SB760 - Relating to an application for a ballot to be voted by mail submitted by certain residents of an assisted living facility, a nursing facility, or an intermediate care facility.

      By: Kolkhorst, et al. S.B. No. 760     (Leach)           A BILL TO BE ENTITLED   AN ACT   relating to an application for a ballot to be voted by mail   submitted by certain residents of an assisted living facility, a   nursing facility, or an intermediate care facility.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 84.014, Election Code, is amended to   read as follows:          Sec. 84.014.  ACTION BY EARLY VOTING CLERK ON CERTAIN   APPLICATIONS.   (a) In this section, "long-term care facility"   means a facility licensed under Chapter 242, 247, or 252, Health and   Safety Code.           (b)   If an applicant provides a date of birth, driver's   license number, or social security number on the applicant's   application for an early voting ballot to be voted by mail that is   different from or in addition to the information maintained by the   voter registrar in accordance with Title 2, the early voting clerk   shall notify the voter registrar. The voter registrar shall update   the voter's record with the information provided by the applicant.           (c)     An early voting clerk who receives an application for a   ballot to be voted by mail that includes the address of a long-term   care facility shall notify the Health and Human Services Commission   of the application.   The secretary of state in coordination with the   Health and Human Services Commission may adopt rules and prescribe   procedures for the notification required by this subsection.          SECTION 2.  Subchapter A, Chapter 242, Health and Safety   Code, is amended by adding Section 242.021 to read as follows:           Sec.   242.021.     NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO   CERTAIN RESIDENTS. (a) Following notification by an early voting   clerk under Section 84.014, Election Code, the commission shall   notify a nursing facility in writing of a request for a ballot by   mail submitted for a facility resident.           (b)     Upon receipt of the notification under Subsection (a), a   nursing facility shall determine if the resident that requested the   ballot by mail has a legal guardian or has appointed an agent by a   statutory durable power of attorney or medical power of attorney.     If a legal guardian or agent has been appointed, the facility shall,   not later than the fifth business day after receiving the   notification, notify the guardian or agent of the resident that a   ballot by mail was requested on behalf of the resident.           (c)     The commission shall conduct an audit to determine   compliance with this section.   The audit must:                 (1)     include at least 2.5 percent of all licensed   facilities as of the date of each primary and general election for   state and county officers; and                 (2)     be conducted not later than the 45th day after the   date of each primary or general election for state and county   officers.           (d)     Nothing in this section may be construed to require a   nursing facility to contact a person described by Subsection (b)   who is not listed as a point of contact for a resident in the   facility's records.           (e)     The commission may adopt rules as necessary to   administer this section.          SECTION 3.  Section 242.061(a-1), Health and Safety Code, is   amended to read as follows:          (a-1)  The department, after providing notice and   opportunity for a hearing to the applicant or license holder, may   deny, suspend, or revoke a license if the department finds that the   applicant, the license holder, or any other person described by   Section 242.032(d) has:                (1)  violated this chapter or a rule, standard, or   order adopted or license issued under this chapter in either a   repeated or substantial manner;                (2)  committed any act described by Sections   242.066(a)(2)-(6); or                (3)  failed to comply with Sections 242.021 and   [ Section ] 242.074.          SECTION 4.  Section 247.041(a), Health and Safety Code, is   amended to read as follows:          (a)  The department, after providing notice and opportunity   for a hearing to the applicant or license holder, may deny, suspend,   or revoke a license if the department finds that the applicant,   license holder, or a controlling person has:                (1)  violated this chapter or a rule, standard, or   order adopted or license issued under this chapter in either a   repeated or substantial manner; [ or ]                (2)  committed any act described by Sections   247.0451(a)(2)-(6) ; or                 (3)  failed to comply with Section 247.073 .          SECTION 5.  Subchapter D, Chapter 247, Health and Safety   Code, is amended by adding Section 247.073 to read as follows:           Sec.   247.073.     NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO   CERTAIN RESIDENTS. (a) Following notification by an early voting   clerk under Section 84.014, Election Code, the commission shall   notify an assisted living facility in writing of a request for a   ballot by mail submitted for a facility resident.           (b)     Upon receipt of the notification under Subsection (a),   an assisted living facility shall determine if the resident that   requested the ballot by mail has a legal guardian or has appointed   an agent by a statutory durable power of attorney or medical power   of attorney.   If a legal guardian or agent has been appointed, the   facility shall, not later than the fifth business day after   receiving the notification, notify the guardian or agent of the   resident that a ballot by mail was requested on behalf of the   resident.           (c)     The commission shall conduct an audit to determine   compliance with this section.   The audit must:                 (1)     include at least 2.5 percent of all licensed   facilities as of the date of each primary and general election for   state and county officers; and                 (2)     be conducted not later than the 45th day after the   date of each primary or general election for state and county   officers.           (d)     Nothing in this section may be construed to require an   assisted living facility to contact a person described by   Subsection (b) who is not listed as a point of contact for a   resident in the facility's records.           (e)     The commission may adopt rules as necessary to   administer this section.          SECTION 6.  Subchapter A, Chapter 252, Health and Safety   Code, is amended by adding Section 252.012 to read as follows:           Sec.   252.012.     NOTIFICATION OF REQUEST FOR BALLOT BY MAIL TO   CERTAIN RESIDENTS. (a) Following notification by an early voting   clerk under Section 84.014, Election Code, the commission shall   notify an intermediate care facility in writing of a request for a   ballot by mail submitted for a facility resident.           (b)     Upon receipt of the notification under Subsection (a), a   facility shall determine if the resident that requested the ballot   by mail has a legal guardian or has appointed an agent by a   statutory durable power of attorney or medical power of attorney.     If a legal guardian or agent has been appointed, the facility shall,   not later than the fifth business day after receiving the   notification, notify the guardian or agent of the resident that a   ballot by mail was requested on behalf of the resident.           (c)     The commission shall conduct an audit to determine   compliance with this section.   The audit must:                 (1)     include at least 2.5 percent of all licensed   facilities as of the date of each primary and general election for   state and county officers; and                 (2)     be conducted not later than the 45th day after the   date of each primary or general election for state and county   officers.           (d)     Nothing in this section may be construed to require an   intermediate care facility to contact a person described by   Subsection (b) who is not listed as a point of contact for a   resident in the facility's records.           (e)     The commission may adopt rules as necessary to   administer this section.          SECTION 7.  Section 252.035(a), Health and Safety Code, is   amended to read as follows:          (a)  The department, after providing notice and opportunity   for a hearing to the applicant or license holder, may deny, suspend,   or revoke a license if the department finds that the applicant or   license holder has :                 (1)   substantially failed to comply with the   requirements established under this chapter ; or                 (2)  failed to comply with Section 252.012 .          SECTION 8.  The changes in law made by this Act apply to an   application for a ballot to be voted by mail submitted on or after   the effective date of this Act.  An application for a ballot to be   voted by mail submitted before the effective date of this Act is   governed by the law in effect on the date the application was   submitted.          SECTION 9.  This Act takes effect September 1, 2025.