free election ID certificates will come from, butour employees are trained and educated on how to process these transactions.

Please let us know if you have any further questions.

Thanks,

Gretchen EssellPublic Affairs and PolicyTexas Department of Public Safety(512) [email protected]

From: Quinn Ryan [mailto:[email protected]]Sent: Thursday, February 02, 2012 8:38 AMTo: DPS Government RelationsSubject: RE: Follow-up questions from Senator West

Hi Gretchen,

Just following up on this request. Thanks!

Quinn

From: DPS Government Relations [mailto:[email protected]]Sent: Thursday, January 26, 2012 11:45 AMTo: Quinn Ryan


TX 00004865

DE-000082


C~c’. Arriaga, AmandaSubject: RE: Follow-up questions from Senator West

Quinn,

Let me get with the Driver License division and see what information is available.

Thanks,

Gretchen EssellPublic Affairs and PolicyTexas Department of Public Safety(512) [email protected]

From: Quinn Ryan [mailto:[email protected]]Sent: Thursday, January 26, 2012 11:02 AMTo-’ DPS Government RelationsC:¢-" Arriaga, AmandaSul~ject-" Follow-up questions from Senator West

Gretchen and Amanda,

Senator West has some follow-up questions on this.

First, he would like to know if there are any metrics on customer wait times:

(1) across the state;(2) by region; and(3) by location within regions.

Second, he would like to know if there are any metrics available specifically regarding the wait times to get the free"election ID certificates" established by SB 14. For example, is there a separate line for these customers that wouldresult in there being different wait times than for other customers, or is it all just one line (and therefore one averagewait time) for everybody?

Third, he would like to know if there are any geographic projections on where demand for the free election IDcertificates will come from--presumably there will be greater demand in some regions and locations than others, so hewould like to know if there are such projections, and how your agency is planning to meet those region- and location-specific demands.

Please feel free to call me for clarification, and thank you for your help!

Quinn RyanGeneral CounselOffice 0f Honorable Royce WestState Senator, District 23512-463-0123


TX 00004866

DE-000083


From: DPS Government Relations [mailto:[email protected]]Sent-" Tuesday, .lanuary 24, 2012 4:14 PNTo-" Quinn RyanC:c-" Arriaga, AmandaSubject: RE: DPS office closures in Senate district 23

O.uinn,

In response to your earlier questions- although SB 9 did not pass, HB 1, Article IX, Section 18.07 did pass. HB 1, ArticleIX, Section 18.07 provided additional fundin8 and FTEs for strategies 4-2-1 and 4-2-2 from State Highway Fund No. 006.The pertinent language from HB 1, Article IX, Section 18.07, is attached.

We have confirmed that no DL offices are being closed in the Senator’s district, nor anywhere in Dallas County. In fact,Dallas County will be the location of one of the new mega centers that is being built in Garland. The constructionprocess is already underway for that facility, and is on track to be completed and begin serving customers in September2012. That location will have the capacity to serve approximately 1,000 Texans per day and should pull demand fromthe other extremely busy offices in Dallas County. The Dallas mega center will be staffed with an additional 45 DLemployees and contain 24 service counters. These 45 new employees are in addition to the current 105 DL employeesin Dallas County.

With respect to FTEs for these two strategies - actual FTEs for 2010 and 2011 for D.2.1. Driver License Services were253.0 in 2010 and 228.2 in 2011. Actual FTEs for 2010 and 2011 for Do2.2. Driving and Motor Vehicle Safety were1,214.6 in 2010 and 1,189.3 in 2011. Budgeted FTEs for 2012 and 2013 for D.2.1. Driver License Services were 251.0 in2012 and 251.0 in 2013. Budgeted FTEs for 2012 and 2013 for D.2.2. Driving and Motor Vehicle Safety were 1,370.0 in2012 and 1,595.0 in 2011.

Please let us know if you have any further questions.

Thankyou,

Gretchen EssellPublic Affairs and PolicyTexas Department of Public Safety(512) 424-2933gretchen.essell@d ps.texas.gov

From: DPS Government RelationsSent: Thursday, .lanuary 19, 2012 4:14 PMTo: [email protected]: Arriaga, AmandaSubject: RE: DPS office closures in Senate district 23

Quinn,

Amanda passed along your emails, and I wanted to let you know that I have asked for our Finance division to get intouch with you to address your questions.

Thankyou,

Gretchen EssellPublic Affairs and PolicyTexas Department of Public Safety(512) 424-2933


TX 00004867

DE-000084


[email protected]

From: Quinn Ryan [maJlto:[email protected]]Sent: Thursday, .lanuary 19, 2012 12:21 PMTo: Arriaga, AmandaSubject: FW: DPS office closures in Senate district 23

Specifically, I believe his interest is in driver license services (Strategies 4-2-1 and 4-2-2), as apparently some of ourconstituents are experiencing delays and other difficulties in obtaining driver licenses or ID cards for voting purposes.

It looks like for Strategy 4-2-1 (Driver License Services), approximately 547.9 million was estimated/budgeted for 2010-11. And then for 2012-13, the General Appropriations Act (GAA) shows that appropriations for this strategy wereactually increosedto 556.2 million?

As for Strategy 4-2-2 (Driving and Motor Vehicle Safety), it looks like approximately 5116.1 million wasestimated/budgeted for 2010-11. And then for 2012-13, the GAA shows that appropriations fc~r this strategy wereactually increosedto 5169.7 million. However, the GAA says this includes the contingent appropriation in Article IX,Section 18.07 (contingent on passage of SB 9) for $64.1 million from the State Highway Fund, as well as associated FTEincreases. But according to that section in the GAA, SIS 9 was never passed, so apparently DPS will not receive theseadditional funds and FTEs?

I’m not sure how these budget decisions affected any DPS office closures in Senate district 23--just trying to providesome additional guidance on the senator’s request. Thanks again!

From: Quinn RyanSent: Thursday, January 19, 2012 11:16 AMTo: ’[email protected]’Subject: DPS office closures in Senate district 23

Amanda,

Senator West would like some information on the 2012-13 budget cuts for DPS and how many DPS offices in his districtwere closed as a result of these cuts. Please let me know if l can provide any additional clarification on his request.Thank you for your help.

O.uinn RyanGeneral CounselOffice of Honorable Royce WestState Senator, District 23512-463-0123


TX 00004868

DE-000085


Hinesle~/, Barbara


Arriaga, AmandaTuesday, April 05,2011 12:25 PMDPS Government RelationsRe: SB14-Senate Conferees

I did. Its good for us because it means they’ll strip off everythin8 that costs the bill.

From: DPS Government RelationsSent: Tuesday, April 05, 2011 12:07 PMTo: Arriaga, AmandaSubject: FW: SB14-Senate Conferees

Just wanted to make sure you saw this.

Sarah HendricksO~ice of Government RelationsTexas Department of Public SafetyPhone: (512) 424-7272Fax: (512) 424-2966

Please direct oil constituent requests to qovernment.relations~txdps.state, tx. us

From: Smith, JanieSent: Tuesday, April 05, 2011 12:03 PM.To: Davio, Rebecca; Terry, MichaelCc: DPS Government RelationsSubject: SB14-Senate Conferees

I just got this notice on SB14:Senate refused to concur in House amendmentsPutteFYI, Janie

Conferees: Fraser, Huffman, Williams, Birdwell andVan de


TX 00004899

DE-000086


Hinesley, Barbara


Terry, MichaelFriday, September 30, 2011 3:59 PMDPS Government Relations; Davio, RebeccaArriaga. AmandaRE: Update on Driver License Matters

The Limited Term license effectively replaces the "Temporary Visitor" license. The license is revised in the followingmanner:

These revisions include:

¯ Removal of all references to "Temporary Visitor" from the face of driver licenses and identification cards¯ Modifying the expiration date of limited term driver licenses and identification cards to correspond to the expiration

of customers lawful presence unless statute provides otherwise (i.e.; provisional driver licenses)¯ Modifying the orientation of limited term licenses to a horizontal orientation, comparable to other driver licenses

and identification cards, with the exception of Under 21 licenses

From: DPS Government RelationsSent: Friday, September 30, 2011 2:08 PMTo: Davio, Rebecca; Terry, MichaelCc: Arriaga, AmandaSubject: FVV: Update on Driver License Matters

If DL will compile an answer, Amanda can send it Monday.

Thank you,

Rhonda S. TrumbleAssistant Chief, PolicyPublic Affairs and PolicyTexas Department of Public Safety(512) 424-2037

From: Jenny Goerdel [mailto:[email protected]]Sent: Friday, September 30, 2011 1:58 PMTo: DPS Government RelationsSubject: RE: Update on Driver License Matters

Thank you for the information.

What will replace the ID’s with "temporary visitor" notation? Will this be elsewhere on the ID or is the stateeliminating ID’s issued to temporary visitors?

Jenny Goerdel

From: DPS Government Relations [mailto:[email protected]]Sent: Friday, September 30, 2011 11:34 AMTo: Jenny Goerdel


TX 00004900

DE-000087


Cc: Diane PatrickSubject: Update on Driver License Matters

Dear Jenny,

At this week’s Public Safety Commission meeting, the Commission received a presentation on several rules and otherissues related to driver licenses. I wanted to provide you and Representative Patrick with a quick update on the status ofthese projects.

Limited Term Driver Licenses - This week, the Department began issuing limited term driver licenses inaccordance to the statutory changes made by Article 72 of Senate Bill 1, 82nd Texas Legislature, 1st CalledSession. Rule changes were presented to the Commission to address the statutory changes. The rules wereapproved and will be published in the upcoming edition of the Texas Register and the public will have theopportunity to provide comments.

Additional information about limited term licenses:¯ The Department is providing training on the changes for all driver license personnel.¯ We have notified all state and local law enforcement on the design change for both driver licenses and

identification cards to increase awareness.¯ The design changes include:

o Removed all references to "Temporary Visitor" from the face of DLs/IDso Modified the expiration date of limited term DLs/IDs to correspond to the expiration of customers

lawful presence, unless statute provides otherwiseo Updated the limited term licenses to a horizontal orientation, comparable to other DLs/IDs. The only

DLs/IDs that will be vertical are the Under 21 licenses.

2.) Election Identification Certificate- Rule changes were also presented to the Commission regardingimplementation of Senate Bill 14, 82nd Texas Legislature, as it applies to the issuance Election IdentificationCertificates (EIC). The rules were approved and they will be published in the upcoming edition of the TexasRegister and the public will have the opportunity to provide comments.

Additional information about the election identification certificate:¯ To preserve the integrity of the voting process and ensure the smoothest application process for

customers, DPS will follow the same standards as for identifications cards.¯ We anticipate that only a small volume of voters will apply for the EIC, as anyone who currently holds a

driver license, identification card, concealed handgun license, passport, or military ID is not eligible toreceive an EIC.

¯ DPS and the Secretary of State’s office are working jointly to ensure there are no conflicts as we movetoward implementation.

3.) Mega Centers - House Bill 1, Art. IX Sec. 18.07, 82nd Texas Legislature, included funding for DPS to open 6MegaCenters in Texas to better serve our customers. DPS worked with the Texas Facilities Commission to findtwo locations in the Dallas-Fort Worth Metroplex Area that were able to provide 10 year leases. We are now inthe process of evaluating floor plans to determine the best use of the space to increase efficiency, decrease waittimes and improve customer satisfaction. The locations that have been selected in DFW are: 4445 Saturn Roadin Garland and 1600 Eastchase Parkway in Fort Worth.

If you or Representative Patrick would like any additional information on these, or any other Department issues, pleasefeel free to contact me and I would be happy to schedule a briefing.

Sincerely,


TX 00004901

DE-000088


DPS Government Relations


TX 00004902

DE-000089


Hinesley, Barbara


Denise Davis [Denise.Davis @ speaker.state.tx.us]Friday, September 30, 2011 2:19 PMTrumble, RhondaRe: Update on Driver License Matters

Thanks for the update!

Denise DavisSent from my iPhone

On Sep 38, 2811, at 2:03 PM, "Trumble, Rhonda"<Rhonda.Trumble#dps.texas.Rov<mailto:Rhonda.Trumble#dps.texas.Rov>> wrote:

Dear Denise,

At this week’s Public Safety Commission meeting, the Commission received a presentation onseveral rules and other issues related to driver licenses. I wanted to provide you andSpeaker Straus with a quick update on the status of these projects.

1.) Llmlted Term Driver Licenses - This week, the Department began issuing limited termdrlver 11censes in accordance to the statutory changes made by Article 72 of Senate Blll 1,82rid Texas Legislature, Ist Called Sesslon. Rule changes were presented to the Commission toaddress the statutory changes. The rules were approved and will be published in the upcomingedltlon of the Texas Reglster and the publlc will have the opportunity to provlde comments.

Additional information about 11mited term licenses:

The Department is providing tralnlng on the changes for all driver licensepersonnel.

We have notlfled all state and local law enforcement on the design change for bothdrlver llcenses and identification cards to lncrease awareness.

The design changes include:

o Removed all references to "Temporary Visitor" from the face of DLs/IDs

o Modifled the expiration date of llmlted term DLs/IDs to correspond to the expiration ofcustomers lawful presence, unless statute provides otherwise

o Updated the 11mired term licenses to a horizontal orientation, comparable to otherDLs/IDs. The only DLs/IDs that will be vertlcal are the Under 21 licenses.

2.) Electlon Identification Certificate - Rule changes were also presented to theCommission regarding implementation of Senate Blll 14, 82nd Texas Legislature, as it appliesto the lssuance Electlon Identification Certificates (EIC). The rules were approved and theyw111 be published in the upcomlng edltlon of the Texas Reglster and the publlc will have theopportunity to provlde comments.

i


TX 00004905

DE-000090


Additional information about the election identification certificate:

To preserve the integrity of the voting process and ensure the smoothestapplication process for customers, DPS will follow the same standards as for identificationscards.

We anticipate that only a small volume of voters will apply for the EIC, as anyonewho currently holds a driver license, identification card, concealed handgun license,passport, or military ID is not eligible to receive an EIC.

DPS and the Secretary of State’s office are working jointly to ensure there are noconflicts as we move toward implementation.

3.) Mega Centers - House Bill 1, Art. IX Sec. 18.87, 82nd Texas Legislature, includedfundlng for DPS to open 6 MegaCenters in Texas to better serve our customers. DPS workedwith the Texas Facilities Commission to find a location in the San Antonio Area. The locationthat has been selected ls at the Corner of Huebner and Evers Streets. We were not able tofind a location that was already built and able to give us a 10 year lease, so this locationis a new build and the facillty will be built specifically to suit our office needs.

If you or Speaker Straus would like any additional information on these, or any otherDepartment issues, please feel free to contact me and I would be happy to schedule abriefing.

Sincerely,

DPS Government Relations


TX 00004906

DE-000091



Sarah Hauser [[email protected]]Monday, March 16, 2009 6:57 PMSmith, JanieRE: help with voter registration

Page 1 of 8

thanks Janie. I forwarded to him the website you sent and told him he should be expecting a phone call from the folks to answerhis questions.

Sarah HauserDistrict DirectorState Representative Allen VaughtTexas House District 107(214) 370-8305 District OfficeSarah.Hauser@ house.state.tx.us

From: Smith, ]anie [mailto:][email protected]]Sent: Monday, March 16, 2009 6:48 PMTo: Sarah HauserSubject: RE: help with voter registration

Sarah, Here is a list of bills I identified as being related to the issuance of DL/ID’s and the documents required to get a license.These bills run the gamut regarding ID requirements and this is a very contentious issue. HB1278 was heard today in the HousePublic Safety Committee and there was quite a bit of testimony, mostly from people who had problems getting their licenseswhen the rule was first implemented, but all of whom now have Texas Driver Licenses, like Mr. Levy.HB193HB976HB1061HB1278HB2077HB4480HB4674SB1784SB2261

Janie SmithLegislative Liaison

From: Sarah Hauser [mailto:[email protected]]Sent: Monday, March 16, 2009 6:27 PMTo: Smith, .lanieSubject: RE: help with voter registration

Janie:Also, do you have those bill numbers for the bills that you reference so that we may review them?

thank you,Sarah

Sarah HauserDistrict DirectorState Representative Allen VaughtTexas House District 107(214) 370-8305 District OfficeSarah. Hauser@ house .state .tx .us

From: Smith, ]anie [mailto:.][email protected]]Sent: Monday, Narch 16, 2009 6:18 PMTo: Sarah HauserSubject: RE: help with voter registration

file://E:\Voter ID for AGLa, ction Sheets and EmailsWau~ht-3-12 help with voter re~istration.htm


3/28/2012

TX 00004929

DE-000092


Page 2 of 8

ht_~Lp:_//www.txdps.state.tx.us/administration/driver licensing control/LawfulStatusDLID.htmSarah, The link above will take you to the information regarding the driver license rule related to lawful status. This link isavailable on the Driver License Division page on the DPS website. The rule is included and at the bottom of the page, there is alink to the identification policy which delineates the acceptable documents. A US passport can be issued to non-citizens incertain instances, so if there is a question about citizenship status, additional documentation may be required besides thepassport. If someone was not born in the US, this rule requires that they provide documentation to show they are lawfully in theUnited States. If a person immigrated to the US, they should have or be able to obtain through the federal government,documents that indicate their status. Your constituent may be interested to know there is a lawsuit pending and several piecesof legislation being considered that address this policy and it may change. In the meantime, hopefully the Driver License Chief’soffice can assist him in understanding the issues related to his driver license.


From: Sarah Hauser [mailto:[email protected]]Sent: Monday, March 16, 2009 6:05 PMTo: Smith, .lanieCc: Lauren MishSubject: RE: help with voter registration

Janie:Do you know if there is any information on your website that lists the "rule" or where we can find information on how a person canprovide citizenship? Can you send me a copy of the rule that your office is referring to that prevents him from only using hisPassport?thanks,Sarah

Sarah HauserDistrict DirectorState Representative Allen VeughtTexas House District 107(214) 370-8305 District OfficeSarah.Hauser@ house.state.tx.us

From: Smith, Janie [mailto:[email protected]]Sent; Monday, March 16, 2009 5:32 PMTo-" Sarah HauserSubject: RE: help with voter registration

Will do. Thanks,


From: Sarah Hauser [mailto:[email protected]]Sent-’ Monday, March 16, 2009 5:24 PMTo-’ Smith, ]anieCc; Shelley SturgesSubject; RE: help with voter registration

Janie:Thanks, I spoke with Shelley at Sen. Carona’s office and copied her along with our Chief of Staff so they would know what isgoing on and what he wants. I appreciate your help. Please let me know what happens after he gets the phone call if we can geta report back from whomever calls him.thank you again,Sarah

Sarah Hauser

file://E:\Voter ID for AGkAction Sheets and EmailsWaulzht-3-12 help with voter re~istration.htm


3/28/2012

TX 00004930

DE-000093


District DirectorState Representative Allen vaughtTexas House District 107(214) 370-8305 District OfficeSarah,Hauser@ house.state.tx.us

From= Smith, Janie [mailto:[email protected]]~ent’- Monday, March 16, 2009 5:21 PMTo-" Sarah Hauser(:¢-" LegislativeliaisonSubject-" RE: help with voter registration

Page 3 of 8

Sarah, We’ve now heard from Senator Nelson, Consresswoman Granser, your office, and Senator Carona resardin8 Mr. Levy.He has been issued a Texas Driver License. The record does indicate he is not a citizen, but if he provides verifiabledocumentation that will be updated. We have asked the Assistant Chief of Driver License, Bob Burroughs or Major RhondaFleming, who are the experts resardin8 this issue here at Headquarters, to contact Mr. Levy and work with him to providewhatever documentation and explanation we may be able to provide that will be responsive to his concerns. Thanks forproviding this additional information and we’ll include it with the other requests he has made.


From’- Sarah Hauser [mailto:[email protected]]Sent-" Monday, March 16, 2009 5:07 PMTo: m.y. levySubject: RE: help with voter registration

Mr. Levy:First, I want to explain to you that no one is trying to keep you from voting, and I would encourage you to go ahead and register tovote.

Secondly, as for getting the DPS to mark you as a "citizen" in their database, that is a rule that was set in place at the State Leveland it is something that all drivers license applicants have to follow. Changing the rule is essentially what you are asking us to do,and I will inform Representative Vaught and the Texas DPS that that is something you wish to happen. However, that won’tchange your situation immediately. That is why I recommended you fill out the form to get your "Certificate of Citizenship" fromthe Federal Government.

If you feel that the rules that Texas has put in to place are contradictory to’the Federal Government’s rules, then that is somethingthat you may wish to ask your Congressional Representative to find out for you. Also, your Federal Representative’s office are theones who can help you get your Certificate of Citizenship if you need any help with that. That is why I recommended that youcontact them.

Our office cannot make DPS change their rules for one applicant. I will ask them to see if they can provide to you the rules inwriting for that section that requires more than a passport to ascertain citizenship. Also I apologize that Lt. Bedford wasmisinformed, he did tell me on the phone on Friday that you had not gone through the process to get your Driver’s License andyour original email said "when I went to apply" so I was not sure if you had gone ahead through the application process.

Unfortunately during session, the Representative’s schedule is very tight. He is in Austin most of the time on the floor of theHouse or in meetings. I will ask him if he has some time during an upcoming Friday if you wish to schedule an appointment, letme know. I will be sure he is aware of your concerns and hardship with this process and I apologize that Texas rules are differentthan other states you have lived in.

Thank you,Sarah

Sarah HauserDistrict DirectorState Representative Allen VaughtTexas House District 107(214) 370-8305 District OfficeSarah.Hauser@ house.state.ix.us

From: m.y. levy [mailto:[email protected]]

file://E:Woter ID for AGkAction Sheets and EmailsWau~ht-3-12 help with voter re~istration.htm


3/28/2012

TX 00004931

DE-000094


Sent: Monday, March 16, 2009 4:50 PMTo: Sarah HauserSubject: Re: help with voter registration

Page 4 of 8

This is a state issue, not a federal issue. I contacted Sessions office, and they agreed it is a state matter. Not federal.In addition to being misinformed about federal law, Lieutenant Bedford is also misinformed about my TX driverslicense, b/c I told him I got one, and gave him the number. I am appalled at the incompetence and racism that I amexperiencing. I expected more help from my representatives, I am very disappointed, but will not let the issue rest.This is a complete outrage. I am in your district, I am sorry you choose not, to help. I would like to speak with myrepresentative directly. Please let me know when I can speak directly with Mr. Vaught.

thanks,Dr. M.Y. Levy

On Men, Mar 16, 2009 at 4:19 PM, Sarah Hauser <[email protected]> wrote:

Mr. Levy:

I understand your frustration however since I work for the state and this is a Federal document I would recommend that youcontact your Federal representative’s office. It doesn’t make a lot of sense to me either, however, that is what the DPS rules andthe congressional office whom I spoke to said. I spoke with Barbara in Jeb Hensarling’s office, however after looking up yourregistration, you are not in their district (although most of our district overlaps theirs). However, I recommend you contact yourown representative’s office, they should be able to help you. I am sorry that I can’t help you with Federal Issues.

Sincerely,

Sarah

Sarah Hauser

District Director

State Representative Allen Vaught

Texas House District 107

(214) 370-8305 District Office

Sarah.Hauser@ house.state.tx.us

From: m.y. levy [mailto:[email protected]]Sent: Monday, March 16, 2009 4:15 PM

To: Sarah HauserSubject: Re: help with voter registration

i would like to see this information in writing, the link i sent you is from the federal government and is entitled"I am a citizen of the US, how do I get proof of my citizenship?".the link again is:http://www.uscis.gov/files/article/A4eng.pdf

file://E:\Voter ID for AGkAction Sheets and Emails\Vaught-3-12 help with voter re~istration.htm


3/28/2012

lX 00004932

DE-000095


Page 5 of 8

look at the link, pay particular attention to page 2 paragraph 2. i do NOT require a certificate of citizenship accordingto the federal government.i don’t understand what this has to do with 9/11, as this has not been an issue in PA, WI, or MD. just TX.please tell me who you spoke with on a federal level and give me their contact information.

I look forward to hearing from you,Dr. Levy

On Mon, Mar 16, 2009 at 3:58 PM, Sarah Hauser <[email protected]> wrote:

Mr. Levy:

I spoke to Mr. Greg Bedford of the Piano DPS on Friday and he said he had spoken to you. Unfortunately, it sounds like you aregoing to have to get a Certificate of Citizenship from the USCISo The information is on the link that you sent me below. I checkedwith one of the Federal Representatives’ offices and that is what they also told me. There are new rules due to 9/11 and that iswhat you will have to do.

Mr. Bedford told me that you do not have a Texas Driver’s License yet. You may just want to wait to get one until you can getyour Certificate of Citizenship worked out. However, you should still be able to register to vote. You can fill out the white voterregistration card and use the last four digits of your social (they ask for either your Texas Drivers License No. or your last fourdigits of your social). They should register you to vote so you should be good to go by the next election in May. Getting yourTexas Driver’s License should not hinder your voting, as you can use other forms of ID to vote. Here is some information for youhttp://www.sos.state.tx.us/elections/index.shtml.

You can also print this form out http://www.sos.state.tx.us/elections/forms/vr17.pdf and mail it to:

Elections Administrator

Bruce Sherbet

2377 North Stemmons Frwy, Suite 820

Dallas, TX 75207

Getting your Certificate of Citizenship is a federal issue, so if you have questions about that, you will need to contact your federalrepresentatives office which would be Pete Sessions. Here is his contact info:

Texas U.S. RepresentativeCongressional District 32--Congressman Pete SessionsDistrict Address: 1514 LONGWORTH HOUSE OFFICE BUILDINGWASHINGTON DC 20515Phone: (202) 225-2231District Offices

file://E:\Voter ID for AG~%ction Sheets and Emails\Vau~ht-3-12 help with voter re~istration.htm


3/28/2012

TX 00004933

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12750 Merit Drive, Suite 1434Dallas, TX 75251Phone: (972) 392-0505

Page 6 of 8

I hope this information is helpful. Please let me know if you have further questions.

Sincerely,

Sarah

Sarah Hauser

District Director




Sarah.Hauser @ house.state.tx.us

From: m.y. levy [mailto:[email protected]]Sent-’ Monday, March 16, 2009 3:20 PMTo; Sarah HauserSubject; Re: help with voter registration

hi Sarah:

any updates?i found another document from the federal governmenthttp://www.uscis.gov/files/article/A4eng.pdf

it states that a valid US passport is all the proof i need to document citizenship.

thanks,Dr M Y Levy

On Wed, Mar 11, 2009 at 7:01 PM, m.y. levy <[email protected]> wrote:

Hi Sarah:

Thanks for your help and quick reply and help with this matter.

The US federal government requires as proof of US citizenship ONE of the following:

file://E:\Voter ID for AGka_ction Sheets and EmailsWau~ht-3-12 help with voter re~istration.htm


3/28/2012

IX 00004934

DE-000097


~Previously issued, undamaged U.S. Passport

~-~Certified birth certificate issued by the city, county or state*

~Consular Report of Birth Abroad or Certification of Birth

~-~ Naturalization Certificate

~-~ Certificate of Citizenship

Page 7 of 8

here is the link to the website:http://travel.state.gov/passport/get/first/first 830.html

My valid US passport should be all the proof I need of my citizenship. It is good enough for the federal government,and should also be good enough for the state of TX.I will not be denied my right to vote, and I will not accept being listed as "not a US citizen" in the TX database or onmy new drivers license.

Again, I am very appreciative of your help and you time.

Thanks,Dr. Moshe Yair Levy

On Wed, Mar 11, 2009 at 5:21 PM, Sarah Hauser <[email protected]> wrote:

Mr. Levy:

I got your email as we were on the telephone. I hope to get this situation resolved for you as soon as possible.

thank you,

Sarah

Sarah Hauser

District Director




~$arah.Hauser@ house.state.ix.us

From: [email protected] [mailto:[email protected]]Sent: Wednesday, March 11, 2009 5:11 PMTo: District107 VaughtSubject: help with voter registration

file://E:\Voter ID for AGLAction Sheets and Emails\Vau~ht-3-12 help with voter re~istration.htm


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IX 0000493

DE-000098


Page 8 of 8

Name: Mr. Moshe Yair LevyAddress: 6414 Lakewood Blvd.City: DallasState: TXZ|p~zode: 75214Phone: 443-4130368E-maih mylevy @ gmail.com

Message:I recently moved to Dallas from Baltimore for a new job. I was born in Israel and became a US citizen when I wasunder the age of ! 6. My parents became naturalized citizens and due to my age at the time, I also got citizenship. Inever got "naturalization papers". I have had a valid US passport since that time. I have been a US citizen more than 21years and was a registered voter in MD. When I went to apply for my Texas driver’s license, I was told that my passportdid not prove I was a citizen (although you cannot get a US passport without being a citizen), and withoutnaturalization papers (which I don’t have), my license would say I was not a citizen, which would also make me unableto register to vote. taking away my right to vote is unconstitutional, how can we right this situation? i appreciate anyhelp you could offer.

Thank you for your time,

Dr. Moshe Yair Levy

ComlmterIP: 76.187.69.2

file://E:\Voter ID for AGLAction Sheets and EmailsWau~ht-3-12 help with voter re~istration.htm


3/28/2012

"I’X 00004936

DE-000099


Hinesle}f, Barbara


Arriaga, AmandaFriday, September 30,2011 8:48 AMTrumble, RhondaEmail to DFW Legislators

Dear.~,

At this week’s Public Safety Commission meeting, the Commission received a presentation on several rules and otherissues related to driver licenses. I wanted to provide you and Lel~islator X with a quick update on the status of theseprojects.

1.) Limited Term Driver Licenses- This week, the Department began issuing limited term driver licenses inaccordance to the statutory changes made by Article 72 of Senate Bill 1, 82°d Texas Legislature, 1’t CalledSession. Rule changes were presented to the Commission to address the statutory changes. The rules wereapproved and will be published in the upcoming edition of the Texas Register and the public will have theopportunity to provide comments.

Additional information about limited term licenses:¯ The Department is providing training on the changes for all driver license personnel.¯ We have notified all state and local law enforcement on the design change for both driver licenses and

identification cards to increase awareness.¯ The design changes include:

o Removed all references to "Temporary Visitor" from the face of DLs/IDso Modified the expiration date of limited term DLs/IDs to correspond to the expiration of customers

lawful presence, unless statute provides otherwiseo Updated the limited term licenses to a horizontal orientation, comparable to other DLs/IDs. The only

DLs/IDs that will be vertical are the Under 21 licenses

Election Identification Certificate- Rule changes were also presented to the Commission regardingimplementation of Senate Bill 14, 82nd Texas Legislature, as it applies to the issuance Election IdentificationCertificates (EIC). The rules were approved and they will be published in the upcoming edition of the TexasRegister and the public will have the opportunity to provide comments.

Additional information about the election identification certificate:¯ To preserve the integrity of the voting process and ensure the smoothest application process for

customers, DPS will follow the same standards as for identifications cards.¯ We anticipate that only a small volume of voters will apply for the EIC, as anyone who currently holds a

driver license, identification card, concealed handgun license, passport, or military ID is not eligible toreceive an EIC.

¯ DPS and the Secretary of State’s office are working jointly to ensure there are no conflicts as we movetoward implementation.

3.) Mega Centers - House Bill 1, Art. IX Sec. 18.07, 82nd Texas Legislature, included funding for DPS to open 6MegaCenters in Texas to better serve our customers. DPS worked with the Texas Facilities Commission to findtwo locations in the Dallas-Fort Worth Metroplex Area that were able to provide 10 year leases. We are now inthe process of evaluating floor plans to determine the best use of the space to increase efficiency, decrease waittimes and improve customer satisfaction. The locations that have been selected in DFW are: 4445 Saturn Roadin Garland and 1600 Eastchase Parkway in Fort Worth.


TX 00004955

DE-O00100


If you or LeRislator would like any additional information on these, or any other Department issues, please feel free tocontact me and I would be happy to schedule a briefinlL

Sincerely,


TX 00004956

DE-O00101


Hinesley, Barbara


Davio, RebeccaThursday, September 15, 2011 7:46 AMArriaga, Amanda; DPS Government RelationsTerry, Michael; Smith, JanieRE: Questions from Sen. Ellis

REVISED ANSWERS:

Within a DPS licensing office, will there be a separate line/processing counter for individuals coming in solely to obtain aelection identification certificate under Ch. 521A?The current plan is to handle applicants for election identification certificates (El(:) in a fashion similar to applicants forpersonal identification cards.

Will the current DPS locations be the only places to obtain an election identification certificate?In September 2012, we will be opening mega centers in metropolitan areas that will alleviate lines and provideexpanded DPS presence is some areas, but we do not have plans to provide additional facilities for EIC issuance.

From: Ardaga, AmandaSent: Thursday, September 15, 2011 7:37 AMTo: Davio, Rebecca; DPS Government RelationsCc: Terry, Michael; Smith, JanieSubject: RE: Questions from Sen. Ellis

I think that would be best. We’re stuck in some ways because they won’t like the answer either way. So, if we don’t haveto make the special accommodations for people who want the voter ID, then I think you can stick to your guns and sayso and cite the statute...

From: Davio, RebeccaSent: Wednesday, September 14, 2011 10:00 PMTo-" Arriaga, Amanda; DPS Government RelationsCc: Terry, Michael; Smith, JanieSubject: Re: Questions from Sen. Ellis

Yes. I was hoping that it didn’t come across as very much of a possibility.

What do you think the reaction will be if we just say they will be treated like regular l’d card applicants and leave it atthat?

From: Arriaga, AmandaSent: Wednesday, September 14, 2011 04:41 PMTo: Davio, Rebecca; DPS Government RelationsCc: Tern/, Michael; Smith, JanieSubject: RE: Questions from Sen. Ellis

Are y’all concerned at all about giving "wiggle room" in this response that says, maybe at some point we’ll have a specialline for the voter ID? I’m afraid that they might come back and demand to know how you’ll decide when it’s necessary,which offices you would give that "privilege" to, etc.


TX 00005035

DE-000102


From: Davio, RebeccaSent: Wednesday, September 14, 2011 1:41 PMTo: DPS Government Relations; Arriaga, Amanda(::c: Tern/, Michael; Smith, ]anieSubject: RE: Questions from Sen. Ellis

Following is our draft response:

The current plan is to handle applicants for election identification certificates (EIC) in a fashion similar to applicants forpersonal identification cards. It would be possible, in larger offices and those with queuing systems, to route electionidentification certificate (EIC) customers through special lines, if deemed necessary. Applicants in small offices may haveto wait with other driver license customers. We will provide staff with the flexibility to serve the customers in the mostefficient manner.

We will be opening mega centers in metropolitan areas that will alleviate lines and provide expanded DPS presence issome areas, but we do not have plans to provide additional facilities for EIC issuance.

From: Smith, JanieSent: Tuesday, September 13, 2011 10:11 AMTo: Davio, Rebecca(::¢: Tern/, MichaelSubject: RE: Questions from Sen. Ellis

Here is my response - edit as you see fit. Janie

Larger offices and those with queuing systems will be able to establish specific lines, if necessary, or route electionidentification certificate (EIC) customers through express lines along with applicants for personal identification cards.Applicants in small offices may have to wait with other driver license customers. We will provide staff with the flexibilityto serve the customers in the most efficient manner.We will be opening mega centers in metropolitan areas that will alleviate lines and provide expanded DPS presence issome areas, but we do not have plans to provide additional facilities for EIC issuance.

From: Davio, RebeccaSent: Monday, September 12, 2011 7:54 PMTo: Smith, ]anie(::el Tern/, MichaelSubject: FW: Questions from Sen. Ellis

Figure Mike already asked you to handle but just in case

From: DPS Government RelationsSent: Monday, September 12, 2011 4:02 PMTo: Davio, Rebecca; Tern/, MichaelCc: Arriaga, AmandaSubject: FW: Questions from Sen. Ellis

Rebecca and Mike,

Can you and your team prepare a response for Senator Ellis’ office to the below questions? Amanda will approve thensend the response.

Thank you,


TX 00005036

DE-000103


Rhonda S. TrumbleAssistant Chief, PolicyPublic Affairs and PolicyTexas Department of Public Safety(512) 424-2037

From: David Edmonson [mailto:[email protected]]Sent: Monday, September 12, 2011 3:14 PMTo’- DPS Government RelationsSubject: FVV: Questions from Sen. Ellis

Sent to this email after I received Amanda’s out-of-office reply.

From: David EdmonsonSent: Monday, September 12, 2011 3:13 PMTo: ’[email protected]’Subject: Questions from Sen. Ellis

Amanda,

Sen. Ellis has a couple of questions re: DPS’s implementation of SB 14, the voter ID bill. Within a DPS licensing office,will there be a separate line/processing counter for individuals coming in solely to obtain a election identification certificateunder Ch. 521A? Or would a Texan coming to obtain the election identification certificate have to wait in the same line assomeone obtaining a driver’s license?

Additionally, are you aware of whether DPS has any plans to host satellite locations/offices to assist citizens withobtaining the election identification certificates? Or will the current DPS locations be the only places to obtain an electionidentification certificate?

Thanks,

David EdmonsonSenior Policy AdvisorSenator Rodney EllisSenate District 13Phone: 512.463.0113Fax: 512.463.0006


TX 00005037

DE-000104


For issue of: PI Working ACK

Proposed Rulemaking ActionName of Agency: Texas Department of Public Safety

Agency Code: 0201

Title: 37 Part: 1

Chapter: 15. Driver License Rules

Subchapter: L. Election Identification Certificate (New Subchapter)

Division:

TAC Section Number(s): <**>15.181 - 15.185

X New Amendment~Repeal ~

Proposed Date of Adoption: X 30 Days after Publication ~

File Name: 0928e0201

Means of transmitting:.__Diskette ~lntemet X E-Mail

Graphics Included? Yes X No

Graphics File Name:

Means of transmitting:~Diskette ~lnternet ~E-Mail

Adoption by Reference

Other (Specify):

Verification/CertificationI verify that I have reviewed the submitted document and that it contorms to all applicable Texas Register filingrequirements. The submitted document has been reviewed by legal counsel and found to be a valid exercise of theagency’s legal authority.

Agency Liaison: Duncan R. Fox or Susan Estringel

Certifying Official: D. Phillip Adkins

Date of Verification: September 28, 2011

E-Mail Address: [email protected]

Phone Number: (512) 424-5848 (Susan) Fax Number: (512) 424-2251


TX 00005053

DE-000105


The Texas Department of Public Safety (the department) proposes new <**>15.181 -15.185, concerning Election Identification Certificate. The 82nd Texas Legislature enactedTransportation Code, Chapter 521A, which requires the department to issue electionidentification certificates. These rules are necessary to inform the public of what will be requiredof applicants for issuance of an election identification certificate and allow the public to have arole in establishing the process.

Denise Hudson, Assistant Director of Finance, has determined that for each year of the firstfive-year period the rules are in effect there will be fiscal implications for state government, butno fiscal implication for local government, or local economies. The fiscal impact for stategovernment cannot be determined as there is no available data to support the number ofindividuals who may request a no-cost election identification certificate. The cost for productionand issuance of the card is $1.67 each.

Ms. Hudson also has determined that there will be no adverse economic effect on smallbusinesses or micro-businesses requked to comply with the rules as proposed. There is noanticipated economic cost to individuals who are required to comply with the rules as proposed.There is no anticipated negative impact on local employment.

In addition, Ms. Hudson has determined that for each year of the first five-year period theroles are in effect the public benefit anticipated as a result of the rules will be that individualswill be informed of the requirements and process related to the issuance of an electionidentification certificate.

The department has determined that this proposal is not a "major environmental rule" asdefined by Texas Government Code, <*>2001.0225. "Major environmental rule" is defined tomean a rule the specific intent of which is to protect the environment or reduce risks to humanhealth from environmental exposure and that may adversely affect in a material way theeconomy, a sector of the economy, productivity, competition, jobs, the environment, or thepublic health and safety of the state or a sector of the state. This proposal is not specificallyintended to protect the environment or reduce risks to human health from environmentalexposure.

The department has determined that Chapter 2007 of the Texas Government Code does notapply to this proposal. Accordingly, the department is not required to complete a takings impactassessment regarding these rules.

Comments on the proposal may be submitted to Janie Smith, Driver License Division, TexasDepartment of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512)424-5233; or by email to [email protected]. Comments must be received nolater than thirty (30) days from the date of publication of this proposal.

The new sections are proposed pursuant to Texas Government Code, <*>411.004(3), whichauthorizes the Public Safety Commission to adopt rules considered necessary for carrying out thedepartment’s work; and Texas Transportation Code, Chapter 521A, which authorizes thedepartment to issue a no-cost election identification certificate to eligible applicants.

Texas Government Code, <*>411.004(3) and Texas Transportation Code, Chapter 521A areaffected by this proposal.


TX 00005054

DE-000106


<new><*>l 5.181. Eligibility for Election Identification Certificate.

(a) An applicant must be at least 17 years and 10 months of age in order to apply for an electionidentification certificate.

(b) An applicant must affirm that the person is obtaining the certificate for the purpose ofsatisfying Election Code, <*>63.001(b) and does not have another form of identificationdescribed by Election Code, <*>63.0101.

(c) An applicant must:

(1) Be a registered Voter in this state and present a voter registration cardissued to the individual;or

(2) Be eligible for voter registration under Election Code, <*>13.001 and submit an applicationfor voter registration.

(d) An applicant who has been issued any of the following documents is not eligible to receivean election identification certificate:

(1.) A driver license, election identification certificate, or personal identification certificate issuedby the department that has not expired or that expired no earlier than 60 d_ays before the date ofapplication; or

(2) A United States military identification card that contains the person’s photograph that has notexpired or that expired no earlier than 60 days before the date of application;

(3) A United States citizenship certificate issued to the person that contains the person’sphotograph;

(4) A United States passport issued to the person that has not expired or that expired no earlierthan 60 days before the date of application; or

(5) A license to carry a concealed handgun issued to the person by the department that has notexpired or that expired no earlier than 60 days before the date of application.

<new><*>l 5.182. Identification of Applicants.

An applicant for an election identification certificate must provide documents satisfactory to thedepartment. All documents must be verifiable.

(1) An original applicant for an election identification certificate must present:

(A) One piece of primary identification; or

(B) Two pieces of secondary identification; or

(C) One piece of secondary identification plus two pieces of supporting identification.


TX 00005055

DE-000107


(2) Primary Identification. A Texas driver license or personal identification card issued to theperson that has been expired for 60 days and is within two years of expiration date may bepresented as primary identification.

(3) Secondary identification. These items are recorded governmental documents (United States,one of the 50 states, a United States territory, or District of Columbia):

(A) Original or certified copy of a birth certificate issued by the appropriate State Bureau of VitalStatistics or equivalent agency;

(B) Original or certified copy of United States Department of State Certification of Birth (issuedto United States citizens born abroad); or

(C) Original or certified copy of court order with name and date of birth (DOB) indicating anofficial change of name and/or gender.

(4) Supporting identification. These items consist of other records or documents that aidexamining personnel in establishing the identity of the applicant. The following items are not allinclusive.

(A) voter registration card;

(B) school records;

(C) insurance policy (at least two years old);

(D) vehicle title;

(E) military records;

(F) unexpired military dependant identification card;

(G) original or certified copy of marriage license or divorce decree;

(H) Social Security card;

(I) pilot’s license;

(J) unexpired photo DL or photo ID issued by another (United States) state, US territory, theDistrict of Columbia;

(K) expired photo DL or photo ID issued by another (United States) state, US territory, or theDistrict of Columbia that is within two years of the expiration date;

(L) an offender identification card or similar form of identification issued by the TexasDepartment of Criminal Justice;


TX 00005056

DE-000108


(M) any document that may be added to <*>15.24 of this title (relating to Identification ofApplicants) other than those issued to persons who are not citizens of the U.S.

<new><*> 15.183. Application Requirements.

(a) An application for an election identification certificate must include:

(1) the applicant’s full name;

(A) A married woman may use her maiden name or she may adopt the surname of her husbandor the surname of a previous husband. No name will be used that has not been documented.Middle names will not be substituted for first names. Three full names will be used, unless theapplicant does not have three names, including the maiden name. This section applies to bothsexes.

(i) When change of name occurs because of marriage, divorce, annulment, or death of spouse,the certificate holder may choose to keep her current married name, revert to her maiden name,or adopt a previous husband’s surname. Name changes for reasons other than those set outabove require a court order verifying such change.

(ii) Certificate holders who request a name change may apply for a duplicate and exercise thesame privilege in name selection as an original applicant.

(13) Foreign language names will be spelled out as they appear on the identification documentspresented. English versions of names will not be substituted for the actual name.

(C) Ecclesiastical names such as Brother Thomas, Sister Mary, or Father Kelly are not used.

(2) the applicant’s place and date of birth;

(3) the fingerprints of the applicant; this does not apply to an applicant who is permitted andutilizes an alternative method for renewing or duplicating an election identification certificate.

(4) a photograph of the applicant;

(5) the signature of the applicant; The applicant’s usual signature, in ink, is required on allapplications for an election identification certificate.

(A) The primary purpose of the signature is to identify the applicant and verify the informationgiven on the application.

(B) If an applicant cannot write his name, he may make his "mark." This is usually a cross in theplace of his signature followed by the applicant’s printed name. The Driver License fieldemployee shall sign under the applicant’s "mark" showing who printed the applicant’s name.

(6) a brief description of the applicant;

(7) the sex of the applicant;


TX 00005057

DE-000109


(8) the residence address of the applicant;

(9) whether the applicant is a citizen of the United States; and

(10) the county of residence of the applicant;

(b) Social Security number. Applicants for an election identification certificate will be asked toprovide verification of Social Security number documentation. If the applicant falls or refuses toprovide that social security information, the election identification certificate will be issuedwithout such documentation unless state or federal statute requires otherwise. Acceptabledocuments to provide verification of Social Security number are listed in <*>15.42 of this title(relating to Social Security Number),

(c) Notarizations. The applicant must verify original election identification certificateapplications before a person authorized to administer, oaths. The following officials mayadminister such oaths or affirmations:

(1) within the State of Texas:

(A) a judge, clerk, or commissioner of any court of record;

(B) a notarY public;

(C) a justice of the peace;

(D) authorized employees of the Department of Public Safety;

(E) a notary public;

(2) general:

(A) in the absence of evidence to the contrary, it is presumed that all notarizations are legallymade;

(B) the omission of the seal by officers normally required to use same for notarization invalidatesthe oath;

(C) notarized election identification certificate applications must be dated not more than sixmonths prior to date of application.

<new><*>l 5.184. Expiration, Renewal, and Replacement of Election Identification Certificate.

(a) Expiration.

(1) An Election Identification Certificate expires on the first birthday of the cardholder occurringafter the sixth anniversary of the date of the application.

(2) An Election Identification Certificate issued to a person 70 years of age or older does notexpire.


TX 00005058DE-O00110


(b) Renewal.

(1) An applicant for renewal of an election identification certificate must present evidence ofeligibility, under <*>15.181 of this title (relating to Eligibility for Election IdentificationCertificate) plus one other piece of personal identification if the election identification certificateis not presented, if necessary to identify the applicant, prior to renewal.

(2) An election identification certificate may be renewed 12 months before expiration date.Earlier renewals will be accepted for good cause.

(3) The department may provide certificate holdersduplicating an election identification certificate.

(c) Applications for Replacements and Corrections.accepted in any of the following cases:

with alternate methods of renewing or

An application for replacement will be

(1) when an election identification certificate has been lost, destroyed, marred, or mutilated;

(2) when there has been a change of name and/or gender.

<new><*> 15.185. Cancellation and Surrender.

The department may cancel and require surrender of an election identification certificate uponconfirmation that the certificate was issued to a person not entitled thereto.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found tobe within the agency’s legal authority to adopt.

Filed with the Office of the Secretary of State on September 28, 2011.

D. Phillip AdkinsGeneral CounselTexas Department of Public Safety


TX 00005059DE-O00111


For issue of: PI Working ACK

Adopted Rulemaking ActionTexas Department of Public SafetyName of Agency:

Agency Code: 0201

Title: 37 Part: 1

Chapter: 15. Driver License Rules

Subchapter: L. Election Identification Certificate

Division:

TAC Section Number(s): <**>15.181 - 15.185

Proposed Action TRD Number: 201104118 Proposed Action Issue Date: October 14, 2011

X New Amendment~Repeal _~Adoption by Reference

X With Changes..___Without Changes Federal Mandate

Effective Date: X 20 Days alter Filing ..___Other (Specify):.

~.lnternet X E-Mail

No

File Name: 1118c.201

Means of transmitting:~Diskette

Graphics Included?.~Yes X

Graphics File Name:

Means of transmitting:~Diskette ~lnternet ~.E-Mail

Verification/CertificationI verify that I have reviewed the submitted document and that it conforms to all applicable Texas Register filingrequirements. The submitted document has been reviewed by legal counsel and found to be a valid exercise of theagency’s legal authority.

Agency Liaison: Duncan R. Fox or Susan Estringel

Certifying Official: D. Phillip Adkins

Date of Verification: November 18, 2011

E-Mail Address: susanoestringel@ dps.texas.gov

Phone Number: (512) 424-5848 (Susan) Fax Number: (512) 424-2251


TX 00005061

DE-000112


The Texas Department of Public Safety (the department) adopts new <**>15.181 - 15.185,concerning Election Identification Certificate. These new sections are adopted with changes tothe proposed text as published in the October 14, 2011 issue of the <eti>Texas Register<et> (36TexReg 6873) and will be republished.

The 82nd Texas Legislature enacted Transportation Code, Chapter 521A, which requires thedepartment to issue election identification certificates. These rules are necessary to inform thepublic of what will be required of applicants for issuance of an election identification certificateand allow the public to have a role in establishing the process.

The department accepted comment on the proposed rules through November 14, 2011.Written comments were submitted by Senator Leticia Van de Putte, R. Ph. and Karen Nicholsonrepresenting League of Women Voters of Texas (LWV). Changes were made to proposed new<*>15.182 based on the comments received by the department. Substantive comments received,as well as the department’s responses, thereto, are summarized below:

COMMENT: Regarding <*>15.181(d)(1), (2), (4) and (5), LWV recommended amendingthe requirement that an applicant who holds a driver license, election identification certificate,personal identification certificate, U.S. passport, or concealed handgun license that expired noearlier than 60 days before the date of application, by adding 30 days to allow additionalprocessing time for processing for an expired document. The comments further state that therules need to clarify the time it will take to process an election identification certificate andwhether a receipt issued at application will be accepted at the polls.

RESPONSE: The department disagrees with these recommendations. The Secretary ofState determines what documents will be accepted at the polls and has informed the departmentthat the receipt issued upon application will be accepted in the same manner as a driver license,election identification certificate, or personal identification certificate as long as the photo isincluded. Additionally, since the receipt will be accepted and local elections do not always fallon uniform election dates; the department determined wording should mirror that in the statute.

COMMENT: Regarding <*>15.182(2), LWV recommended allowing all photo iDsqualified under SBI4 and all primary identification accepted for a driver license or personalidentification certificate as primary identification for an election identification certificate. LWNasserted that only allowing a driver license or personal identification certificate that has expiredfor at least 60 days and no more than two years is unnecessarily limiting.

RESPONSE: The department disagrees with this recommendation. The other documentsallowed for primary identification are also acceptable for voting purposes or are accepted onlyfor persons who are not U.S. citizens. Persons who hold acceptable documents for voting andnon-citizens are not eligible for an election identification certificate.

COMMENT: Regarding <*>15.182(3), LWV recommended allowing more types ofsecondary identification than U.S. birth certificates, certificates of birth abroad, or specific courtorders, stating that persons who cannot afford to secure certified documents or for whom no birthcertificate is available may not be able to provide documents to meet the requirements. LWV


TX 00005062

DE-000113


also noted that old citizenship documents might not contain photographs so some naturalizedcitizens may not have acceptable voting documents and the role does not accommodate them.

RESPONSE: The department disagrees with part of this recommendation. Expanding thelist of acceptable secondary documents to include those that are not issued by a verifiablegovernmental source opens the process up to a greater fraud potential. The department agreeswith the recommendation to include citizenship documents without photographs. Toaccommodate naturalized citizens with older documents, the department changed the wording in<*>15.182(2) to add citizenship certificates or certificates of naturalization without photographs.

COMMENT: Regarding <*>15.182(4), Senator Van de Putte recommended including theVA card on the supporting documents list. LWV recommended that the list of supportingdocuments should be as broad as that for securing a driver license or personal identificationcertificate. LWV also stated that the rules should include all acceptable documents and notinclude the statement that the list is not all-inclusive.

RESPONSE: The department agrees with this recommendation. Fifteen additionaldocuments accepted for driver license and identification cards were added to <*>15.82(4)(M)-(BB) the list including the Veteran’s Administration (VA) card. The statement that this list is notall inclusive was deleted from <*>15.182(4).

COMMENT: Regarding <*>15.183(a)(1)(A), LWV recommended making the wording ofthis section gender-neutral and allowing the name to be the same as the name used for voterregistration.

RESPONSE: The department disagrees with these recommendations. The reference tomamed women is specific while the statement that the section applies to both sexes refers to theuse of previously documented names. This section of the rule is the same as that used forissuance of a driver license or personal identification certificate as allowed under the law.Election workers have the ability and guidance from the Secretary of State to determine if thename on the voter list and the presented identification are similar.

COMMENT: Regarding the location of driver license offices, Senator Van de Putte, raisesconcerns that citizens will have to travel outside of their home counties to obtain an electionidentification certificate. She also recommends that all communications regarding the electionidentification certificate issuance be in English, Spanish, and any other language necessary toreach minority voters.

RESPONSE: The department does not take a position on these comments as they go beyondthe scope of rulemaking.

Additionally, the department changed the text of <*>15.182(4)(D) from "vehicle title" to"Texas vehicle or boat title or registration" for the purposes of clarity.

These sections are adopted pursuant to Texas Government Code, <*>411.004(3), whichauthorizes the Public Safety Commission to adopt rules considered necessary for carrying out the

Defendant’s Exhibit #O22

TX 00005063DE-000114


department’s work; and Texas Transportation Code, Chapter 521A, which authorizes thedepartment to issue no-cost election identification certificate to eligible applicants.

<*>15.181. Eligibility for Election Identification Certificate.

(a) An applicant must be at least 17 years and 10 months of age in order to apply for an electionidentification certificate.

(b) An applicant must affirm that the person is obtaining the certificate for the purpose ofsatisfying Election Code, <*>63.001(b) and does not have another form of identificationdescribed by Election Code, <*>63.0101.

(c) An applicant must:

(1) Be a.registered voter in this state and present a voter registration card issued to the individual;or

(2) Be eligible for voter registration under Election Code, <*>13.001 and submit an applicationfor voter registration.

(d) An applicant who has been issued any of the following documents is not eligible to receivean election identification certificate:

(1) A driver license, election identification certificate, or personal identification certificate issuedby the department that has not expired or that expired no earlier than 60 days before the date ofapplication;

(2) A United States military identification card that contains the person’s photograph that has notexpired or that expired no earlier than 60 days before the date of application;

(3) A United .States citizenship certificate issued to the person that contains the person’s "photograph;

(4) A United States passport issued to the person that has not expired or that expired no earlierthan 60 days before the date of application; or

(5) A license to carry a concealed handgun issued to the person by the department that has notexpired or that expired no earlier than 60 days before the date of application.

<*>15.182. Identification of Applicants.

An applicant for an election identification certificate must provide documents satisfactory to thedepartment. All documents must be verifiable.

(1) An original applicant for an election identification certificate must present:


TX 00005064

DE-000115


(A) One piece of primary identification;

(’B) Two pieces of secondary identification; or

(C) One piece of secondary identification plus two pieces of supporting identification.

(2) Primary Identification. A Texas driver license or personal identification card issued to theperson that has been expired for 60 days and is within two years of expiration date may bepresented as primary identification.

(3) Secondary identification. These items are recorded governmental documents (United States,one of the 50 states, a United States territory, or District of Columbia):

(A) Original or certified copy of a birth certificate issued by the appropriate State Bureau of VitalStatistics or equivalent agency;

(B) Original or certified copy of United States Department of State Certification of Birth (issuedto United States citizens born abroad); or

(C) Original or certified copy of court order with name and date of birth (DOB) indicating anofficial change of name and/or gender.

(19) U.S. citizenship or naturalization papers without identifiable photo

(4) Supporting identification. The following items consist of other records or documents that aidexamining personnel in establishing the identity of the applicant:

(A) voter registration card;

(B) school records;

(C) insurance policy (at least two years old);

(D) Texas vehicle or boat title or registration;

(E) military records;

(F) unexpired military dependant identification card;

(G) original or certified copy of marriage license or divorce decree;

(H) Social Security card;

(I) pilot’s license;


TX 00005065

DE-000116


(J) unexpired photo DL or photo ID issued by another (United States) state, U.S. territory, theDistrict of Columbia;

(K) expired photo DL or photo ID issued by another (United States) state, U.S. territory, or theDistrict of Columbia that is within two years of the expiration date;

(L) an offender identification card or similar form of identification issued by the TexasDepartment of Criminal Justice;

(M) forms W-2 or 1099;

(N) Numident record from the Social Security Administration;

(O) expired Texas driver license or personal identification certificate (expired more than twoyears);

(P) professional license issued by’Texas state agency;

(Q) identification card issued by government agency;

(R) parole or mandatory release certificate issued by the Texas Department of Criminal Justice;

(S) federal inmate identification card;

(T) federal parole or release certificate;

(U) Medicare or Medicaid card;

(V) Selective Service card;

(W) immunization records ;

(X) tribal membership card from federally recognized tribe;

(Y) Certificate of Degree of Indian Blood;

(Z) Veteran’s Administration card;

(AA) hgspital issued birth record; or

(BB) any document that may be added to <*>15.24 of this title (relating to Identification ofApplicants) other than those issued to persons who are not citizens of the U.S.

<*> 15.183. Application Requirements.

(a) An application for an election identification certificate must include:


TX 00005066

DE-000117


(1) the applicant’s full name:

(A) A married woman may use her maiden name or she may adopt the surname of her husbandor the surname of a previous husband. No name will be used that has not been documented.Middle names will not be substituted for f’trst names. Three full names will be used, unless theapplicant does not have three names, including the maiden name. This section applies to bothsexes.

(i) When change of name occurs because of marriage, divorce, armulment, or death of spouse,the certificate holder may choose to keep her current married name, revert to her maiden name,or adopt a previous husband’s surname. Name changes for reasons other than those set out aboverequire a court order verifying such change.

(ii) Certificate holders who request a name change may apply for a duplicate and exercise thesame privilege in name selection as an original applicant. "

(B) Foreign language names will be spelled out as they appear on the identification documentspresented. English versions of names will not be substituted for the actual name.

(C) Ecclesiastical names such as Brother Thomas, Sister Mary, or Father Kelly are not used.

(2) the applicant’s place and date of birth;

(3) the fingerprints of the applicant; this does not apply to an applicant who is permitted andutilizes an alternative method for renewing or duplicating an election identification certificate;

(4) a photograph of the applicant;

(5) the signature of the applicant; the applicant’s usual signature, in ink, is required on allapplications for an election identification certificate:

(A) The primary purpose of the signature is to identify the applicant and verify the informationgiven on the application.

(B) If an applicant cannot write his name, he may make his "mark." This is usually a cross in theplace of his signature followed by the applicant’s printed name. The Driver License fieldemployee shall sign under the applicant’s "mark" showing who printed the applicant’s name.

(6) a brief description of the applicant;

(7) the sex of the applicant;

(8) the residence address of the applicant;

(9) whether the applicant is a citizen of the United States; and


TX 00005067DE-O00118


(10) the county of residence of the applicant.

(b) Social Security number. Applicants for an election identification certificate will be asked toprovide verification of Social Security number documentation. If the applicant fails or refuses toprovide that social security information, the election identification certificate will be issuedwithout such documentation unless state or federal statute requires otherwise. Acceptabledocuments to provide verification of Social Security number are listed in <*>15.42 of this title(relating to Social Security Number).

(c) Notarizations. The applicant must verify original election identification certificateapplications before a person authorized to administer oaths. The following officials mayadminister such oaths or affirmations:

(1) within the State of Texas:

(A) a judge, clerk, or commissioner of any court of record;

(B) a notary public;

(C) a justice of the peace;

(D) authorized employees of the Department of Public Safety;

(2) general:

(A) in the absence of evidence to the contrary, it is presumed that all notarizations are legallymade;

(B) the omission of the seal by officers normally required to use same for notarization invalidatesthe oath;

(C) notarized election identification certificate applications must be dated not more than sixmonths prior to date of application.

<*> 15.184. Expiration, Renewal, and Replacement of Election Identification Certificate.

(a) Expiration.

(1) An Election Identification Certificate expires on the first birthday of the cardholder occurringafter the sixth anniversary of the date of the application.

(2) An Election Identification Certificate issued to a person 70 years of age or older does notexpire.

(b) Renewal.


TX 00005068

DE-000119


(1) An applicant for renewal of an election identification certificate must present evidence ofeligibility, under <*>15.181 of this title (relating to Eligibility for Election IdentificationCertificate) plus one other piece of personal identification if the election identification certificateis not presented, if necessary to identify the applicant, prior to renewal.

(2) An election identification certificate may be renewed 12 months before expiration date.Earlier renewals will be accepted for good cause.

(3) The d~partment may provide certificate holders with alternate methods of renewing orduplicating an election identification certificate.

(c) Applications for Replacements and Corrections. An application for replacement will beaccepted in any of the following cases:

(1) when an election identification certificate has been lost, destroyed, marred, or mutilated;

(2) when there has been a change of name and/or gender.

<*>15.185. Cancellation and Surrender.

The department may cancel and require surrender of an election identification certificate uponconfirmation that the certificate was issued to a person not entitled thereto.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found tobe within the agency’s legal authority tO adopt.

Filed with the Office of the Secretary of State on November 18, 2011.

D. Phillip AdkinsGeneral CounselTexas Department of Public Safety


TX 00005069

DE-000120


DL-14C (Dec 2011)

APPLICATION FOR TEXAS ELECTION CERTIFICATEFOR ELECTION PURPOSES ONLY; CANNOT BE USED AS AN IDENTIFICATION CARD

NOTICE: All information on this application must be completed in INK.

APPLICANT INFORMATION CONTACT INFORMATIONLAST NAME: HOME PHONE:

FIRST NAME: OTHER PHONE:

MIDDLE NAME: EMAIL:

SUFFIX:

MAIDEN NAME: ADDRESS INFORMATIONRESIDENCE ADDRESS:

DATE OF BIRTH (mm/dd/yyyy):

SSN: -

SEX: (Circle One) Male

EYE COLOR:

RACE:HEIGHT: ft. in.

WEIGHT: Ibs.

FOR DEPARTMENT USEONLY

ASSIGNED #

Female

HAIR COLOR:

CITY:

ZIP CODE:

MAILING ADDRESS:

COUNTY:

STATE:

CITY: STATE:UNITED STATES CITIZEN: yes no ZIP CODE:

If you are not a US citizen, you are not eligible for an Election Certificate

PLACE OF BIRTH: CITY: COUNTY:

FATHER’S LAST NAME:

INFORMATIONYES NO

1. I-I I-1I-I 0I-I I-I

COUNTY:

REQUIRED FROM ALL APPLICANTS:

STATE:

MOTHER’S MAIDEN NAME:

COUNTRY:

Are you presenting a voter registration card today?

If not, are you registering to vote?Do you have a Texas driver license or learner license (unexpired, or expired for no more than 60 days)?Do you have a Texas identification card (unexpired, or expired for no more than 60 days)?

Do you have a Texas concealed handgun license (unexpired, or expired for no more than 60 days)?Do you have a US passport (unexpired, or expired for no more than 60 days)?Do you have a US citizenship certificate that contains your photograph?Do you have a US military identification card that contains your photoRraph (unexpired, or expired for no m.ore than 60 days)?

If answering "yes" to questions 3 through 8, you are not eligible to receive a Texas Election Certificate.

CERTIFICATIONI do solemnly swear, affirm, or certify that I am the person named herein and that the statements on this application are true and correct.

Sworn to and subscribed before me thisVERIFICATION

Date:

__ day of , __

Notary Public in and for the State of Texas or Authorized Officer

FRONT


TX 00005070

# DE-000121


DL-14C (Dec 2011)

Who IS eligible to apply for a Texas Election Certificate?

The department shall issue an election certificate upon request to persons who do not have one of the forms of acceptable photoidentification listed above, and are:

o A registered voter in Texas and present a valid voter registration, or are eligible to vote and submit a voter registrationapplication to the Department.

o A United States citizen.o Aresident of Texas.o At least 17 years and 10 months of age.

Who is NOT eligible to apply for a Texas Election Certificate?

Any persons issued one of the following documents are not eligible for an election certificate:o Texas driver license (includes occupational license with photograph) - unexpired, or expired less than 60 days.o Texas identification card - unexpired, or expired less than 60 days.o Texas concealed handgun license - unexpired, or expired less than 60 days.o United States military identification card containing the person’s photograph.o United States passport - unexpired, or expired less than 60 days.o United States citizenship certificate containing the person’s photograph.o Persons who are not United States citizens (i.e. permanent residents, asylees, refugees or temporary visitors).

Section

O

O

O

$21A of the Texas Transportation Code states that:

An election certificate may not be used or accepted as a personal identification certificate.The department may not collect a fee for an election certificate or a duplicateelection certificate issued under thissection.The department m-~y require each applicant for an original or renewal election certificate to furnish to the departmentproof of identification and US citizenship.The department may cancel and require surrender of an election certificate after determining that the holder was notentitled to, or gave incomplete information in the application for, the election certificate.

SOCIAL SECURITY NUMBER COLLECTION DISCLOSURE

Disclosure of your social security account number is mandatory for driver license applicants, but voluntary for identification card and election certificateapplicants. This information is solicited pursuant to 42 U.S.C 405(c)(2)(C)(i), 42 U.S.C. 666(a)(13)(A); 49 C.F.R. 383.153, Texas Family Code Section 231.302(c)(1)and Texas Transportation Code Sections 522.021 and 521.142. The Department will use social security account number information for identification purposesand will only release the number to the Child Support Enforcement Division of the Attorney General’s Office, the U.S Selective Service Administration and theTexas Secretary of State for statutorily authorized purposes pursuant to Texas Transportation Code Section 521.044.

BACK


TX 00005071

DE-000122


Meeting Minutes

October 6, 2011

Reason for Meeting: Preliminary requirements gathering session for Election Certificate (legislatively

mandated via SB 14)

Attendees: Teresa Vails, Germaine Martinez, Diane Heselmeyer, Margaret Spinks, Lisa Daughtry, Renee

Cardwell, Janie Smith, Bob Myers, Tiffany Stubbings, Becquer Santisteban, Deepa Rajan, Karen Morris

Discussion Topics

1. Project is to be implemented no later than Jan 1, 2012. Nothing can be implemented over theNew Year and Christmas holidays, which means that this project must be implemented over the

weekend of Dec. 19. As the detailed requirements are identified, the team will determine if aphased approach that implements the issuance functionality first is appropriate.

2. There has been some discussion over whether or not to include the Disabled Veteran’s IDandthe Veteran Indicator as a part of this project. Teresa has scheduled a separate meeting to learnmore about these 2 initiatives prior to including them with this project.

3. The Election Certificate (EC) is a new card that will be issued to those persons who need a photoID for voting purposes

a. Person cannot have any other photo ID (DL, passport, military ID, etc.)

b. Person must be at least 17 years 11 months old

c. Person must be a registered voter or state their intention to register to vote inconjunction with the issuance of the EC. The system will need to record which of thesereasons were provided by the person.

d. A person’s ability or inability to pay for an ID card is NOT considered during the cardissuance.

4. DPS does not ’register’ a person to vote. DPS submits the application to register to vote to the

Secretary of State (SOS). This will remain the same. The EC is simply a card for the person touse at the polling place when voting. Election officials (not DPS) will determine whether or not aperson is eligible to vote.

5. Expiration of the card will be 6 years from the person’s birthday. Cards for persons over 70years old will not expire.

6. The card can be cancelled. There will be a letter sent to the holder when a card is cancelled.7. The card can be renewed, but no renewal notices will be mailed.8. The applicant for the EC must provide proof of identity. The documents that will be accepted

are a subset of the documents currently accepted and listed within DLS. Janie will provide thelist to the team once approved by upper management.

9. If the person is found in DLS with an active DPS issued card (ID, DL, CDL) they are not eligible for

the EC. A person can have UNL and be issued an EC, but we need to maintain only 1 person

record.


TX 00005110

DE-000123


¯ 10. The card number that is assigned will follow the same format as our existing numbers. Is there aneed to readily identify an EC by the numbering format (i.e., do all cards need to start with thesame digit)? Janie will investigate.

11. The information will be entered into the system from a paper form that was filled out by the

applicant. This form is currently being designed. Will it include the Organ Donor field? Reneewill provide a sample when available.

12. Because the information collected is different than what is currently collected for any other

issuance transaction, DLD envisions a new data collection screen (UI change). Renee willprovide a mockup when available.

13. The persons photo, fingerprints, and signature will be captured. The image will be enrolled.

14. There will be no warrant check, no PDPS, no SSOLV - there will be no external interfaces duringthe issuance process.

15. Though no fee will be collected, the fee collection screen will be shown. A receipt will beprinted. The receipt will be soft scanned. Renee will provide a sample when available.

16. A Temporary Election Certificate will be printed. Renee will provide a sample when available.17. A new transaction will be created. This transaction must display in the transaction history.18. The card status must be available by IVR and TOL online link (Margaret to verify). Vendor

contract with TOL will need to be changed.

19. Must be able to perform Duplicate, Renewals, and Remake Cards.20. There will be no Modify Card or Correction No Fee (CNF).

21. A new SLA for TOL will be needed for them to perform a no fee transaction.22. Address changes will be made via TOL and in-person. Do we issue a new card? Janie will verify.23. Need to be excluded from all searches, including TLETS.24. There will be no convictions, EA, accidents, or tasks associated with persons holding only an EC.25. The interface to L1 (card production vendor) will change. Teresa will schedule a separate

meeting with L1.

26. There are no changes to the FIS (mailing services vendor) process.27. We need to delve into the card, admin, and record statuses that may or may not be associated

with the EC. This will be a topic for our next meeting.

28. There will be at least I new report; some existing reports may need modifications to include thenew card.

29. Can the EC be converted into an ID or DL? What if the person has a suspended license? Janie willresearch.

Action Items

Janie Smith

¯ Provide the list of acceptable ID documents to the team once approved by upper management.

¯ Verify that address changes will be made by TOL and find out whether or not a new card will be

issued when the address is changed

¯ Determine whether or not an EC can be converted to an ID or DL and whether or not a

suspended license counts as an existing photo ID


TX 00005111

DE-000124


¯ Is there a need to readily identify an EC by the numbering format (i.e., do all cards need to start

with the same digit)?

Teresa Vails

¯ Schedule a separate meeting with L1¯ Schedule a meeting to discuss inclusion of veteran related initiates (DONE)

Renee Cardwell

Provide mockups/samples of:

o Paper form that will be filled out by the customer to collect their information during theissuance process

o Proposed data collection screen

o Proposed new receipt

o Proposed temporary EC

Margaret Spinks

Confirm that TOL and IVR will be used by the customer to track the status of their card


TX 00005112

DE-000125


Hinesle}& Barbara


Davio, RebeccaTuesday, October 11,2011 11:18 AMSmith, Janie; Mastracchio, JoeAnnaTerry, MichaelRe: Election ID Certificate Change Of Address Issue

We need to tell Amanda about the mis-info ASAP. She may want to make a courtesy call to HArless’ office.

I would prefer to allow online renewals.

From: Smith, .]anieSent: Tuesday, October 11, 2011 10:14 AMTo: Davio, Rebecca; Nastracchio, ]oeAnnaSubject: RE: Election ID Certificate Change Of Address Issue

I didn’t mean to imply that we would only allow online renewals (even though that is what I wrote) - we need to makerenewals available in person and online. Allowing online address changes is the concern from IT because that systemcurrently automatically generates a card currently and to change that process will require significant time andprogramming. The real question on that part is whether we should allow any online address change.

An additional concern is about allowing online renewals at all, since that will open the photos up to being searched.I think the concern about having those photos available is because we are not doing warrant and similar searches, so itdidn’t seem logical to have the photos out there for other entities to search. Some of the comments in the meetingsurrounded privacy type concerns. I didn’t hear an anything that would have convinced me that they shouldn’t beavailable. We may get comments that legitimize the concerns, but for now, I’m okay with allowing these photos to behandled in the same way as DL/ID photo, which will allow online renewals to proceed in the same manner as what wedo for DL/IDs.

The military ID was not included on the chart- I added it.

For your info: There is some major misinformation being shared with the media by legislators. I have heard throughRebecca that Congressman Gonzalez said over 65 (or 70) were exempt from showing ID. I got a newsletter from my staterep that stated persons over 70 were exempt and Patricia Harless, the House sponsor of SB14, said it to the Statesman -people over 70 are exempt from the ID requirement.I spoke with Elizabeth Winn an SOS and she and I went through the bill (again} and that exemption did not make it intothe final version - it was in the engrossed version, but not the enrolled. This could create some real nightmares as wemove forward.

Thanks,

Janie Smith, Policy CoordinatorDriver License Division512.424.2976 office

From: Davio, RebeccaSent: Tuesday, October 11, 2011 12:14 AMTo: Smith, ]anie; Hastracchio, ]oeAnnaSubject: Re: Election ID Certificate Change Of Address Issue

1


TX 00005121

DE-000126


My thoughts:

-i don’t think we can require people to renew online (I can hear the outcrys already!), unless, when they came into theoffice we went online and renewed them and it was totally transparent to them. (That may be A stretch but I’m trying tobe flexible.)

- it would be so nice if we could treat photos from any source the same. I’m really thinking that criminals aren’t l~oing tobe worried about voting and so we shouldn’t worry overly much if a picture of someone who renewed online got to aplace where some one could look at it. Am I missing a risk?

- I didn’t see military I’d on the list but I’m not sure I saw it all on my BB

Thanks for working so hard on this

From: Smith, ]anieSent: Monday, October 10, 2011 05:55 PMTo: Davio, Rebecca; Mastracchio, ]oeAnnaSubject: Election ID Certificate Change Of Address Issue

As you know, I am part of the working group with IT to develop the requirements for the EIC. We still have someunresolved issues relating to address changes that need management input.

In the DL meetings, we discussed allowing EIC holders to change their address online for the record, but a new cardwould not be produced. IT is concerned that this will be a major programming headache. Currently, if a change isrequested online, the system automatically produces a new card. To change that situation for the EIC will requiresignificant p.rogramming. The suggestion is that we only allow renewals online. If someone wants to change theiraddress, they will have to do so when renewing (online or in person) or if they require a replacement because the cardwas lost or stolen (in person).In the past, we discussed an option for persons who are ineligible and cannot make changes to their cards but need toupdate their address. We would have an address change form available in the DL office and could update it in DLS but acard wouldn’t have to be produced. Whereas, with online changes, that system automatically generates a new card.

Here is another issue for consideration:Should these images be available for retrieval.by the Fusion Center, IVS, TOL??If we allow online renewals the photos will be in the TOS (not sure if that is the right acronym) file and available forquery by entities with contracts to search the photos.

Rebecca, I have attached the document list for your review. If you are comfortable with this (I will delete thedocuments that are crossed through), I need to get it to IT and will start working on an FAQ that can be combined with

the list.

Thanks for your consideration of these issue and I would appreciate your thoughts and input. I have a meeting with thework I~roup tomorrow morninl~ and will keep pushing information to you as we move forward.

Janie Smith, Policy CoordinatorDriver License DivisionTX Department of Public Safety512.424.2976 office


TX 00005122DE-000127


Driver Licenses

Bill: SB14Companion:Author:

Version: CCR: Conference Committee Report

DIVISION SME & CONTACT INFO I Name:

Phone:

Email:

Janie Smith

x2976

[email protected]

Does this bill contain a priority of the Department or the Public Safety Commission? If Yes, pleaselist the priority.

No

Does this bill relate to the DPS goals of: combat terrorism, enhance public safety, disaster responseand recovery or provide world class services? If Yes, which {~oal does it relate to and how?

Yes lWorld Class Service - The Enrolled veFsion requiFes a new Election Identification to be issued at no cost,separate from the current Personal Identification Certificate. As with otheF versions of this bill, this could affectlines at wait times at DL offices, paFticulaFly surrounding major voting times like a Presidential election.

Who have you spoken with about this bill? (For example, legislative office, other state agencies,your supervisor, external organizations.) Please be specific: name of who you spoke with; theircontact information; and details discussed. **Update as needed.

Rebecca Davio, DLD AD, rel~arding the new Election ID card that was never discussed or included in anyprevious versions of the bill.

IDoes this bill create or expand a penalty? If Yes, please list the new or enhanced penalty. INo

Does this bill repeal any current state statute?repealed.

Yes INot as it relates to DLElection Code 63,007 and 63,008 are repealed.

If Yes, please list the citation of statute that is to be

Does this bill create or expand a fee or fine? If Yes, which one and what is the fiscal impact per fiscalyear for FY11 - FY16. Show the current fee, new fee and frequency of collection by fiscal year.

Yes


TX 00005126

DE-000128


The Enrolled version requires DPS to issue a no cost Election ID card. The CCR requires that the new card be adifferent color than a D//ID but otherwise look similar.Production and mailing cost for a card is ~!.67. We do not know the number of cards that will be issued, butDPS will bear the cost of the card production.

Does this bill require DPS to create, update, or modify any policies, procedures, reports,administrative rules, etc., including the General Manual, publications, reports to the Legislature,executive branch or task forces? If Yes, what policy or report is it and what is the fiscal impact perfiscal year for FYll - FY16. List the cost of each new or revised manual, publication, report, etc. byfiscal year. Estimate the number of additional work hours needed to accomodate the new or revisedproduct.

Yes ~Since the Enrolled version requires a new card to be issued, this will require additional training for customeroperations staff on the issuance of a new card. The following training requirements were provided for theoriginal bill, which required issuance of a free Personal ID for persons meeting the requirements to obtain suchfor voting.*Trainin{~

SO hours of preparation time for one DI.D employee to create the training module2534 employees to be trained in a two-three-hour session - training can be done at the workplace, so no

need for travel or out of office timeCost to produce training materials- 53481.70

*Manual revisions to update issuance procedures- 3 hours*Website update - 2 hoursThese updates will be done utilizing existing employees.We anticipate that the manual revisions and website updates will take an additional time -Manual revisions for new card issuance - 10 hoursWebsite update - 3 hours

The Enrolled version states that DPS can cancel the Election ID for persons who obtained it but were notactually eligible to vote or if the person provided inaccurate information. This will require the Enforcement andCompliance to develop cancellation procedures and train employees on those procedures. It is not anticipatedthat this will be a large number of people so will not require additional FTEs and can be done with existingpersonnel.

L-1 has stated that the cost of designing a new card to meet these requirements - $100,000

Is there a fiscal impact to the Department program or division? Please be specific about the numberof FTE’s needed, administrative costs, program costs, etc. List the state classified titles, the startdates for those positions, and the number of such classified titles for each fiscal year from FYll -FY16. Show how many positions will be stationed at headquarters versus field offices. For a full listof all classified titles go to: http://sao.hr.state.tx.us/’Compensation/index.html. Specify how much isneeded for travel and training for each position by fiscal year.

Yes


TX 00005127

DE-000129


10.

11.

Required Programming:*Programming would be needed to allow an original or renewal election identification certificate.*Programming to the Driver License System would be needed to add an additional Correction - No Fee reason(Register to vote) to be added to the list of CNF reasons listed in Air Flow 7 of UCS Collect Fee,*Updated: Programming would be needed to add a new enforcement action code (see Review item #27132).Use Cases Effected:UCS Collect FeeIssuanceSubmit Enforcement ActionTOL

What is the justification for the cost estimate? Explain the methodology for your cost estimate.

DLS programmingTraining - actual cost for materials

What is the effective date of this bill?01/01/2012 1

Is there anything else that Executive Management needs to know about this bill? (For example, wasit previously filed? Was it previously passed and subsequently vetoed? Does the bill codify a currentrule or practice of the Department or Commission?)

The Enrolled version will cost significantly more money to implement due to the requirement of creating a new |Election ID card. J

Reviewed byOGR~

I Date: Date:

Reviewed by AD:

Please select AD


TX 00005128

DE-000130


SB14 Conference Committee ReportDriver License Divisionoslo9111

This version of SB14 is significantly different from all previous versions as it relates to DLD. This versionadds TRC 521A requiring DPS to issue an Election Identification Certificate, which is to be similar to aDL/ID but distinguishable by color, free of charge to persons who state they need it only for voter IDpurposes.

Section 20. Adds TRC 521_A relating to Election Identification Certificates:Requires DPS to issue an Election ID to a person who is obtaining the certificate to satisfy voterID requirements in Election Code 63.001(b) and does not have another acceptable form of ID.

o The applicant must present a valid voter registration certificate or registrationapplication.

¯ The department may not collect a fee for an original or duplicate Election ID.¯ The Election ID may not be used or accepted as a personal ID.¯ The appearance must be similar to but distinguishable in color from a DL/ID.¯ DPS and SOS may work together to develop the form and appearance of an Election ID.¯ Authorizes DPS to require applicants to meet requirements in TRC 521.242 for DL applicants.¯ Authorizes DPS to cancel and require surrender of an Election ID if it is determined that the

person was not entitled to it or provided false information in order to receive it.¯ Establishes that an Election ID expires on a date specified by DPS.

o An Election ID issued to a person 70 years of age or older does not expire

The conference committee has gone outside the bounds of the original legislation. The rules are suchthat the presiding officer can make the final determination on these provisions.

DPS Comments:This bill eliminates the required issuance of a no-fee Identification Certificate, but replaces it with a newElection Identification Certificate.

¯ Design of a new Election ID will cost $100,000 per L-1. This will include a different colorcardstock, which is one of the requirements of the legislation.

¯ There are no appropriations to pay the cost of issuance and production of the new Election ID.This will still cause a negative impact to DPS of S1.67 per card issued.

¯ Fund 006 funds driver license operations and there is a requirement that this money is to beused for highway safety purposes. There is concern that the cost of these cards is in violation ofthe allowable use of these funds.

¯ DLS programming requirements will increase with the creation of a new card. It will also requirea new interface with L-1 for card production.

¯ This new document eliminates the S15/card negative impact to the mobility fund for PersonalIdentification Certificates.

¯ The bill states that a person cannot already have another form of acceptable ID to satisfyElection Code 63.001(b), so the number of people requesting the Election ID should be fairlylow.


TX 00005129

DE-000131


COST TO IMPLEMENT SB 14qty/hours unit cost total

1560 ~ 130.00 S 202,800.00400 S 130.00 S 52,000.00

3 S 25,132.00 $ 75,396.00

1 ~ 117,000.00 $ 117,000.00I S 3,481.70 S 3,481.70

57834 S 0.60 ~ 34,700.4057834 ~ 0.46 ~ 26,603.64

S 511,981.74

POTENTIAL REVENUE LOSS46846 S 15.0010988 ~ 5.00

702,690.0054,940.00

757,630.00

Implementation costs include modificationdevelopment of a new Voter ID card. (see rmay be incurred by the Secretary of States

It is unlikely that someone will forfeit a Tex

to surrender an existinl~ Texas ID for the froother than the votinl~ process, there is no va revenue loss to the mobility fund. Basedfor a Texas Identification Card rel~ister to westimates tab}.


TX 00005147

DE-000132


DLS Application modification (requirements, design, development, OA, UAT)PMO project ManagerCustomer Service Representative’s IT Contact CenterL1 Application modification (Image Capture, Image Verification, production file modificationand new card design)Training development and materialscard costcard processing (processing, supplies and postage)TOTAL COST

Based on 13% of current ID card applicants registering to vote (81% 18-64 yoa)Based on 13% of current ID card applicants registering to vote (19% 65 + yoa)POTENTIAL LOSS

s to the Driver License System, Image Capture System, Imal~e Verification System andequirements tab for high level description) This estimate does not include any costs thatOffice.

as driver license for a Voter ID; however there is the potential that a customer could choose:e Voter ID. Since the Voter ID will not be an acceptable form of identification for anythingray to accurately calculate the number of customers who will make that choice, resulting inon historical knowledge of the issuance process, approximately 13% of customers applying~te. Using that percentage, an estimated revenue loss has been calculated. (see ID card


TX 00005148

DE-000133


SB 14- Fiscal Note Requirements - High level requirementsDLS Updates Changes:

¯ Create new card type - voter id¯ Create issuance transaction for voter id

o Need new numbering schematic that will be system generated, details will be determined after meetirassume 15-20 d±g±t a]pha/numer±c ~=±eld

o Last Name, First Name, Middle and Suffix (use DLS field requirements)o Date of birth (use DLS field requirements)o Residence Address (use DI.S field requirements)o Mailing Address (use DLS field requirements)o Voter registration fields (existing in DLS)o Citizenship (yes or no - if no stop issuance transaction)o Must meet identity requirements (existing in DLS)o No fee processingo Real time query to Crime Records to determine if applicant is eligible based on criminal history.

(NEED INPUT FROM LAW ENFORCEMENT SUPPORT)o If return from criminal history is not eligible, stop issuance transaction.

Modify ICS program - capture portrait and signature only - L1Portrait image will be enrolled in IVS following same criteria as dl/idCreate new card production file (DLS to L1) (NEED INPUT FROM L1)

o Contain voter id cards onlyo Provide mag stripe and 2D barcode data

Create new card - L1o Potentially use white teslino Portrait layouto Header text and color different from all dl/id card typeso Data displayed

¯Last, first, middle name and suffix¯ Residence address¯Date of birth¯Voter id number¯Portrait¯Sil~nature

Create new post production file (from L1 to DLS) (NEED INPUT FROM LI)o Populate post production information into card production table

Modify create voter registration extract file to include new applications from voter id transactionCreate new interface that will allow Secretary of State to provide cancellation information (NEED INPUT FRO!Create new interface that will allow realtime validation of existing voter registrations (NEED INPUT FROM SO~Modify create file for validating address (FIS mail file) to include voter id information.


TX 00005149

DE-000234


with SOS -

~ sos)s)


TX 00005150

DE-000135


Voter ID Cost Estimates

# of ID’s issued in 2010

% of ID holders under 18 yoa/Temp Vis

# of ID’s issued less ID holders under 18 yoa/Temp Vis

13% of ID holders who expressed interest in registering to vote

% of ID holders over 65 yoa

Maximum revenue loss to Mobility Fund if all eligible ID holders elected to get a free ID*444,879 x 81% = 360,352 x$15 =(over 65 yoa) 19% = 10,989 x

Total

S5,405,280

S54,945

$5,460,225

Minimum loss to Mobility Fund if only the current 13% of ID holders who registered to voteat time of application elected to get a free ID

57,834 x 81%= 46,846 x $15 = ~702,683

(over 65 yoa) 57,834 x 19%= $54,94510,989 x $5 =Total $757,628

Impact to DPS’ budget$1.67 = DPS’ cost to produceand mail ID card

MAX--444,879 x $1.67 =MIN--57,843 x S1.67 =

S742,948$96,583

This maximum is mitigated if free IDs are issued to customers who don’t already have identification sL


TX 00005151

DE-000136


473,275

-6% or28,396

444,879

57,834

19% or89,922

Jitable to meet the 63.0101 (Election Code) requirements


TX 00005152

DE-000137


SB 14 - ENR.xlsx

Bill:Companion:Author:Version:

Driver LicensesSB14

ENR: Enrolled as Finally Passed

IDIVISION SME & CONTACT INFO I Name: Janie SmithPhone: x2976~il’-’. "-- [email protected]

Does this bill contain a priority of the Department or the Public Safety Commission? If Yes,)lease list the priority.

No

Does this bill relate to the DPS goals of: combat terrorism, enhance public safety, disasterresponse and recovery or provide world class services? If Yes, which goal does it relate to and

how?

Yes !World Class Service - The Enrolled version requires a new Election Identification to be issued at no Cost,separate from the current Persc~nal Identification Certificate. As with other versions of this bill, this couldaffect lines at wait times at DL offices, particularly surrounding major voting times like a Presidentialelection.

Printed: 9:43 AM 3/28/2012


TX 00005187

DE-000138


SB 14 - ENR.xlsx

~Who have you spoken with about this bill? (For example, legislative office, other stateagencies, your supervisor, external organizations.) Please be specific: name of who you spokewith; their contact information; and details discussed. **Update as needed.

Rebecca Davio, DLD AD, regarding the new Election ID card that was never discussed or included in any~revious versions of the bill.

Does this bill create or expand a penalty? If Yes, please list the new or enhanced penalty.

No

Printed: 9:43 AM 3/28/2012


TX 00005188

DE-000139


SB 14 - ENR.xlsx

Does this bill repeal any current state statute? If Yes, please list the citation of statute that isto be repealed.

Yes

Not as it relates to DLElection Code 63.007 and 63.008 are repealed.

Does this bill create or expand a fee or fine? If Yes, which one and what is the fiscal impactper fiscal year for FY11 - F¥16. Show the current fee, new fee and frequency of collection byfiscal year.

Yes [The Enrolled version requires DPS to issue a no cost Election ID card. The CCR requires that the new card

be a different color than a DL/ID but otherwise look similar.Production and mailing cost for a card is $1.67. We do not know the number of cards that will be issued,but DPS will bear the cost of the card production.

Does this bill require DPS to create, update, or modify any policies, procedures, reports,administrative rules, etc., including the General Manual, publications, reports to theLegislature, executive branch or task forces? If Yes, what policy or report is it and what is thefiscal impact per fiscal year for FY21 - FY26. List the cost of each new or revised manual,publication, report, etc. by fiscal year. Estimate the number of additional work hours neededto accomodate the new or revised product.

Yes ISince the Enrolled version requires a new card to be issued, this will require additional training for

:ustomer operations staff on the issuance of a new card. The following training requirements were

}Fovided for the original bill, which required issuance of a free Personal ID for persons meeting therequirements to obtain such for voting.

*Training

50 hours of preparation time for one DLD employee to create the training module

1534 employees to be trained in a two-three-hour session - training can be done at the workplace, so

no need for travel or out of office time

Cost to produce training materials- $3481.70*Manual revisions to update issuance procedures - 3 hOUrS

Printed: 9:43 AM 3/28/2012


TX 00005189

DE-000140


SB 14 - ENR.xlsx

Is there a fiscal impact to the Department program or division? Please be specific about thenumber of FTE’s needed, administrative costs, program costs, etc. List the state classifiedtitles, the start dates for those positions, and the number of such classified titles for each fiscalyear from FYll - FY16. Show how many positions will be stationed at headquarters versusfield offices. For a full list of all classified titles go to:http://sao.hr.state.tx.us/Compensation/index.html. Specify how much is needed for traveland training for each position by fiscal year.

Yes IRequired Programming:*Programming would be needed to allow an original or renewal election identification certificate.*Programming to the Driver License System would be needed to add an additional Correction - No Feereason (Register to vote) to be added to the list of CNF reasons listed in AIt Flow 7 of UCS Collect Fee.*Updated: Programming would be needed to add a new enforcement action code (see Review item

#27132).Use Cases Effected:UCS Collect FeeIssuanceSubmit Enforcement ActionTOL

Printed: 9:43 AM 3/28/2012


TX 00005190

DE-000141


SB 14- ENR.xlsx

10.

11.

What is the justification for the cost estimate? Explain the methodology for your cost:stimate.

DLS programmingTraining - actual cost for materials

What is the effective date of this bill?01/01/2012 ~

Is there anything else that Executive Management needs to know about this bill? (Forexample, was it previously filed? Was it previously passed and subsequently vetoed? Doesthe bill codify a current rule or practice of the Department or Commission?)

The Enrolled version will cost significantly more money to implement due to the requirement of creating anew Election ID card.

Reviewed by AD:Please select AD

Date:

IReviewed by OGR: II Date:

Printed: 9:43 AM 3/28/2012


TX 00005191

# DE-000142


Privileged


TX 0000519DE-000143


Privileged


TX 0000519DS-000144


Pri~iileged


TX 00005194DE-000145


SB 14 - HCS.xlsx

Bill:Companion:Author:Version: HCS:

Driver LicensesSB14

Several similarFraser

House Committee Subsitute

IDIVlSION SME & CONTACT INFO Name: Janie SmithPhone: x2976Emaih [email protected]


No [

Does this bill relate to the DPS F~oals of: combat terrorism, enhance public safety, disasterresponse and recovery or provide world class services? If Yes, which I~oal does it relate to andhow?

Yes ]world class service. This bill requires DPS to issue a no-fee ID to persons who states they are gettinl~ the ID

for voter identification. This could add to the customer base in DL offices increasinl~ wait times for allcustomers and increase the transaction time for IDs issued under this provision, since it requires additionaldialol~ with the customer at the time of the transaction.

Printed: 9:39 AM 3/28/2012


TX 00005197

DE-000146


SB 14 - HCS.xlsx

o

Who have you spoken with about this bill? (For example, legislative office, other stateagencies, your supervisor, external organizations.) Please be specific: name of who you spokewith; their contact information; and details discussed. **Update as needed.

N/A for HCS version

Does this bill create or expand a penalty? If Yes, please list the new or enhanced penalty.Yes IYes, Election Code 64.012(b) raises from third to second degree felony conviction for illegal voting.Conviction of an attempt to vote illegally is raised from class a misdemeanor to state jail felony. These

sections do not affect DLD.

Printed: 9:39 AM 3/28/2012


TX 00005198

DE-000147


SB 14- HCS.xlsx

Does this bill repeal any current state statute? If Yes, please list the citation of statute that is

to be repealed.

Yes ]Election Code Sections 63.007 and 63.008 are repealed. These sections have no impact on DLD.

Does this bill create or expand a fee or fine? If Yes, which one and what is the fiscal impact perfiscal year for FY11 - FY16. Show the current fee, new fee and frequency of collection by fiscalyear.

NA ISection 18 amends TRC 521.422 to eliminate the issuance fee for an ID for a person who states they wantan ID only to satisfy Section 63.001(b), Election Code, and is a registered voter presenting a valid voterregistration or registering to vote at the time of application. Current ID cost-$15 for a six year ID for)ersons under 60 years of age and $5 for an indefinite expiration ID for persons over 60 years of age.Impact:$15/card issued loss to mobility fundS1.67/card issued impact to DPS will not be recovered

Historically approximately 13% of the ID card holders have a ¥ indicator for voter registration. 473,275 IDsDoes this bill require DPS to create, update, or modify any policies, procedures, reports,administrative rules, etc., including the General Manual, publications, reports.to theiLegislature, executive branch or task forces? If Yes, what policy or report is it and what is the

fiscal impact per fiscal year for FYll - FY16. List the cost of each new or revised manual,)ublication, report, etc. by fiscal year. Estimate the number of additional work hours needed

to accomodate the new or revised product.

Yes*Training

50 hours af preparatian time for one DLD employee ta create the traJnJng module2534 emplayees to be trained in a one-hour session - trainin8 can be done at the workplace, so no

need far travel or out of office timeCost to praduce training materials- $3481.70

*Manual revisions to update issuance procedures - 3 hours*Website update - 2 hoursThese updates will be done utilizing existing employees.Engrossed version 02/07/11 - no changes to DLD impact

Printed: 9:39 AM 3/28/2012


TX 00005199

DE-000148


SB 14- HCS.xlsx

Is there a fiscal impact to the Department program or division? Please be specific about thenumber of FTE’s needed, administrative costs, program costs, etc. List the state classifiedtitles, the start dates for those positions, and the number of such classified titles for each fiscalyear from FY11 - FY16. Show how many positions will be stationed at headquarters versusfield offices. For a full list of all classified titles go to:http://sao.hr.state.tx.us/Compensation/index.html. Specify how much is needed for travel~and training for each position by fiscal year.

NAThere will be an unknown revenue loss to the mobility fund. (see #6)¯ Costs to produce the ID cards will not be covered resulting in a negative fiscal impact to the Department.ID card cost $1.67 - card production, mailing supplies, presort and postage. This does not include costsrelated to the mailing machine (lease, maintenance)

** DLS Programming information from DL Tech SolutionsRequired Programming: Programming changes would be required as an additional Correction - No Feereason (Register to vote) would need to be added to the list of CNF reasons listed in Alt Flow 7 of UCSCollect Fee.Use Cases Affected: UCS Collect FeeEngrossed version 02/07/11 - no changes to DLDHCS version 03/09/11 - change in Section 20 states that a person cannot already have an acceptabledocument under Election Code 63. 0101 and obtain a no-cost ID. This will reduce the potential number ofno-cost IDs issued thereby reducing the potential impact to the mobility fund and DPS.

Printed: 9:39 AM 3/28/2012


TX 00005200

DE-000149


SB 14- HCS.xlsx

10.

11.

What is the justification for the cost estimate? Explain the methodology for your costestimate.

Historical information for updates. DLS programming costs are determined by IT.

What is the effective date of this bill? J01/01/12 except Sections 3, 5, 6, 7, 11, 22, and 24

Is there anything else that Executive Management needs to know about this bill? (Forexample, was it previously filed? Was it previously passed and subsequently vetoed? Doesthe bill codify a current rule or practice of the Department or Commission?)

*Numerous other voter ID bills are filed this session. This bill is the vehicle that has moved so far.*This bill is substantially similar to : HB16, HBl12, HB248, HB 539, HB624, HB1412,HB1458, and SB178.*Voter ID bills have been filed in several previous session. In the 81st session, SB362 passed the Senateand stalled in the House due to procedural issues.*Due to DLS programming requirements, it would be preferred that the DPS portion of the bill not beeffective until 0/01/12.

Reviewed by AD:

I Rebecca Dav o

IDate:

Reviewed by OGR:

3/13/20111 IDate:

Printed: 9:39 AM 3/28/2012


TX 00005201

DE-000150


SB 14 - FIL.xlsx

o

Bill:Companion:Author:Version:

DirectorSB 14

Several similar see #11Fraser

FIL: As Filed

IDIVISION SME & CONTACT INFO I Name: Janie SmithPhone: x2976~i~-- anie.smith@txd ps.state.tx.us


No 1

Does this bill relate to the DPS goals of: combat terrorism, enhance public safety, disasterresponse and recovery or provide world class services? If Yes, which goal does it relate to andhow?

Yesworld class service. This bill requires DPS to issue a no-fee ID to persons who states they are getting the IDfor voter identification and does not have another form of identification acceptable under 63.0101,Election Code. This could add to the customer base in DL offices increasing wait times for all customersand increase the transaction time for IDs issued under this provision, since it requires additional dialogwith the customer at the time of the transaction.

Printed: 9:38 AM 3/28/2012


TX 0000520

DE-000151


SB 14 - FIL.xlsx

Who have you spoken with about this bill? (For example, legislative office, other stateagencies, your supervisor, external organizations.) Please be specific: name of who you spokewith; their contact information; and details discussed. ~Update as needed.

NA

Does this bill create or expand a penalty? If Yes, please list the new or enhanced penalty. IYes IYes, Election Code 64.012(b) raises from third to second degree felony conviction for illegal voting.Conviction of an attempt to vote illel~ally is raised from class a misdemeanor to state jail felony. Thesesections do not affect DLD.

Printed: 9:38 AM 3/28/2012


TX 00005203

DE-000152


SB 14 - FIL.xlsx


to be repealed.

Yes ].Election Code Sections 63.007 and 63.008 are repealed. These sections do not affect DLDo

Does this bill create or expand a fee or fine? If Yes, which one and what is the fiscal impact perfiscal year for FYll - FY16. Show the current fee, new fee and frequency of collection by fiscal,ear. iNo ISection 18 amends TRC 521.422 to eliminate the issuance fee for an ID for a person who states they wantan ID only to satisfy Section 63.001(b), Election Code, and is a registered voter presenting a valid voterregistration or registering to vote at the time of application. Current ID cost-515 for a six year ID forpersons under 60 years of al~e and 55 for an indefinite expiration ID for persons over 60 years of al~e.There is not a good way to measure how many people would take advantage of a no fee ID under theparameters of this bill. The number of people requesting it could be from 61,525 (13% of FY10 issuanceslto 473,275 (total number of FY10 issuances). Cost to mobility fund could range from 5922,875 to57,099,125.Historically approximately 13% of the ID card holders have a ¥ indicator for voter registration. There were4,948,595 ID card holders on file in FYIO. 473,275 IDs were issued (original and renewal) in FY10.13% ofthat is 61,525.

Does this bill require DPS to create, update, or modify any policies, procedures, reports,administrative rules, etc., including the General Manual, publications, reports to theLegislature, executive branch or task forces? If Yes, what policy or report is it and what is thefiscal impact per fiscal year for FYll - FY16. List the cost of each new or revised manual,publication, report, etc. by fiscal year. Estimate the number of additional work hours neededto accomodate the new or revised product.

Yes [

Printed: 9:38 AM 3/28/2012


TX 00005204

DE-000153


SB 14 - FIL.xlsx

What is the fiscal impact of this bill to the Department program or division? Please be specificabout the number of FTE’s needed, administrative costs, program costs, etc. List the stateclassified titles, the start dates for those positions, and the number of such classified titles foreach fiscal year from FY11 - FY16. Show how many positions will be stationed at headquartersversus field offices. For a full list of all classified titles go to:http://sao.hr.state.tx.us/Compensation/index.html. Specify how much is needed for traveland training for each position by fiscal year.

IT: Passage of HBl12 could result in additional contacts from DL Field Offices and customers. Based onthe analysis provided by DLD, it is projected that 13% of ID issues from FY2010 would apply for a freeidentification card. Historically, 13% of ID card holders are registered to vote. Therefore, 13% of of IDissues in FY 2010 = 61,525. 61,525/252 working days per year = 244 calls per day. On average, CC Agentscan handle 80 calls per day. 244 calls per day/80 calls per agent = 3 additional FTE’s. FTE’s will need tostart by implementation of this bill, 01/01/2012 and will start as CSR II’s. All FTE’s will be stationed atHeadquarters. No additional costs will be needed for training and travel.

Printed: 9:38 AM 3/28/2012


TX 00005205

DE-000154


SB 14 - FIL.xlsx

10.

11.

What is the iustification for the cost estimate? Explain the methodology for your costestimate.

What is the effective date of this bill? IJanuary 1, 2012 except Sections 1, 3, 4, 5, 9, 20, and 22 take effect September 1, 2011

Is there anything else that Executive Management needs to know about this bill? (Forexample, was it previously filed? Was it previously passed and subsequently veteod? Doesthe bill codify a current rule or practice of the Department or Commission?)

¯ 81st there were five bills filed with the same or substantially similar language regarding the ID. SB362-~laced on major state calendar-did not pass due to procedural delays in the House..80th there were three bills with similar ID language, HB218 passed the House but was not heard on theSenate floor because there were not enough votes to suspend the rule.¯ 79th Two bills filed that contained language regarding IDs included in filed versions but the language wasremoved during committee process. HB2309 passed but the final version did not address IDs.¯ 82nd-7 substantially similar bills are filed to this point- HB16, HBl12, HB248, HB539, HB624, and SB178contain identical language regarding ID’s. HB186 adds the inability to pay and no other acceptable form ofID under 63.0101 Election Code but is otherwise the same. The basics of HB401 are substantially differentthan other voter ID bills filed, but contains the same provisions regarding DPS issuing ID cards to qualifiedpersons.Due to DLS programming requirements, it would be preferred that the DPS portion of the bill not beeffective until 01/01/12.

IFINANCESME & CONTACT INFO I Name:

Phone: i .....Email: ,

12. ID° you agree with the fiscal analysis by the division? Please explain why or why not below.

Printed: 9:38 AM 3/28/2012


TX 0000520

DE-000155


SB 14 - FIL.xlsx

13.

l INFORMATION TECHNOLOGY Name: / .Ch_.a.rl ie .F u I_.g.h a m~-o~." 1424-5155Email: icharhe.fulgham

Does this require a new or upgraded computer system? If Yes, please list the number ofservers, routers, amount of upgrades etc. by fiscal year from FYll - FY16. Do not includepersonal computers or printers. List each item separately and include out-year maintenancecosts from FYll - FY16. Estimate the number of contractor or employee hours required tomaintain these items.

Yes lApps - 300 contracted augmentation staff hours for system analyst, programmer, and DBA (logic anddatabase changes) All in FY2012. Total contractor cost 300 hours X $130 = ~39,000, 3 FTE CustomerService Rep II required for contact center (reference questions 8 and 9 above).

IGENERAL COUNSEL Name:Phone:Email:

iBrian Riemenschneider512-424-7679,brian’riemenschneider@txdps’state’tx’us

14.IDoes this bill create a new private cause of action? If Yes, what is the new cause of action?

Printed: 9:38 AM 3/28/2012


TX 00005207

DE-000156


SB 14- FIL.xlsx

15.

17.

18.

Does this bill conflict with current state or federal law? If Yes, please list the citation of statuteand explain the conflict.No

Does this bill conflict with the state or U.S. Constitution? If Yes, please list the Constitutionalprovision and explain the conflict.

No I

Is there anything else that Executive Management needs to know about this bill? (Forexample, was it previously filed? Was it previously passed and subsequently veteod? Doesthe bill codify a current rule or practice of the Department or Commission?)


Printed: 9:38 AM 3/28/2012


TX 00005208

DE-000157


SB 14- FIL.xlsx

Reviewed by OGR:,

Date:

Printed: 9:38 AM 3/28/201_2


TX 00005209

DE-000158


SB 14 - FIL.xlsx

o

Bill:Companion:Author:Version: ENG:

Driver LicensesSB14

Several similar see #11

FraserEngrossed

IDIVISION SME & CONTACT INFO I Name: Janie SmithPhone: x2976Email: [email protected]

Does this bill contain a priority of the Department or the Public Safety Commission? If Yes,

~lease list the priority.

No I

Does this bill relate to the DPS goals of: combat terrorism, enhance public safety, disasterresponse and recovery or provide world class services? If Yes, which goal does it relate to andhow?

Yes 1world class service. This bill requires DPS to issue a no-fee ID to persons who states they are getting the IDfor voter identification. This could add to the customer base in DL offices increasing wait times for allcustomers and increase the transaction time for IDs issued under this provision, since it requires additionaldialog with the customer at the time of the transaction.

Printed: 9:44 AM 3/28/2012


TX 00005210

DE-000159


SB 14- FIL.xlsx


NAEngrossed version 02/07/11 - Rebecca Davio, AD for Driver License discussed whether new language hadan additional implications for DLD. There are no changes to the language that would impact DLD.

IDoes this bill create or expand a penalty? If Yes, please list the new or enhanced penalty. IYes IYes, Election Code 64.012(b) raises from third to second degree felony conviction for illegal voting.Conviction of an attempt to vote illegally is raised from class a misdemeanor to state jail felony. Thesesections do not affect DLD.

Printed: 9:44 AM 3/28/2012


TX 00005211

DE-000160


SB 14- FIL.xlsx


to be repealed.

YesElection Code Sections 63.007 and 63.008 are repealed. These sections do not affect DLD.

Does this bill create or expand a fee or fine? If Yes, which one and what is the fiscal impactper fiscal year for FY11 - FY16. Show the current fee, new fee and frequency of collection byfiscal year.

NoSection 18 amends TRC 521.422 to eliminate the issuance fee for an ID for a person who states they want

an ID only to satisfy Section 63.001(b), Election Code, and is a registered voter presenting a valid voterregistration or registering to vote at the time of application. Current ID cost-S15 for a six year ID forpersons under 60 years of age and $5 for an indefinite expiration ID for persons over 60 years of age.!f all eligible voters who do not currently hold ID"s request under this provision, the potential issuance peryear is 308,813.18% of IDs issued are for persons over 60 - 55,586@~5=$277,930.

253,227@$15=3,798,405.Potential revenue loss to the mobility fund/year $4,076,335

Historically approximately 13% of the ID card holders have a Y indicator for voter registration. 473,275 IDswere issued (original and renewal) in FY10.Engrossed version 02/07/11 - no changes to potential impact to DLD

Does this bill require DPS to create, update, or modify any policies, procedures, reports,administrative rules, etc., including the General Manual, publications, reports to theLegislature, executive branch or task forces? If Yes, what policy or report is it and what is thefiscal impact per fiscal year for FY11 - F¥16. List the cost of each new or revised manual,publication, report, etc. by fiscal year. Estimate the number of additional work hours needed

to accomodate the new or revised product.

Yes

Printed: 9:44 AM 3/28/2012


TX 00005212

DE-000161


SB 14- FIL.xlsx

*Training50 hours of preparation time for one DLD employee to create the training module1534 employees to be trained in a one-hour session - training can be done at the workplace, so no

need for travel or out of office timeCost to produce training materials- $3481.70

*Manual revisions to update issuance procedures - 3 hours*Website update - 2 hours

These updates will be done utilizing existing employees.Engrossed version 02/07/11 - no changes to DLD impact

Printed: 9:44 AM 3/28/2012


TX 00005213DE-000162


SB 14 - FIL.xlsx

What is the fiscal impact of this bill to the Department program or division? Please be specificabout the number of FTE’s needed, administrative costs, program costs, etc. List the stateclassified titles, the start dates for those positions, and the number of such classified titles foreach fiscal year from FYll - FY16. Show how many positions will be stationed at headquartersversus field offices. For a full list of all classified titles go to:http://sao.hr.state.tx.us/Compensation/index.html. Specify how much is needed for traveland training for each position by fiscal year.

YesThere will be an unknown revenue loss to the mobility fund. (see #6)¯ Costs to produce the ID cards will not be covered resulting in a negative fiscal impact to the Department.ID card cost $1.67 - card production, mailing supplies, presort and postage. This does not include costsrelated to the mailing machine (lease, maintenance)

** DLS Prol~ramming information from DL Tech SolutionsRequired Programming: Programming changes would be required as an additional Correction - No Feereason (Register to vote) would need to be added to the list of CNF reasons listed in Alt Flow 7 of UCS

Collect Fee.Use Cases Affected: UCS Collect FeeEnl~rossed version 02/07/11 - no changes to DLD

Printed: 9:44 AM 3/28/2012


TX 00005214

DE-000163


SB 14 - FIL.xlsx

10.

11.

What is the justification for the cost estimate? Explain the methodoloi~y for your cost

estimate.

Historical information for updates. DLS programming costs are determined by IT.

What is the effective date of this bill? JJanuary 1,2012 except

Sections 1, 3,4, 5, 9, 20,and 22 takeeffectSeptember 1,2011

Engrossedversion02/07/11-sectionseffective09/01/11changed to 3,

5, 6, 7, 11,22, 24

Is there anything else that Executive Management needs to know about this bill? (For

example, was it previously filed? Was it previously passed and subsequently veteod? Does

Ithe bill codify a current rule or practice of the Department or Commission?)

Printed: 9:44 AM 3/28/2012


TX 00005215

DE-000164


SB 14 - FIL.xlsx

¯ 81st there were five bills filed with the same or substantially similar lan~ual~e rel~ardinl~ the ID. SB362-)laced on major state calendar-did not pass due to procedural delays in the House.

~¯80th there were three bills with similar ID lanl~ual~e, HB218 passed the House but was not heard on theSenate floor because there were not enoul~h votes to suspend the rule.

¯ 79th Two bills filed that contained lanl~ual~e re~ardinl~ IDs included in filed versions but the lan~ual~e wasremoved durinl~ committee process. HB2309 passed but the final version did not address IDs.¯ 82ndo7 substantially similar bills are filed to this point- HB16, HBl12, HB248, HB539, HB624, and SB178contain identical lanl~ual~e rel~ardin{I ID’s. HB186 adds the inability to pay and no other acceptable form ofID under 63.0101 Election Code but is otherwise the same. The basics of HB401 are substantially differentthan other voter ID bills filed, but contains the same provisions re~ardinl~ DPS issuinl~ ID cards to qualified)ersons.Due to DLS prol~ramminl~ requirements, it would be preferred that the DPS portion of the bill not beeffective until 01/01/12.Accordinl~ to this section, DPS will provide an ID card to anyone who states they want the ID for votinl~

Reviewed by AD:

Please select AD IReViewed IIDate: I

Printed: 9:44 AM 3/28/2012


TX 00005216

# DE-000165


SB 14 - FIL.xlsx

i0.

11.

What is the justification for the cost estimate? Explain the methodology for your cost /estimate.

Passage ot SB 14 could result in additional contacts from DL Field Offices and customers. Based on theanalysis provided by DLD, it is projected that 13% of ID issues from FY2010 would apply for a freeidentification card. Historically, 13% of ID card holders are registered to vote. Therefore, 13% of of IDissues in FY 2010 = 61,525. 61,525/252 working days per year = 244 calls per day. On average, CC Agentscan handle 80 calls per day. 244 calls per day/80 calls per agent = 3 additional FTE’s.

What is the effective date of this bill?

1Is there anything else that Executive Management needs to know about this bill? (Forexample, was it previously filed? Was it previously passed and subsequently veteod? Doesthe bill codify a current rule or practice of the Department or Commission?)

12.

IINFORMATION TECHNOLOGY

Does this require a new or upgraded computer system? If Yes, please list the number ofservers, routers, amount of upgrades etc. by fiscal year from FY11 - FY16. Do not include~ersonal computers or printers. List each item separately and include out-year maintenancecosts from F¥11 - FY16. Estimate the number of contractor or employee hours required tomaintain these items.

Printed: 9:38 AM 3/28/201-2


TX 00005217

DE-000166


SB 14 - FIL.xlsx

SB 14 NEW VERSION ENGROSSED has no ADDITIONAL impact to IT. Filed Version IT estimate remainsunchanl~ed. CF

Reviewed by AD: I

Mark Dol~l~ett IIDate:

Reviewed by O(3R: IIDate:

Printed: 9:38 AM 3/28/2012


TX 00005218DE-000167


Priv~ileged


TX 00005219DE-000168


Privileged


TX 0000522

DE-000169


PrMleged


TX 00005221# DE-000170


2011S0078-I 01/12/11

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


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 I. 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



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:


the registration records, including, if necessary, deleting a


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



Page - 1 -


TX 00005226DE-000171


S.B. No. 14investigation given under Section 16.033;


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

election;


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.

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

Page -2 -


TX 00005227DE-000172


S.B. No. 14adding 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.


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

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

Page -3


TX 00005228DE-000173


S.B. No. 14(b) Except as provided by Subsection (h), on [~e] offering to

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

place one form of identification listed in Section 63.0101 [~e

the pol!in~ 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

[rcgictratien 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:

(i) inform the voter of the voter’s riqht 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:

Page -4 -


TX 00005229DE-000174


followed,

accepted.

(h)

(A)

(B)

S.B. No. 14lists the requirements for identification;

states the procedure for presenting

identification under Section 65.0541;

(C) includes a map showing the location

identification must be presented; and

(D)

there is

where

includes notice that even if all procedures are

no guarantee a provisional ballot will be

The requirements for identification prescribed by

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

(i) presents the voter’s voter registration certificate

on offering to vote; and

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

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

certificate.








shall ask the voter if the voter’s residence, if [ee] listed, on

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

..A~, .... ~ ..... ~.~ ..... ~icatc] is current and whether the

voter has changed residence within the county.

Page -5 -


TX 00005230

DE-000175


SECTION 9.


Sec. 63.0012.

CERTAIN VOTERS. (a)

S.B. No. 14Chapter 63, Election Code, is amended by adding



notice of the identification that will be required to vote in

elections held after January i, 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.


notice and establish guidelines for distributing the notice.

(c) This section expires September i, 2013.

Section 63.006, Election Code, is amended to readSECTION I0.

as follows:

Sec. 63.006. VOTER WITH REQUIRED DOCUMENTATION [~

~Tq~U-~ZA~-~] WHO IS NOT ON LIST. (a) A voter who, when offering

to vote, presents the documentation required under Section

63.001(b) [a ~ regiotrati~n certificate ~ ~ ~ ~

"’~er is currently ~4~; in ~ ’ ~ "-’~ ~ .... ~..... ~ ........... precinct~n .~. ...... ~ ~ cr is

~..~-==--~--~ "~c 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:

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

vote ; or

Page -6


TX 00005231DE-000176


S.B. No. 14(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 reqistrar;

(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:

(i) 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 reqistration as indicated by the

voter’s registration certificate.

Section 63.009, Election Code, is amended to readSECTION II.

as follows:

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

[(a) ~ ..... ~ ....... ~ ~-- S--~-^~^- ’~ 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

Page -7 -


TX 00005232DE-000177


S. B. No. 14provisional voting if the voter executes an affidavit in accordance

with Section 63.011.

\

~ccticn. Aftcr thc vctcr is acccptcd undcr thic cubccction, an

poll list that the voter ;.:ca acceptcd under thic section.]

Section 63.0101, Election Code, is amended toSECTION 12.

read as follows:

Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION. The

following documentation is a__~n acceptable form [as proof] of photo

identification under this chapter:

(i) a driver’s license or personal identification card

issued to the person by the Department of Public Safety that has

expired;

(2) a United States military identification card that

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

the person’s identity] ;

Page -8 -


TX 00005233DE-000178


S.B. No. 14

[-@4@-] United States citizenship certificate [papcr~]

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

(4) [4-~+] a United States passport issued to the person

that has not expired[T

[(S) any cthtr form ~; i~cnt~;~-~ ........ <~;-~ .......... ~ ......... by the

secretary of stats].

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) [~] or 63.009

[$3.009(a)] applies may cast a provisional ballot if the person

executes an affidavit stating that the person:

(i) 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.

Page -9 -


TX 00005234DE-000179


S.B. No. 14The 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, is


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

[t-h-i-m~] degree unless the person is convicted of an attempt. In

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

mi=dcmcancr] .



(b) A provisional ballot shall [mey] be accepted [e~l-y] 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

Page -I0 -


TX 00005235

DE-000180


S.B. No. 14voting ballot board.

(b) The secretary of state shall prescribe procedures as



read as follows:

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

must contain:

(i) 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

[~3-~9-~] 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 [~4~e] fee for a

personal identification certificate is:

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

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

(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

Page -ii -


TX 00005236

DE-000181


S.B. No. 14purpose of satisfying Section 63.001(b), Election Code, and:

(i) 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 I, 2012, Sections 63.007 and

63.008, Election Code, are repealed.

As soon as practicable after the effective dateSECTION 20.

of this section:

(I) 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 I, 2012. An offense

committed before January I, 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 i, 2012, if any element of the offense

occurs before that date.

SECTION 22. State funds disbursed under Chapter 19, Election

Page -12 -


TX 00005237

DE-000182


S.Bo No. 14Code, 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 I, 2013.

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

section, this Act takes effect January i, 2012.

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

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

Page -13 -


TX 00005238

DE-000183


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


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 i. Subchapter A, Chapter 15, Election Code, is


Sec. 15.005. NOTICE OF IDENTIFICATION REQUIREMENTS. (a) The

voter registrar of each county shall provide notice of the



registration certificate issued under Section 13.142 or renewal

registration certificate issued under Section 14.001.


notice to be included on the certificate under this section.




the registration records, including, if necessary, deleting a


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



investigation given under Section 16.033;


any affidavits executed under Section 63.006 [~B~4~@-~], following an

election;


Page - 1 -


TX 00005239

DE-000184


S.B. No. 14executed 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;

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

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.


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

Page -2 -


TX 00005240DE-000185


S.B. No. 14elections 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


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.


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 [49R] offering to

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

place one form of identification listed in Section 63.0101 [t-he

~’~’v~ ~ .... .~ ..... ~~ ..... ~~t~ .... to an ~icn officer at

(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 .... ~=~ .... ] 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.

Page -3 -


TX 00005241DE-000186


S.B. No. 14(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:

(i) inform the voter of the voter’s riqht to cast a

provisional ballot under Section 63.011; and

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

form prescribed by the secretary of state, that:

(A) lists the requirements for identification;

(B) states the procedure for presenting

identification under Section 65.0541;

(C) includes a map showing the location where

identification must be presented; and

(D) includes notice that 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:

(I) presents the voter’s voter registration certificate

on offering to vote; and

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

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

certificate.








shall ask the voter if the voter’s residence, if [~] listed, on

Page -4 -


TX 00005242DE-000187


S.B. No. 14identification presented by the voter under Section 63.001(b) [tmee

vv~cr ..... ’~t ~ ~--~ ’ .... ~c- rc~i- ra~iAn ccrtificatc] is current and whether the

voter has changed residence within the county.

SECTION 9. Chapter 63, Election Code,


Sec. 63.0012.

CERTAIN VOTERS. (a)

is amended by adding



notice of the identification that will be required to vote in

elections held after January i, 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.


notice and establish guidelines for distributing the notice.

(c) This section expires September I, 2013.

Section 63.006, Election Code, is amended to readSECTION i0.

as follows:

Sec. 63.006. VOTER WITH

CERTIFICATE] WHO IS NOT ON LIST.

to vote,

63.001 (b)

REQUIRED DOCUMENTATION [~

(a) A voter who, when offering

presents the documentation required under Section

[a voter rcgi-~~ ccrt~ ~ ~............ ca~c indicating that ....

~ ....... ~ ..... ~-~-~-; in ~w- prccinct ~ which thc "’^~-~ is

votc], 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:

(I) 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:

Page -5 -


TX 00005243DE-000188


S.B. No. 14(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 reqistrar;

(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:

(i) 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.

Section 63.009, Election Code, is amended to readSECTION ii.

as follows:

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

Page -6 -


TX 00005244DE-000189


SECTION 12.

read as follows:

Sec. 63.0101.

Section 63.0101, Election Code, is amended to

DOCUMENTATION OF PROOF OF IDENTIFICATION. The

following documentation is a__n acceptable form [a~ ~ .... ] of photo

identification under this chapter:

(i) a driver’s license or personal identification card

issued to the person by the Department of Public Safety that has

expired;

(2) a United States military identification card that

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

............... containin{ t

the pcrson’s idcntity];

[~] United States citizenship certificate [papcrs]

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

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

that has not expired[m

............. ~ tity

[(7)

the namc and addrcss of thc rotor; or

sccrctary of ctatc] .

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) [~] or 63.009

Page -7 -


TX 00005245DE-000190


S.B. No. 14[£3.009(a)] applies may cast a provisional ballot if the person

executes an affidavit stating that the person:

(I) 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.



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

[t-h-iT4] degree unless the person is convicted of an attempt. In

offense is a state jail felony [Class Athat case, the

misdcmcanor].

SECTION 15.


(b) A provisional ballot shall

Subsection (b), Section 65.054, Election Code, is

[mey] be accepted [e~-l~] 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

Page -8 -


TX 00005246DE-000191


S.B. No. 14PROVISIONAL 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



read as follows:

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

must contain:

(I) 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

[£3.007] 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 [~ae] fee for a

personal identification certificate is:

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

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

(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:

Page -9 -


TX 00005247DE-000192


S.B. No. 14who is a registered voter in this state and presents(i)

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 I, 2012, Sections 63.007 and

63.008, Election Code, are repealed.

SECTION 20. As soon as practicable after the effective date

of this section:

(i) 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 I, 2012. An offense

committed before January i, 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 i, 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 I, 2013.

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

section, this Act takes effect January i, 2012.

Page -i0 -


TX 00005248

DE-000193


S.B. No. 14(b) The changes in law made by Sections i, 3, 4, 5, 9, 20,

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

Page -ii -


TX 00005249DE-000194


HB16, HBl12, HB248, SB178 Voter ID bill notes 12/06/10

In FY 2010 there were 4,948,595 ID card holders in the driver license file.US Census Bureau Quick Facts page estimates the Texas population at 24,782,302 in 2009In FY2010 473,275 original and renewal ID card were issued.

#2Yes-world class service. Adding a new segment of the population (those who do not currently have IDcards) to the DL customer base will increase lines and wait times for all customers.

#3Marl~aret Spinks, DLD, Processing & Routing Services Manager, x7243. Received background info fromprevious sessions for reference and cost justification formulas.Ron Coleman, DLD, Program Specialist, x7652, general discussions concerning analysis preparation.

#6Section 14 amends TRC 521.422 to eliminate the issuance fee for an ID for a person who states theywant an ID only to satisfy Section 63.001(b)(1), Election Code and who is a registered voter and presentsa valid voter registration or registers to vote at the time of application. Current ID cost-S15 for a six yearID for persons under 60 years of at]e and ~5 for an indefinite expiration ID for persons over 60 years ofage.There is not a I~ood way to measure how many people would take advantage of a no fee ID under theparameters of this bill. It does not restrict the no-fee issuance so the number of people requesting itcould be from 61,525 (13% of FY10 issuances) to 473,275 (total number of FY10 issuances). Cost tomobility fund could range from ~922,875 to ~7,099,125. (more)Historically approximately 13% of the ID card holders have a Y indicator for voter registration. Therewere 4,948,595 ID card holders on file in FY10. 473,275 IDs were issued (original and renewal) in FY10.13% of that is 61,525.

#7"1500 DL employees to be trained on new issuance procedures*Add new requirements to training modules - 5 hours*Manual revisions to update issuance procedures - 3 hours*Website update - 2 hours

#8There will be an unknown revenue loss to the mobility fund. (see #6)¯ Costs to produce the ID cards will not be covered resulting in a negative fiscal impact to theDepartment.

*DLS programming will be required to create an option for a no fee ID. (81st session it was estimated at225 programming hours at ~200/hour for the first FY only)

#9Historical estimates for hours required to update manuals, training and website.

*473,275 ID card.s issued in FY10. Historically, 13% of ID card holders are registered to vote. Potentialimpact - 13% of FY10 issuances (61,525) at ~15/issuance up to 100% (473,275) at ~15/issuance.


TX 00005277

DE-000195


#1181st there were five bills filed with the same or substantially similar language regarding the ID. SB362-placed on major state calendar-did not pass due to procedural delays in the House. 80th there werethree bills with similar ID language, HB218 passed the House but was not heard on the Senate floorbecause there were not enough votes to suspend the rule.¯ 79th Two bills filed that contained language regarding IDs included in filed versions but the languagewas removed during committee process. HB2309 passed bu~ the final version did not address IDs.¯ 82nd-5 substantially similar bills are filed - HB16, HB248, and SB178 contain identical languageregarding ID’s. HB186 adds the inability to pay and no other acceptable form of ID under 63.0101Election Code but is otherwise the same.


TX 00005278

DE-000196


Voter ID Cost Estimates

# of ID’s issued in 2010

% of ID holders under 18 yoa/Temp Vis

# of ID’s issued less ID holders under 18 yoa/remp Vis

473,275

-6%or28,396

444,879

13% of ID holders who expressed interest in registering to vote

% of ID holders over 65 yoa

57,834

19% or 89,922

Maximum revenue loss to Mobility Fund if all eligible ID holders elected to get a free ID*

444,879 x 81% = 360,352 x $15 =

(over 65 yoa) 19% = 10,989 x $5 =

Total

$5,405,280

+ $54,945

$5,460,225

Minimum loss to Mobility Fund if only the current 13% of ID holders who registered to voteat time of application elected to get a free ID

57,834 x 81% = 46,846 x $15 =

(over 65 yoa) 57,834 x 19% = 10,989 x $5 =

Total

$702,683

+ $54,945

$757,628

Impactto DPS’budget

$1.67 = DPS’costto produce and maillD card

MAX--444,879 x $1.67 =

MIN--57,843 x $1.67 =

$742,948

$96,583

* This maximum is mitigated if free IDs are issued to customers who don’t already have identification

suitable to meet the 63.0101 (Election Code) requirements


TX 00005279

DE-000197


Eligibility Requirements for Issuance ofTexas Election Certificate

On January 3, 2012, the Department of Public Safety will be prepared to issue Texas electioncertificates to persons who are obtaining one for the purpose of voting and do not have another form of photoidentification acceptable for election purposes(see eligibility below).

Who is NOT eligible to apply for a Texas Election Certificate?¯ Persons who have been issued any ofthe following documents which may be used for voter

identification purposes:o Texas driver license (includes occupational license with photograph) - unexpired or expired less

than 60 days;o Texas identification card - unexpired or expired less than 60 days;o Texas concealed handgun license- unexpired or expired less than 60 days;o United States military identification card containing the person’s photograph;o United States passport- unexpired or expired less than 60 days;o United States citizenship certificate containing the person’s photograph; or

¯ Persons who are not United States citizens (i.e. permanent residents, asylees, refugees or temporary

visitors).

Who IS eligible to apply for a Texas Election Certificate?The department shall issue an election certificate upon request to persons who do not have one of the forms ofacceptable photo identification listed above, and are:

¯ a registered voter in Texas and present a valid voter registration card, or areeligible to vote and submit a voter registration application to the department;

¯ a United States citizen;¯ a resident of Texas; and¯ age 18 or above. (To be eligible to apply for voter registration, a person must, on the date the

application is submitted to the registrar, be at least 17 years and 10 months of age.)

How does a person apply for a Texas Election Certificate?¯ visit a Texas driver license office;¯ bring documents to verify U.S. citizenship;¯ bring documents that meet the department’s identification policy; and¯ request and complete an application for the election certificate.

Section¯

¯

521A of the Texas Transportation Code states that:an election certificate may not be used or accepted as a personal identification certificate;the department may not collect a fee for an election certificate or to reissue an election certificateissued under this section;the department may require each applicant for an original or renewal election certificate to furnish tothe department proof of identification and U.S. citizenship; andthe department may cancel and require surrender of an election certificate after determining that theholder was not entitled to, or gave incomplete information in the application for, the election certificate.

Rev. 12/12/2011


TX 00005280

DE-000198


Texas Election Certificate (Features)Election certificates will be issued to expire in 6 years. The certificate will not expire for persons age 70 and above.Election certificates are produced in a vertical format and do not include:

¯ card holder’s signature (The cord holder will sign the temporory election certi.ficote.)¯ address of the card holder. (The temporory receipt will include cord holder’s moiling oddress ond will be

accepted.for election purposes.)

Note: The election certificate is NOT acceptable to establish proof of identity as a primary~ secondary or supportingdocument when applying for a Texas driver license or identification card.

STATE OF TEXASELECTION CERTIFICATE

EC~ 12345678

Iration Oat~

LAS .T~, ,IEWXXUUE~XUUE~XUU~UFIRSTNAMEMIDD LENA~,q E SU FFIXWXX

FOR ELECTION PURPOSES ONLYGANNOT BE USED A8 IDENTIFICATION

,

Texas Election Certificate (back)

Texas Election Certificate (front)

Texas Election Certificate (Temporary)

Rev. 12112/2011


TX 00005281

DE-000199


Procedures for Election Identification Certificate Issuance

The procedures for issuing an election certificate are very similar to those used to issue a driver license oridentification card. Similarities include:

¯ verifying the person’s identify and lawful presence (U.S. citizenship)documents;¯ entering the person’s personal data:

o name,o date of birth,o address (physical and mailing)o physical descriptiono U.S. citizenshipo voter registration

¯ collecting images, photo, thumbprints and signature; and¯ scanning documents

There are procedures that only apply to the issuance of an election certification. When issuing an electioncertificate, it is also important to keep in mind the following:

¯ there is never a fee charged to issue an election certificate;¯ there are no duplicate or modify transactions when issuinl~ an election certificate. When an election

certificate is lost or expires, re-issue the card and the expiration date will be extended to six years from thedate the card was re-issued;

¯ there is an option to "edit" personal data on the election certificate;¯ the option to "remake" the election certificate without changes to the record is available;¯ There are two different search engines in DLS; the current one for driver license and identification cards and

a new one for election certificates. No election certificate results will be found when searching in the driverlicense and identification card Seorch Applicant screen and no driver license or identification card recordswill be found when using the Search Election Certificate screen.

¯ documents scanned for an election certificate will not be available for review by customer operationsemployees in either the election certificate application or DLS. For this reason it is important to inform theperson that if they choose to apply for a driver license or identification card in the future, they will berequired to provide the same documents before a driver license or identification card will be issued.

¯ a social security card is not required for an election certificate and social security online verification (SSOLV)will not be performed.

¯ PDPS, CDLIS, and TCIC/NCIC external checks will not be performed for an election certificate

Prior to Issuance of an Election Certificate.1. Conduct a search in DLS to determine if the applicant has an unexpired Texas driver license or

identification card on record. When searching for a record in DLS:o enter the person’s name and date of birth and/or social security number and select the "Search

Applicont" button at the bottom of the screen.Do not issue an election certificate if a matching record is found under the followinl] circumstances:

o the dl/id is unexpired or expired less than 60 days. The person has a card on file which canbe re-issued and used for election purposes.

o DLS indicates the person is inelil~ible (i.e. suspended, revoked, cancelled or denied) ifthe person maintains the card in their possession.

2. Review the documents presented by the applicant to verify identity and U.S. citizenship.

3. Process the election certificate application and issue a temporary receipt.

Rev. 12/12/2011


TX 00005282

DE-000200


Questions/Answers regarding Election Certificate

1. What is the reason for issuing an election certificate?The law was designed as a measure to prevent voter.fraud without denying those that cannot aj~ord photo IDthe right to vote.

Will a person whose driver license or identification card that has been expired more than 60 davs, be eligibleto applv for the election certificate?Yes - the rule states a person is NOT eligible if the dl/id has not expired or expired less than 60 days. There.fore,an election certificate may be issued to a person if their dl/id card is expired more than 60 days. Remember, theperson must request the photo ID for voting purposes.

If a person has lost their unexpired driver license or identification card are they eligible to applv for anelection certificate?No - again the rule states a person is NOT eligible if the dl/id is unexpired or is expired less than 60 days.Apologize to the customer for the situation and invite them to apply for a renewal of their driver license oridenti[ication card which can be used as photo identification for election purposes.

What if the person tells you they do not have money to pay for an identification or driver license? Can weinform them of the election certificate?No - the person should let you know they need a photo ID to vote and do not hove money to pay to replace theirdriver license or identification card. Take care to ovoid oj~ending the person and be sensitive to their situation. I.fyou are unsure whether to issue the election cord seek assistance from your supervisor.

5. Will the occupational license with a photo included on the card be considered an acceptable form of photo idfor voting purposes?Yes - it is for all purposes a driver license.

Will we issue election certificates to homebound applicants?No. If homebound applicants can prove disability to the Secretary o]: State they are exempt from the IDrequirement. Also, if a person is homebound they will most likely be voting by mail and an ID is not required formail-in ballots.

Can the election certificate be used as an acceptable form of identification to apply for a Texas driver licenseor identification card?No. The election certificate is not acceptable as proof of identi]:ication when applying for a TX dl or id because thestatute clearly states that the card is for election purposes only and cannot be used as identiJ~ication so theindividual would not be eligible for an election certificate.

Does a person have to surrender an election certificate if they wish to apply for a TX driver license oridentification card?No - a person will not be required to surrender an election certificate before being issued a TX driver license oridentification card.

o Is an expired U.S. Passport acceptable to verify proof of U.S. citizenship for persons applying for an electioncertificate?Yes - the U.S. Passport can be used to verify U.S. citizenship ]:or those applying .for an EC. However, if the U.S.Passport has not been expired more than 60 days, it may be accepted for election purposes.

Rev. 12/12/2011


TX 00005283

DE-000201


10. Can a person apply for a replacement of an election certificate?Yes- a person can apply .for a replacement o.f an EC by presenting one o.f documents from the list o.f acceptableforms of identification. No fee will be charged for the transaction. The new certificate will be issued for a six-yearterm, so a replacement will be treated more like a renewal

11. When an election certificate holder moves or relocates, are they required to change the address on theircard?No. Because an address is not included on an election certificate, there is no need to apply .for a change o,faddress. The person can update their voter registration address with the Secretary of State.

12. When a person is issued an election certificate does this mean they are automatically registered to vote?No - the Secretory o.f State is responsible for voter registration. The inJ:ormotion collected on the election cardwill be sent electronically to the Secretary o.f State to approve the card holder’s voter registration application.

13. Will renewal notices for an election certificate will sent to card holders?No - it will be the card holder’s responsibility to renew the election certificate.

Additional information regarding issuance of a Texas Election Certificate:

The U.S. Department of Justice (DO J) is currently reviewing the new statute to determine whether thestate of Texas has the right to require voters to present an acceptable photo identification document atthe polls to be able to vote in an election. Until the DOJ renders their decision, voters will not berequired to present photo-identification to vote.However, DPS will move forward and bel~in issuinl~ election certificates on January 3, 2012 to be incompliance with the law in an effort to avoid being blamed for anyone’s inability to vote if the DOJ doesapprove implementation of the law.

DPS is expected to complete testing and be ready to launch the election certificate by December 20,2012. While the election certificate system will be in place, it is important to remember NOT to accessthe application or issue any election certificates prior to January 3, 2012.

Keep in mind there is the possibility that we will issue election certificates and later the DOJ may returnwith a decision that Texas cannot require photo ID. However, keep in mind the cards can only be forelection purposes only and not for ID to apply for government services, for financial reasons, to enter afederal building, or to board a plane.

Plans are to add an additional category in Nemo-O, for election certificate applicants to track the numberand processing time for election certificate applicants. The new category is expected to be ready byJanuary 3, 2012.

Rev. 12/12/2011


TX 00005284

DE-000202


Suggested responses to customer inquiries concerning applv for the Texas Election Certificate

If a customer comes in and requests the election certificate prior to January 3, 2012, provide the followinginformation:

At this time, the Department o/Public Safety is not issuing the election certificate. However, we are prepared tocomply with the law passed during the last legislative session and begin issuing election certi~’cates to U.5.citizens who are eligible to vote in Texas and do not have another form of acceptable photo identificationbeginning in January 2012. You are welcome to come back any time a~ter January 2r~ and apply for the electioncertificate. (At this point you may also provide information on the requirements and determine their elil~ibility toprepare them for their next visit.)

It may be helpful to interview persons requesting an identification card to clarify whether they wish to apply fora Texas ID card or the Texas Election Certificate. Options to begin the conversation:

Employee:Customer:Employee:Customer:Employee:

How may I help you?"I’m here for an ID?"An identification card is $16 and requires proo/ o/ identity and law/ul presence."No, I thought the ID was free."There is no charge for the Texas Election Certificate which is only used for votingpurposes. Are you seeking photo identification.for voting purposes?

Information to share with individuals who have been issued a Texas Election Certificate.

Because the election certificate and DLS are on two different search engines, employees will be unable to viewdocuments after they are scanned into the election certificate application. For this reason customers who havebeen issued an election certificate will be required to present their proof of identification and U.S. citizenshipdocuments al~ain when applying for a driver license or identification card. To convey this information to a personwho has been issued an election certificate, consider the following dialogue:

Employee: Your election certificate will expire in 6 years and can only be used for photo identification to voteduring an election and not for any other purpose. Later, if you decide you would like to obtain aTexas driver license or identification card the election certificate, you will be required to present yourproo/ of identification and U.S. citizenship documents again at the time you apply.

Rev. 12/12/2011


TX 00005285

DE-000203


Election Certificate Processing Agreement

I have attended training to inform me of qualifications, for issuance of an election certificate in compliance withSection 521A.001 of the Texas Transportation Code adopted during the 82nd Legislative session.I have also been provided with a job aid that includes information regarding the process and procedures for theissuance of an election certificate.As a result of the training, I am prepared to:

¯ disseminate accurate and consistent information regarding the requirements for an election certificateto my customers; and/orissue election certificates to customers in compliance with state legislative requirements.

For Customer Operations Employees:

I understand and agree that I shall not begin to process or issue an election certificate to anyone prior toJanuary 3, 2012.

EMPLOYEE SIGNATURE REGION/SERVICE/SECTION SUPERVISOR

PRINTED NAME DATE OF TRAINING

Rev. 12/12/2011


TX 00005286

DE-000204


t ~ Page 1 of 4

Shera Eichler

From: Carrie Simmons

Sent: Monday, May 25, 2009 1:24 PM

To: Carrie Simmons

Cc: Carl Christman

Subject: Letter to Republican Caucus Members with Addendum

Please see the list of updated names below the letter you received on your desk yesterday.

Nay 24,2009

Dear Republican House Caucus Members,

"v~/e want each of you to know how arnazing we think you are for hanging tough. The sessionsam painful to watch, and we cannot imagine how much more painful it must be to beexperiencing it live.Perhaps you are linding yourself wondering at times if you are doing the right thing. Knowthat. we believe, without even the slightest doubt, that you are doing the right thing by notgiving into the Democrat’s demands to re-an’ange the schedule, and thus, throw away Voter

Secure axed fair elections are paramount to our democratic republic. If elections are not donew~th integriiy, then the people no longer rule.

As one of our founding fathers stated, "We should be unfaithful to ourselves if we should everlose sight of the danger to our liberties ff anything partial or extraneous should infect thepurity of our flee, fair, virtuous, and independent elections." - John Adams, 2rid president of|:.he United States

Know that you are doing the right thing, and we stand with you.

Sincerely,

~l~e Members of SAFETexas:Melinda Fredrieks, Chairman, SAFETexas, Montgomery County, ConroeToni Anne Dashiel!, TFRW President, BoemeRuss Duerstine, Tom Greene County Chair, SPdEC SD, San AngeloBarbara Larson, TFRW Ballot ~curlty Chair, BoerneTom Mechter, Former SREC, A~narilloF3ill Noble, AustinEric Opiela, RPT Executive Director, AustinLinda Rogers, Chairman, Texas Republican County Chairs Association {TRCCA)Skipper Wallace, TRCCA Legislative Chair, SREC, Lampasas

Addendum:The following people have added their signature to the letter since yesterday. There would bethousaa~ds more if we were to continue gathering signatures.

Tina Benkiser, Chairmam, Republican Party of TexasJosh Flynn, SREC SD 15, Houston

5f25/2009

Defendant’s Exhibit #

TX_O0006111

DE-000205


Pa~¢ .’2 of" 4

]~eslie Recine, SREC SD 10, Arlington.Jason Moore, SILEC SD 31]~osemary Roe. SREC SD 4, The WoodlandsNark McCaig, SPJ~C SD t8Watt Hayes, SREC SD 10Jane Bin-oh, SREC SD 9]0avida Stike, SR~..C SD 14John L~uTiaon, SREC SD 21l~hyllis Worsham,Eheri Isett SREC SD 28~ichael A. Flusche. SREC SD 23~athie Adams, NaUonM Committeewoman, Dallas~iI1 Crocker, .National Committeern~, AusanJean Mclver, S[~EC SD 12~andy Tschoepe, SREC SD 8~ex Teter, SF~C SD 6, Harris CountyJim Wi~ins. SREC SD 3, Montgome~ CountyAmy Clark. SRECBrim~ F. Russell, SREC, "Karts CounWDennis Paul. SRECKaUly H~ler, SREC Secret~, H~is CounWBenona Love, S[~$C SD 31~a~an St~ko, St~C SD 26, S~ ~tonioTim h~ine, Harris CountyChris Mc~nney, I~ingJudy Mc~nn(~y, h~ingMeghan McKinnqy, l~ingColin Mc~nney, I~ingSuzannc Guggcnheim, SpringDavid Sadowski, HD 47Connie Sadowski, HD47Charlie GarzaWalter D, Wilkcrson, Jr., M.D., Montgome~ County CharRosema~ EdwardsZ~avis Count- CharJared Woodfill-Har~s County CharA~m Davis-Walkr Coun~ CharMalcolm Green-Grimes Coun~ CharChad Sims-Harrison County CharKen Bull-McCuiloch Coun~ CharLyml q.~ineO.-Shackelford Coun~ ChNrRay Rosebrough-lmmar County CharFrank Morris-Cameron County ChairCrews McCuIloch-Young County Char.A~mlfo Atonzo-Caidwell Coun~ ChairSi3ephanie Klick4’arr~K Coun~ CharYvonne I)ewey-Br~oria Coun~ CharI,ucy Peht-Gillespie County CharM A Taylor-Mc~nnan County CharDianne Edmondson-Denton County CharHelen Heavey-Wood County CharAnn H~dI-Blanco Coun~ CharI)a~l Fowler-De~tt Count7 Ch~;~na Chapman-Val Verde Coun~ CharDavid ~drews-Jones Coun~ CharWaiter Coumbe, Refugio Coun~Joe L. Ward, F~nin Coun&Den-ell ~ndon. DeWitt Coun& ChairKer~ D. Pratt, Floyd County ChairDonald Balm, San Augustine Coan~Mel Bryant, Hill County Char

512512009


TX_O0006112

DE-000206


Page 3 of 4

~ike Rollins, Hemphill Count Chair yl~tul Holser. kaaderson Chair"Ibm Currie, Crane County ChairGary D. McAlister, Montague County ChairJ3ill Tennison, Orange County Chair13ert Edmondson, Franklin County Chair18111 [3aker, Kaufman County Chair]tichard E. L~_mglois, Bexar County ChairI)t-.nnis Detten, Deaf Smith County ChairZanne Rose, Vdmble County ChairI~ndy S. Blair, Webb Country Chair1Na.ncy Boston, l~ell County Chair~’.~m Prince, Parker County Chair~rad LockerlRichard Steenson, Flower MoundJell Fisher, Tan-ant CountyBarbara Mabray, Georgetownt3illye Fietz, President of South Llano County RW & TFRW Women Health ChairmanlRebecca Williamson, TFRW 1st Vice President and SREC SD 24Rebecca Bradford, President of Nueces Co. RW and TFRW Awards ChairmanBeryl Dowd, ~I~’RW Deputy President Region VI, Tarrant Countyl)ot Adler, President of Dallas Do,amto~m RW and 3~RW Historianl_a)nrtie Dowd[{ebecca Williamson, TFRW 1 st Vice President and SREC SD 24Dot Adler, President of Dallas Do,amtown RW and TFRW HistorianLonnie Dowd - spouse of Beryl DownJenmfer Lambert TFRW, Comal CountyAlice Rckeweg. TFRW, Harris County SD 4 ChairL~arbara Perales. TFRW, San AntonioClyde Pittman, Jr., h~cing, Dallas CountyTom Washington, Denton CountyRichard Determan. Irving, Dallas County/Mice Determan, Irving, Dallas CountyAdwana Boyne, Denton CountyPat Peale, SI) 30 TFRW District Director - Cooke CountyAngie Chesnut- KingwoodMa~.3r Sergesket/er - TFRW Strategist Harris, HoustonNeal lmrsen - AustinGins Hansen - AustinCher~ Creekmore, TFRW SD 20 District Director - San AntonioSandy Chishotm - TFRW SD 27 Dist~ct Director -Carol Hm~le, TFRW VP Campaign Activities, AustinJeanette Sterner, TFRW MILITARY LIAISON - Wood CountyJune Rentmeester, TFRW Deputy President Region III - Dallasdo Konen, TFRW VP Bylaws - HoustonKathy Jones. TFRW Executive Director - Llano CountyMaril}m [)avis, TFRW VP Legislatdve - SugarlandMollie 1-terrington - TFRW Deputy President - Region 1 - qSjlerGall Suttle, TFRW Past President - AustinJudy Parada, TFRVV SD 3 District Director - MontgomeryJanet Rose Mailman, Chairmam, Kerr Co. Republican Party - KerrvilleAudrey McDonald TFRW SD 5 District Director - Georgetown - Williamson CountyTomi Porterfield, TFRW Deputy President Region IV- PearlandShirtey Cooper, "!~RW Appointment Chairman- San AntonioNancy Z. Mayer TFRW SD 24 District Director - Bell CountyJan Ott, TFRW Treasurer - HoustonBetty Hill, TFRW PAC - San AntonioSylvia Mantey, TFRW SD 7 District Director, HoustonCynthia Trevino Eisenberg, \I~RW SD 20 District Director - Corpus ChristilViona Lisa Chambers, TFRW SD 13 Republican Chair, TF For Republican Outreach Vice-Chair

5125/2009


T~00006113

DE-000207


Page 4 of 4

~rcnda McCul!ough, TFRW Literacy - Fayette County]~ th Orren, For[ Worth RW

5/25t2009


TX 00006114

DE-000208


rage

Shera Eichler

From: Kim Bonnen [[email protected]]

Sent: Thursday, May 14, 2009 7:55 PMTo: Shera EichlerSubject: Fwd: Update on Voter Photo ID Legislation

FY[

Begin forwarded message:

From: Texas Federation of Republican Women <[email protected]>Date: May 14, 2009 3:56:55 PM CDTTo: kbonnen @gmail.comSubject: Update on Voter Photo ID LegislationReply-To: tlrw@ sbcglobal.net

Having trouble viewing this email? Click here

Update on VoterPhotoID Legislation

May 114, 2009

Dear TFRW Member:

Voter ID passed a major hurdle on Monday (May 11) when it wasvoted 5-4 out of the House Elections Committee. We sawbipartisan support for strong Voter Photo ID with four of the fiveRepublicans and one of the four Democrats on the committeevoting in favor of the bill. (Republican Dennis Bonnen voted againstit because he did not believe the bill was strong enough.)

During the month since the Elections Committee Voter ID hearing,Chairman Todd Smith released several versions of a Voter ID bill,but the committee decided to vote out the Senate Voter ID billunchanged, which we see as positive overall, although there are acouple changes we would like to see.

5/15/2009

Defendant,s Exhibit #039

T~00006131

DE-000209


Positives:

¯ The bill goes into effect in time for the 2010 elections, andthere is no delay in implementation.

¯The bill requires that a person show a Photo ID in order to vote.

Changes we would like to see:

¯ Remove the alternate ID option or at the very least shorten thelist of acceptable alternate IDs if a person does not have aphoto ID.

The next step is for the bill to go to the House floor for a vote, whichis likely to happen sometime next week. This is expected to be atough fight because, unfortunately, the Democrat leadership isfighting very hard against Voter ID. However, poll after poll hasshown that Democrat as well as Republican voters, across allethnicities, support Voter Photo ID; therefore, we wouldn’t besurprised if several of the more principled Democrats listen to theirconstituents and vote for the bill.

Please call your State Representative and tell him/her:

. Thank you for standing for a strong Voter Photo ID bill.¯ Please vote against any amendments that might delay

implementation or.weaken the bill in any way.° Please vote to remove or reduce the laundry list of acceptable

alternate IDs (such as hunting licenses and library cards).

You can find who represents you, as well as their contactinformation at this link: http://www.fyi.legis.state.tx.us/Zip.aspx.

We will be in touch as the bill approaches the House floor to askyou to take further action. Thank you for all your calls and emails,and even trips to the capitol, to help with the passage of this veryimportant bill. You have made a huge difference.

Sincerely,

SAFE-Texas (Secure and Fair Elections - Texas)www.SAFETexas.org

Melinda Fredricks, ChairmanToni Anne DashiellRuss DuerstineBarbara LarsonTom Mechler

5/i 5/2009

Defendant,s Exhibit #039

TX_00006132DE-O00210


Bill NobleEric OpielaLinda RogersSkipper Wallace

TEXAS FEDERATION OF REPUBLICAN WOMEN900 Congress Pve, Ste 300 ( Austin, TX 78701 I P: 512 477 1615

F: 512477 1615 I [email protected] } www.tfrw,org

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Texas Federation of Republican Women I 900 Congress Avenue, Suite 300 I Austin I "IX ( 78701

5/15/2009


TX_00006133


¯ R~p, ubliean Party of Texas Page 1 of 4

Shera Eichler

From: Republican Party of Texas [[email protected]]

Sent: Wednesday, April 29, 2009 6:55 PMTo: Dennis BonnenSubject: 71 House Republicans Stand Behind a Strong Voter ID Bill

FOR IMMEDIATE RELEASE: CONTACT:

Wednesday, April 29,2009 Eric Opiela (512) 477-9821

REVISED: Texas GOP Applauds 71 House Republican Caucus Members’Statement of Principles on Voter ID

AUSTIN- (Note: 21 additional members were added since yesterday’s release) The Republican Party of Texasapplauds the following 71 Texas House Republican Caucus members for their statement of principlesconcerning Voter ID legislation pending before the House:

Statement of Principles on Voter ID

"We are closely monitoring the Voter ID bill and are fervently committed to advancing a Voter ID bill.

Our principles concerning what the bill must contain are clear, this bill must:

1. Ensure a valid photo identification is needed to vote2. Take effect at the next possible uniform election date3. Be free of any registration requirements such as same day voter registration that dilutes

the intent of the bill, which is ensuring fair and accurate elections4. Increase criminal penalties for voter fraud and registration

We are all strongly encouraging Chairman Todd Smith and the other Representatives on the ElectionsCommittee to present a bill which protects the integrity of the electoral process, is fully implemented at thenext possible uniform election date and ensures a reasonable period of advanced registration to allow voterregistrars the time to protect the integrity of the registration process as well."

Signators:

Charles Anderson

Jimmie Don Aycock

Leo Berman

Dwayne Bohac

4/30/2009

Defendant’s Exhibit #O4O

TX 00006148

DE-000212


R.epublican Party of Texas Page 2 of 4

Dan Branch

Betty Brown

Fred Brown

Angle Chen Button

William A. Callegari

Warren Chisum

Wayne Christian

Byron Cook

Frank Corte

Joe Crabb

Tom Craddick

Brandon Creighton

Myra Crownover

Drew Darby

John Davis

Joe L. Driver

Rob Eissler

Gary Elkins

Allen Fletcher

Dan Flynn

Dan Gattis

Charlie L. Geren

Mike ’q-uffy" Hamilton

Kelly G. Hancock

Patricia Harlesg

Rick Hardcastle

Linda Harper-Brown

413012009

Defendant’s ExhibitO4O

TX 00006149

DE-000213


Republican Party of Texas Page 3 of 4

Will Hartnett

Harvey Hilderbran

Charlie Howard

Bryan Hughes

Todd Hunter

Carl H. Isett

Jim L. Jackson

Jim Keffer

Phil King

Susan King

Tim Kleinschmidt

Lois Kolkhorst

Edmund Kuempel

Jodie Laubenberg

Ken Legler

Tryon D. Lewis

Jerry Madden

Brian McCall

Doug Miller

Sid Miller

Geanie W. Morrison

Rob D. Orr

John Otto

Tan Parker

Dianne Patrick

Ken Paxton

Larry Phillips

4/30/2009

Defendant’s ExhibitO4O

TX 00006150DE-000214


Re, publican Party of Texas Page 4 of 4

Jim Pitt~

Debbie Riddle

Ralph Sheffield

Mark M. Shelton

Wayne Smith

John Smithee

Burt R. Solomons

David A. Swinford

Larry Taylor

V’icki Truitt

Randy K. Weber

Beverly Woolley

John Zerwas

*Due to his position as Speaker, Joe Straus was not asked to sign on to this statement, but has previouslystated his commitment to bringing a Voter ID bill to a vote on the House floor. RepresentativeDennis Bonnen, as a member of the House Elections Committee, has issued a principled statement explaninghis position below: :

"On Tuesday, many Texas House Republican Caucus members issued a statement calling for four principlesto be included in the Voter ID bill. While I, too, stand strongly behind lhese key elements, I chose not to addmy name to the statement.

As a member of the Elections Committee, my focus remains to advance this bill to the House floor. I will notsign a commitment that threatens to kill the bill by preventing it from being voted out of committee and which

undermines the many long hours we have worked to send it to the floor so that my colleagues will then havethe opportunity to cast votes tot these important principles.

My fervent commitment to advancing a strong and effective Voter ID bill has not waivered. One can simply

look at the Voter ID bill that I filed, HB 3556, to see where I stand on the issues."

Paid for by the Republican Party of Texas900 Congress.; Ave~lue, Suite 300, Austin, Texas 78701.

Not authorized by any candidate or candidate committee.

Please click here to unsubscribe or change your entail address

4/30/2009

Defendant’s Exhibit #O4O

TX 00006151

DE-000215


Bonnen committed to bringing Voter ID bill to House floor

Legislative Privilege


TX 00006152DE-000216


/~~ 900 Congress Avenue. Suite 300Austin, TX "/8701

Phone:512.477.9821Fax:512.480.0709www.texasgop.org

REPUBLICAN PARTY OF TEXAS

FOR IMMEDIATE RELEASE:Tuesday, April 28, 2009

CONTAI~T:Eric Opiela (512} 477-9821

Texas GOP Applauds House Republican Caucus Members’Statement of Principles on Voter ID

AUSTIN--The Republican Party of Texas applauds the following Texas House RepublicanCaucus members for their statement of principles concerning Voter ID legislation pendingbefore the House:

Statement of Principles on Voter ID

"We are closely monitoring the Voter ID bill and are fervently committed to advancing aVoter ID bill.

Our principles concerning what the bill must contain are clear, this bill must:

1. Ensure a valid photo identification is needed to vote2. Take effect at the next possible uniform election date3. Be free of any registration requirements such as same day voter registration that dilutes theintent of the bill, which is ensuring fair and accurate elections.4. Increase criminal penalties for voter fraud and registration

We are all strongly encouraging Chairman Todd Smith and the other Representatives onthe Elections Committee to present a bill which protects the integrity of the electoralprocess, is fully implemented at the next possible uniform election date and ensures areasonable period of advanced regis!~ration to allow voter registrars the time to protect theintegrity of the registration process as well."

Signators:

JimmyAycock DonAnderson CharlesBerman Leo

AngieButton ChenBrown BettyBrown FredCallegari William A.Christian Wayne


TX 00006153DE-000217