BILL ANALYSIS

Senate Research Center	C.S.S.B. 1938
	By: Bettencourt
	State Affairs
	4/3/2023
	Committee Report (Substituted)

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

In response to concerns that some voter registrars were not timely removing voters from the voter roll, S.B. 1113 was passed in the 87th Legislature. Federal and state laws require that voter rolls be accurately and currently maintained. 

S.B. 1113 required the Secretary of State (SOS) to withhold Chapter 19 funds if a voter registrar fails to timely perform a duty regarding the approval, change, or cancellation of a voter's registration. This remedy was limited to the cancellation subchapter. 

S.B. 1938 would extend the ability of SOS to withhold Chapter 19 funds, if anywhere in the code, the voter registrar fails to timely perform a duty regarding the approval, change, or cancellation of voter registration; the scheduling of a hearing under Section 16.064; determination of a challenge under Sections 16.066 and 16.095; or the delivery of a notice under Section 16.092.

(Original Author's/Sponsor's Statement of Intent)

C.S.S.B. 1938 amends current law relating to the failure of a voter registrar to comply with voter registration laws.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Transfers Section 16.039, Election Code, to Subchapter A, Chapter 12, Election Code, redesignates it as Section 12.007, Election Code, and amends it, as follows:

Sec. 12.007. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY. Redesignates existing Section 16.039 as Section 12.007. (a) Authorizes the secretary of state (SOS) to withhold funds administered and distributed by SOS under Chapter 19 (Financing Voter Registration) or Section 31.009 (Distribution of Certain Funds) from a registrar if the registrar fails to timely perform a duty imposed on the registrar under this code requiring:

(1) creates this subdivision from existing text;

(2) the scheduling of a hearing under Section 16.064 (Hearing on Challenge) or Section 16.093 (Hearing on Challenge);

(3) the determination of a challenge under Section 16.066 (Determination of Challenge) or 16.095 (Determination of Challenge); or

(4) the delivery of notice under Section 16.0921 (Confirmation Notice on Challenge Based on Residence).

Deletes existing text authorizing SOS, if a registrar fails to timely perform a duty imposed on the registrar under Subchapter B (Cancellation) requiring the approval, change, or cancellation of a voter's registration, to withhold funds administered and distributed by SOS under Chapter 19 or Section 31.009 from the registrar.

(b) Makes no changes to this subsection.

SECTION 2. Effective date: September 1, 2023.