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  H.B. No. 2823
 
 
 
 
AN ACT
  relating to provisional voting by a person who applied for an early
  voting ballot by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 63.011, Election Code, is amended by
  adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  A person to whom the early voting clerk was required
  to provide an early voting ballot by mail under Section 86.001 and
  who did not vote early by mail may cast a provisional ballot on
  election day if the person executes an affidavit stating that the
  person:
               (1)  is a registered voter in the precinct in which the
  person seeks to vote; and
               (2)  did not vote early by mail.
         (b)  A form for an affidavit required by this section [the
  affidavit] 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. The affidavit form may include space for
  disclosure of any necessary information to enable the person to
  register to vote under Chapter 13. The secretary of state shall
  prescribe the form of the affidavit under this section.
         SECTION 2.  Section 65.054(b), Election Code, is amended to
  read as follows:
         (b)  A provisional ballot may be accepted only if the board
  determines that, from the information in the affidavit or contained
  in public records, the person is eligible to vote in the election
  and has not previously voted in that election.
         SECTION 3.  The changes in law made by this Act apply only to
  an election ordered on or after September 1, 2007.
         SECTION 4.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2823 was passed by the House on April
  26, 2007, by the following vote:  Yeas 125, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2823 on May 25, 2007, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2823 on May 27, 2007, by the following vote:  Yeas 146,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2823 was passed by the Senate, with
  amendments, on May 22, 2007, by the following vote:  Yeas 29, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2823 on May 26, 2007, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor