89th Legislature

SB 16

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 16 amends the Texas Election Code to require individuals who wish to register to vote to submit documented proof of United States citizenship. The bill modifies Section 13.002 of the Election Code by adding subsections (a-1) and (a-2), which outline acceptable forms of documentation. These include a U.S. passport, birth certificate, citizenship papers, federal identification related to immigration status, or for those born abroad, a consular report of birth abroad. The bill also applies to individuals registering through the Department of Public Safety (DPS) under Chapter 20, allowing them to submit the required documentation directly to DPS.

In addition, the bill creates a new Section 13.0391, requiring volunteer deputy registrars to notify applicants that proof of citizenship will be required if their citizenship status cannot be verified through the state's identification systems. This provision aims to ensure that applicants are aware of their obligation and the types of documents that will fulfill it.

The legislation effectively adds a new verification step to the voter registration process in Texas, focusing on ensuring that only U.S. citizens are permitted to vote. The bill reflects a growing emphasis on election integrity by requiring documentary proof of citizenship at the time of registration rather than relying solely on sworn affirmations or indirect database verifications.

The Committee Substitute for SB 16 and the original filed version both aim to require proof of U.S. citizenship for voter registration in Texas. However, there are several important differences between them in terms of scope, enforcement mechanisms, and the complexity of implementation.

The original version included extensive provisions for enforcement, verification, and tracking. It not only mandated proof of citizenship at the point of registration but also set up a comprehensive verification regime for existing registrants. This included requiring county registrars to cross-reference various federal and state databases to verify citizenship and limiting voters whose citizenship couldn't be verified to voting only a "limited federal ballot." It also created criminal offenses for voter registration without verification, imposed felony penalties on election officials for non-compliance, and gave investigatory powers to the Attorney General with provisions for prosecution. Additionally, the bill amended multiple sections of the Election Code to formalize the limited ballot process and mandated markings in the voter rolls for unverified voters.

In contrast, the Committee Substitute significantly narrows the bill. It retains the core requirement that new applicants provide one of a set of documents proving citizenship but eliminates many of the original's more sweeping measures. The substitute bill removes the broader verification mandates for existing voters, the felony criminal penalties for officials, and the complex framework for limited ballot voting. It instead focuses on the application process itself, requiring applicants to submit proof or allow the Department of Public Safety to verify their documents if registering through DPS. It also requires volunteer deputy registrars to inform applicants of the proof-of-citizenship requirement but explicitly bars them from handling the documents themselves.

In summary, the Committee Substitute streamlines SB 16, making it less punitive and less administratively burdensome than the original version. While it still mandates documentary proof of citizenship for registration, it drops many of the enforcement and retroactive verification mechanisms that were included in the introduced version. This makes the substitute version more narrowly tailored and likely more practical to implement.

Author
Bryan Hughes
Paul Bettencourt
Brian Birdwell
Donna Campbell
Brandon Creighton
Peter Flores
Brent Hagenbuch
Bob Hall
Kelly Hancock
Adam Hinojosa
Joan Huffman
Phil King
Lois Kolkhorst
Mayes Middleton
Robert Nichols
Tan Parker
Angela Paxton
Charles Perry
Charles Schwertner
Kevin Sparks
Sponsor
Carrie Isaac
Co-Sponsor
Daniel Alders
Jeffrey Barry
Cecil Bell, Jr.
Keith Bell
Ben Bumgarner
Briscoe Cain
David Cook
Charles Cunningham
Drew Darby
Jay Dean
Mano DeAyala
Mark Dorazio
James Frank
Gary Gates
Stan Gerdes
Ryan Guillen
Cody Harris
Richard Hayes
Cole Hefner
Todd Hunter
Helen Kerwin
Marc LaHood
Brooks Landgraf
Terri Leo-Wilson
Mitch Little
Janie Lopez
A.J. Louderback
John Lujan
Shelley Luther
Don McLaughlin
William Metcalf
Morgan Meyer
Brent Money
Tom Oliverson
Angelia Orr
Jared Patterson
Dennis Paul
Katrina Pierson
Joanne Shofner
Shelby Slawson
John Smithee
David Spiller
Valoree Swanson
Carl Tepper
Tony Tinderholt
Steve Toth
Gary Vandeaver
Cody Vasut
Denise Villalobos
Wesley Virdell
Trey Wharton
Terry Wilson
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 16 is projected to result in a negative impact of approximately $1.05 million to the state’s General Revenue Fund over the 2026–2027 biennium. Most of this cost stems from implementation and administrative needs within the Secretary of State’s (SOS) office to carry out the bill’s new requirements for voter citizenship verification.

Key expenditures include the modification of the Texas Election Administration Management (TEAM) system, which will require roughly 2,281 hours of technical development, testing, and project management at an estimated one-time cost of $419,931 in the fiscal year 2026. This system update is essential to record whether voter registration applicants have submitted citizenship documentation. Additional annual costs for system maintenance and data storage are expected to be around $84,000 per year, beginning in 2026.

The SOS also projects the need for two new full-time employees (FTEs)—Program Specialist V positions—to manage the increased workload from citizenship verification procedures and coordination with county registrars. These roles will cost approximately $70,662 per FTE annually, plus benefits and setup costs.

Other state agencies, such as the Health and Human Services Commission, Office of the Attorney General, Comptroller, and Department of Public Safety, do not anticipate significant fiscal impacts and believe any additional workload can be absorbed within their existing budgets. However, the impact on local governments—particularly in terms of correctional resources due to new criminal penalties created by the bill—may be significant but cannot be precisely estimated.

In sum, while the bill does not demand large-scale state spending, it does impose new administrative and technological costs on the SOS, representing the majority of its fiscal burden.

Vote Recommendation Notes

SB 16 is a robust effort to bolster the integrity of Texas elections by requiring documentary proof of U.S. citizenship (DPOC) during voter registration. The bill amends multiple provisions of the Election Code and introduces new mechanisms to ensure only eligible citizens can register and cast full ballots. It addresses concerns raised by previous instances of non-citizen voter registration, especially through paper forms not verifiable by current federal standards.

From a liberty-focused perspective, SB 16 supports the principles of individual liberty and personal responsibility by emphasizing that civic participation in voting requires individual accountability to establish one’s eligibility. It limits potential election interference without infringing on the rights of verified citizens. Furthermore, by creating a pathway for voters who do not initially provide DPOC to submit documentation later or be verified through official databases, the bill avoids blanket disenfranchisement, thus preserving fundamental rights.

The bill also respects the principle of limited government in its final form. While it introduces new verification duties for the Secretary of State, voter registrars, and even the Attorney General, these responsibilities are targeted and focused on election integrity without creating expansive bureaucracies. Moreover, it aligns with long-standing Republican Party of Texas platform goals on secure elections and mirrors concerns shared nationally about voter roll maintenance.

The fiscal note indicates a modest cost to the state, primarily through technological updates and staffing at the Secretary of State's office. However, these expenses are relatively low compared to the long-term benefits of improved voter roll accuracy and reduced exposure to legal challenges involving election fraud. While local governments may face some enforcement costs, the bill allows for the use of existing infrastructure, and most agencies expect to absorb new demands without needing additional funds.

In summary, SB 16 achieves a careful balance: it raises the bar for registration integrity while protecting voter access for legitimate citizens. It reinforces liberty principles without unjustified state overreach, and as such, Texas Policy Research recommends that lawmakers vote YES on SB 16.

  • Individual Liberty: The bill reinforces the concept of individual liberty by safeguarding the integrity of the electoral process, which is foundational to a free society. By ensuring only U.S. citizens can vote in Texas elections, it upholds the value of each citizen’s vote and the legitimacy of representation. However, requiring documentary proof of citizenship could be burdensome for some eligible voters, potentially making it harder for them to exercise their voting rights—especially those without easy access to documentation. The bill does provide for post-registration verification and limited ballot participation, which helps mitigate this concern.
  • Personal Responsibility: The legislation clearly aligns with personal responsibility by placing the onus on the individual to prove their citizenship when registering to vote. This reflects a principle that civic rights, such as voting, come with responsibilities—including verifying eligibility. The multiple opportunities to submit documentation, even after registration, show the bill seeks compliance rather than punishment.
  • Free Enterprise: The bill does not directly regulate economic activity or market freedoms. However, it may impose minor economic burdens on individuals needing to obtain official documents (e.g., certified birth certificates or passports). Additionally, some counties may experience increased administrative workload, although the bill doesn't impose heavy costs on private enterprise.
  • Private Property Rights: There is no discernible effect on property rights. The bill deals solely with eligibility for voting and does not touch on ownership, land use, or individual control over property.
  • Limited Government: The bill expands the role of the Secretary of State, voter registrars, and the Attorney General by tasking them with new verification duties and reporting protocols. This could be seen as expanding state oversight. However, the mechanisms are narrowly tailored to verifying citizenship and are structured with safeguards, including limited ballot provisions and federal coordination attempts. The bill doesn't create new agencies or broad regulatory powers, which keeps it within a relatively restrained governmental framework.
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