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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 82(R)

House Bill 174

House Author:  Jackson, Jim et al.

Effective:  9-1-11

Senate Sponsor:  Duncan


            House Bill 174 amends provisions of the Election Code and Government Code to revise procedures for verifying persons who are deceased or not citizens of the United States for purposes of establishing a person's ineligibility to vote or canceling a person's voter registration. The bill includes the secretary of state among the individuals with whom the local registrar of deaths is required to file a monthly abstract of each death certificate issued in the month for a decedent 18 years of age or older who was a Texas resident at the time of death and among the individuals with whom the clerk of each court having probate jurisdiction is required to file a monthly abstract of each application for probate of a will, the administration of a decedent's estate, or the determination of heirship and each affidavit relating to the collection of small estates. The bill requires the secretary of state quarterly to compare the monthly abstracts and the list of persons excused or disqualified from jury service on the basis of citizenship to the statewide computerized voter registration list.  The bill requires the secretary of state to send notice of a determination that a voter on the registration list is deceased or has been excused or disqualified from jury service on the basis of noncitizenship. The bill adds to the conditions under which a registrar is required to immediately cancel a voter's registration receipt of notice from the secretary of state that the voter is deceased.  The bill adds the secretary of state's comparison of information regarding ineligibility to the uses of a list of persons excused or disqualified because of citizenship that are not prohibited.

            House Bill 174 includes the secretary of state and the county or district attorney, as applicable, among the individuals to whom the clerk of the court is required each month to send a copy of the list of persons excused or disqualified from jury service on the basis of noncitizenship. The bill adds to the information required to be included in a written summons for jury duty, if the summons allows a person to claim a disqualification or exemption from jury duty based on noncitizenship, the fact that claiming such a disqualification means the person will no longer be eligible to vote if the person fails to provide proof of citizenship.