H.B. No. 74
1-1 AN ACT
1-2 relating to certain processes and procedures connected with the
1-3 registration of voters; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.004, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 11.004. VOTING IN PRECINCT OF FORMER RESIDENCE. (a) A
1-8 registered voter who changes residence to another election precinct
1-9 in the same county, if otherwise eligible, may vote a full ballot
1-10 in the election precinct of former residence for one year <through
1-11 the 90th day> after the date of the change of residence or until
1-12 the voter's registration becomes effective in the new precinct,
1-13 whichever is earlier, if the voter resides in the county in which
1-14 the voter is registered and, if applicable:
1-15 (1) resides in the political subdivision served by the
1-16 authority ordering the election if the political subdivision is
1-17 other than the county; or
1-18 (2) resides in the territory covered by the election
1-19 in a less-than-countywide election ordered by the governor or a
1-20 county authority.
1-21 (b) Before being accepted to vote, the voter must execute
1-22 and submit to an election officer at the polling place a statement
1-23 including:
1-24 (1) a statement that the voter complies with the
2-1 applicable residence requirements prescribed by Subsection (a);
2-2 (2) the voter's residence address or, if the residence
2-3 has no address, the address at which the voter receives mail and a
2-4 concise description of the location of the voter's residence;
2-5 (3) the month, day, and year of the voter's birth; and
2-6 (4) the date the statement is submitted to the
2-7 election officer.
2-8 (c) The voter registrar shall provide to the general
2-9 custodian of election records a suitable number of statements of
2-10 residence for use in each applicable election.
2-11 (d) The voter registrar shall retain each statement of
2-12 residence on file with the voter's registration application <in an
2-13 election in which the ballot contains an office or proposition
2-14 stating a measure on which the qualified voters of both the former
2-15 and new precincts are eligible to vote>.
2-16 SECTION 2. Section 12.004, Election Code, is amended by
2-17 adding Subsection (d) to read as follows:
2-18 (d) If early voting by personal appearance is required to be
2-19 conducted for extended hours under Section 85.005(c) or for weekend
2-20 hours under Section 85.006(e), the registrar's office shall remain
2-21 open for providing voter registration information during the
2-22 extended hours or weekend hours that the main early voting polling
2-23 place is open for voting.
2-24 SECTION 3. Section 13.033(b), Election Code, is amended to
2-25 read as follows:
2-26 (b) If a person is to be appointed, the registrar shall
2-27 prepare a certificate of appointment in duplicate containing:
3-1 (1) the date of appointment;
3-2 (2) the statement: "I, ____________, Voter Registrar
3-3 for ____________ County, do hereby appoint ____________ as a
3-4 volunteer deputy registrar for ____________ County.";
3-5 (3) the person's residence address;
3-6 (4) the person's voter registration number, if any;
3-7 (5) a statement that the term of the appointment
3-8 expires December 31 of an even-numbered year; and
3-9 (6) a statement that the appointment terminates on the
3-10 person's final conviction for an offense for failure to deliver a
3-11 registration application and may terminate on the registrar's
3-12 determination that the person failed to adequately review a
3-13 registration application.
3-14 SECTION 4. Section 13.036, Election Code, is amended to read
3-15 as follows:
3-16 Sec. 13.036. TERMINATION OF APPOINTMENT. (a) An
3-17 appointment as a volunteer deputy registrar is terminated on:
3-18 (1) the expiration of the volunteer deputy's term of
3-19 appointment; or
3-20 (2) the final conviction of the volunteer deputy for
3-21 an offense prescribed by Section 13.043.
3-22 (b) The registrar may terminate the appointment of a
3-23 volunteer deputy registrar on a determination by the registrar that
3-24 the volunteer deputy failed to adequately review a registration
3-25 application as required by Section 13.039.
3-26 (c) <(b)> Immediately on the termination of an appointment,
3-27 the registrar shall deliver written notice of the termination to
4-1 the volunteer deputy, directing the deputy:
4-2 (1) to stop activity as a volunteer deputy registrar
4-3 immediately; and
4-4 (2) to deliver the certificate of appointment, receipt
4-5 forms, and registration applications and receipts in the volunteer
4-6 deputy's possession to the registrar not later than the second day
4-7 after the date the deputy receives the termination notice.
4-8 (d) <(c)> The registrar shall reject all registration
4-9 applications received by a person purporting to act as a volunteer
4-10 deputy registrar after the person's appointment is terminated.
4-11 (e) <(d)> The registrar may not reappoint a person whose
4-12 appointment as a volunteer deputy registrar is terminated under
4-13 Subsection (a)(2).
4-14 SECTION 5. Section 13.037(a), Election Code, is amended to
4-15 read as follows:
4-16 (a) A person may not receive compensation from the county
4-17 for service as a volunteer deputy registrar <serves without pay>
4-18 unless compensation is authorized by the commissioners court.
4-19 SECTION 6. Section 13.143(c), Election Code, is amended to
4-20 read as follows:
4-21 (c) A registration is effective until canceled under this
4-22 code.
4-23 SECTION 7. Section 14.025(a), Election Code, is amended to
4-24 read as follows:
4-25 (a) Not later than <Before> January 2 <1> of each
4-26 even-numbered year, the registrar shall deliver a copy of the list
4-27 of returned certificates to the secretary of state in the form
5-1 prescribed by the secretary.
5-2 SECTION 8. Section 15.002, Election Code, is amended by
5-3 adding Subsection (c) to read as follows:
5-4 (c) A voter registration certificate may contain a
5-5 jurisdictional or distinguishing number for any territorial unit in
5-6 which the voter resides, including a congressional district, state
5-7 senatorial district, state representative district, commissioners
5-8 precinct, justice precinct, city election precinct, or school
5-9 district election precinct.
5-10 SECTION 9. Section 15.022(a), Election Code, is amended to
5-11 read as follows:
5-12 (a) The registrar shall make the appropriate corrections in
5-13 the registration records, including, if necessary, deleting a
5-14 voter's name from the list of returned certificates:
5-15 (1) after receipt of a notice of a change in
5-16 registration information under Section 15.021;
5-17 (2) after receipt of a voter's reply to a notice of
5-18 investigation given under Section 16.033;
5-19 (3) after receipt of a registration omissions list and
5-20 any affidavits executed under Section 63.007, following an
5-21 election;
5-22 (4) after receipt of a voter's statement or affidavit
5-23 of residence executed under Section 11.004 or 14.052;
5-24 (5) before the effective date of the abolishment of a
5-25 county election precinct or a change in its boundary; or
5-26 (6) after receipt of United States Postal Service
5-27 information indicating an address reclassification.
6-1 SECTION 10. Section 15.025, Election Code, is amended to
6-2 read as follows:
6-3 Sec. 15.025. EFFECTIVE DATE OF REGISTRATION IN PRECINCT OF
6-4 NEW RESIDENCE. The registration of a voter whose residence is
6-5 changed on the registration records to another county election
6-6 precinct in the same county becomes effective in the precinct of
6-7 new residence on the 30th day after:
6-8 (1) the date the registrar receives a notice of a
6-9 change in registration information under Section 15.021 or a
6-10 voter's reply to a notice of investigation given under Section
6-11 16.033, as applicable, indicating the change of residence; or
6-12 (2) the date the voter submits a statement or an
6-13 affidavit indicating the change of residence to an election officer
6-14 under Section 11.004 or 14.052.
6-15 SECTION 11. Section 15.028, Election Code, is amended to
6-16 read as follows:
6-17 Sec. 15.028. NOTICE OF UNLAWFUL VOTING TO PROSECUTOR.
6-18 (a) If the registrar determines that a person who is not a
6-19 registered voter voted in an election, the registrar shall execute
6-20 and deliver to the county or district attorney having jurisdiction
6-21 in the territory covered by the election an affidavit stating the
6-22 relevant facts <notify the appropriate prosecuting attorney of that
6-23 fact>.
6-24 (b) If the election covers territory in more than one
6-25 county, the registrar shall also deliver an affidavit to the
6-26 attorney general.
6-27 SECTION 12. Section 16.003, Election Code, is amended to
7-1 read as follows:
7-2 Sec. 16.003. FELONY CONVICTION. (a) Each month both the
7-3 clerk of each court having felony jurisdiction and the
7-4 institutional division of the Texas Department of Criminal Justice
7-5 shall prepare an abstract of each final judgment of a court served
7-6 by the clerk or received by the institutional division, as
7-7 applicable, occurring in the month, convicting a person 18 years of
7-8 age or older who is a resident of the state of a felony.
7-9 (b) The clerk and the institutional division of the Texas
7-10 Department of Criminal Justice shall file each abstract with the
7-11 voter registrar of the person's county of residence not later than
7-12 the 10th day of the month following the month in which the abstract
7-13 is prepared.
7-14 SECTION 13. Section 16.037(b), Election Code, is amended to
7-15 read as follows:
7-16 (b) If, after canceling a voter's registration under Section
7-17 16.032, the registrar receives an affidavit of residence executed
7-18 by the voter under Section 14.052 at an election held before the
7-19 date the voter's registration was required to be canceled <August
7-20 16>, the registrar shall reinstate the registration.
7-21 SECTION 14. Section 18.006, Election Code, is amended to
7-22 read as follows:
7-23 Sec. 18.006. DELIVERY OF LISTS TO ELECTION AUTHORITIES. The
7-24 registrar shall deliver the lists furnished under this subchapter,
7-25 including the lists furnished under Section 18.007, to the
7-26 appropriate authority as soon as practicable after the request but
7-27 in every case in time for receipt before the beginning of early
8-1 voting by mail for the election in which the lists are to be used.
8-2 If those lists do not contain the names of all voters who will be
8-3 eligible to vote as of the beginning of early voting by personal
8-4 appearance, another set of the appropriate lists shall be delivered
8-5 before the beginning of early voting by personal appearance. If
8-6 those lists do not contain the names of all voters whose
8-7 registrations will be effective on election day, another set of the
8-8 appropriate lists shall be delivered as soon as practicable after
8-9 the registrar has processed the remaining applications.
8-10 SECTION 15. Section 18.008, Election Code, is amended by
8-11 adding Subsection (d) to read as follows:
8-12 (d) The copy must be accompanied by a written notice of the
8-13 criminal penalty prescribed by Section 18.009.
8-14 SECTION 16. Section 18.012, Election Code, is amended to
8-15 read as follows:
8-16 Sec. 18.012. SECRETARY OF STATE TO APPROVE COMPUTER SERVICES
8-17 CONTRACTS. (a) A county may not contract with a computer service
8-18 company or other private business entity for services related to
8-19 the lists required under this subchapter unless the programs,
8-20 equipment, or other materials to be covered by the contract are
8-21 approved by the secretary of state. The secretary may rescind
8-22 approval of the programs, equipment, or other materials at any
8-23 time, and on that action the contract is nullified to the extent
8-24 that it depends on the disapproved items.
8-25 (b) A computer service company or other private business
8-26 entity may not use modified programs, equipment, or other materials
8-27 under the contract unless the modifications are approved by the
9-1 secretary of state.
9-2 (c) A person commits an offense if the person violates
9-3 Subsection (b). An offense under this subsection is a Class A
9-4 misdemeanor.
9-5 SECTION 17. Section 18.041(c), Election Code, is amended to
9-6 read as follows:
9-7 (c) The registrar shall file the statement with the
9-8 secretary of state not later than January 2 <1>.
9-9 SECTION 18. Section 18.063, Election Code, is amended to
9-10 read as follows:
9-11 Sec. 18.063. INFORMATION FURNISHED BY REGISTRAR. (a) On or
9-12 after January 1 but before January 16 and on or after September 1
9-13 but before September 16 of each even-numbered year, each registrar
9-14 of a county that has not contracted with the secretary of state for
9-15 electronic data services to facilitate the implementation of the
9-16 registration service program shall deliver to the secretary of
9-17 state a list containing each new registration, canceled
9-18 registration, and change in registration information that has
9-19 occurred in the county since the delivery of the previous
9-20 <corresponding> list under this subsection or Subsection (b), as
9-21 applicable.
9-22 (b) Not more than once each calendar year, the secretary may
9-23 require the registrar of a county covered by Subsection (a) to
9-24 deliver to the secretary a complete list of the county's voter
9-25 registration information. The registrar shall deliver the list
9-26 within the period prescribed by the secretary.
9-27 (c) The information on the lists required by this section
10-1 <list> must be current as of the date of delivery. The secretary
10-2 shall use the information to update the state master file.
10-3 (d) <(b)> The secretary shall prescribe the form for the
10-4 lists required by this section.
10-5 SECTION 19. Section 18.064, Election Code, is amended to
10-6 read as follows:
10-7 Sec. 18.064. Sanction for Noncompliance. If a registrar
10-8 fails to substantially comply with Section 14.025, 16.032, 18.042,
10-9 or 18.063 <or 18.042> or with rules adopted by the secretary of
10-10 state implementing the registration service program, the registrar
10-11 is not entitled to receive state funds for financing voter
10-12 registration in the county.
10-13 SECTION 20. Sections 18.065(a), (b), and (c), Election Code,
10-14 are amended to read as follows:
10-15 (a) The secretary of state shall monitor each registrar for
10-16 substantial compliance with Sections 14.025, 16.032, 18.042, and
10-17 18.063 <and 18.042> and with rules implementing the registration
10-18 service program.
10-19 (b) On determining that a registrar is not in substantial
10-20 compliance, the secretary shall deliver written notice of the
10-21 noncompliance to:
10-22 (1) the registrar, including in the notice a
10-23 description of the violation and an explanation of the action
10-24 necessary for substantial compliance and of the consequences of
10-25 noncompliance; and
10-26 (2) the comptroller of public accounts, including in
10-27 the notice the identity of the noncomplying registrar.
11-1 (c) On determining that a noncomplying registrar has
11-2 corrected the violation and is in substantial compliance, the
11-3 secretary shall deliver written notice to the registrar and to the
11-4 comptroller that the registrar is in substantial compliance.
11-5 SECTION 21. Section 19.002(d), Election Code, is amended to
11-6 read as follows:
11-7 (d) The comptroller may not issue a warrant if on June 1 of
11-8 the year in which the warrant is to be issued the most recent
11-9 notice received by the comptroller from the secretary of state
11-10 under Section 18.065 indicates that the registrar is not in
11-11 substantial compliance with Section 14.025, 16.032, 18.042, or
11-12 18.063 <or 18.042> or with rules implementing the registration
11-13 service program.
11-14 SECTION 22. Section 32.113, Election Code, is amended by
11-15 adding Subsection (d) to read as follows:
11-16 (d) The governing body of the political subdivision shall
11-17 notify the voter registrar of each county in which the political
11-18 subdivision is situated of the date, hour, and place of each
11-19 session of the training program.
11-20 SECTION 23. Section 32.114(c), Election Code, is amended to
11-21 read as follows:
11-22 (c) The county clerk shall:
11-23 (1) post a notice of the time and place of each
11-24 session on the bulletin board used for posting notice of meetings
11-25 of the commissioners court and shall include on the notice a
11-26 statement that the program is open to the public;
11-27 (2) notify each presiding judge appointed by the
12-1 commissioners court of the time and place of each session and of
12-2 the duty of each election judge to complete the training program;
12-3 <and>
12-4 (3) notify the county chairman of each political party
12-5 in the county of the time and place of each session; and
12-6 (4) notify the voter registrar of the date, hour, and
12-7 place of each session.
12-8 SECTION 24. Section 66.0241, Election Code, is amended to
12-9 read as follows:
12-10 Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4
12-11 must contain:
12-12 (1) the precinct list of registered voters;
12-13 (2) the registration correction list;
12-14 (3) the registration omissions list; <and>
12-15 (4) any statements or affidavits executed under
12-16 Section 11.004 or 14.052; and
12-17 (5) any affidavits executed under Section<,> 63.007<,>
12-18 or 63.010.
12-19 SECTION 25. Sections 86.002(a) and (d), Election Code, are
12-20 amended to read as follows:
12-21 (a) The early voting clerk shall provide an official ballot
12-22 envelope and carrier envelope with each ballot provided to a voter.
12-23 In an election in which voters are authorized to vote on an
12-24 affidavit of residence under Section 14.052, the clerk shall
12-25 provide a form for a statement <the affidavit> of residence to each
12-26 affected voter.
12-27 (d) The secretary of state shall prescribe instructions to
13-1 be printed on the balloting materials for the execution and return
13-2 of a statement <an affidavit> of residence. A statement of
13-3 residence under this section is considered to be an affidavit of
13-4 residence for purposes of the other applicable provisions of this
13-5 code.
13-6 SECTION 26. Section 273.001, Election Code, is amended by
13-7 adding Subsection (c) to read as follows:
13-8 (c) On receipt of an affidavit under Section 15.028, the
13-9 county or district attorney having jurisdiction and, if applicable,
13-10 the attorney general shall investigate the matter.
13-11 SECTION 27. Sections 11.002 and 13.001, Election Code, are
13-12 amended to read as follows:
13-13 Sec. 11.002. QUALIFIED VOTER. In this code, "qualified
13-14 voter" means a person who:
13-15 (1) is 18 years of age or older;
13-16 (2) is a United States citizen;
13-17 (3) has not been determined mentally incompetent by a
13-18 final judgment of a court;
13-19 (4) has not been finally convicted of a felony or, if
13-20 so convicted, has:
13-21 (A) been issued <received a certificate of>
13-22 discharge papers by the pardons and paroles division or
13-23 institutional division of the Texas Department of Criminal Justice,
13-24 or by a federal or other state correctional institution or parole
13-25 board, or completed a period of probation ordered by any <a> court
13-26 and at least two years have elapsed from the date of the issuance
13-27 <receipt> or completion; or
14-1 (B) been pardoned or otherwise released from the
14-2 resulting disability to vote;
14-3 (5) is a resident of this state; and
14-4 (6) is a registered voter.
14-5 Sec. 13.001. ELIGIBILITY FOR REGISTRATION. (a) To be
14-6 eligible for registration as a voter in this state, a person must:
14-7 (1) be 18 years of age or older;
14-8 (2) be a United States citizen;
14-9 (3) not have been determined mentally incompetent by a
14-10 final judgment of a court;
14-11 (4) not have been finally convicted of a felony or, if
14-12 so convicted, must have:
14-13 (A) been issued <received a certificate of>
14-14 discharge papers by the pardons and paroles division or
14-15 institutional division of the Texas Department of Criminal Justice,
14-16 or by a federal or other state correctional institution or parole
14-17 board, or completed a period of probation ordered by any <a> court
14-18 and at least two years have elapsed from the date of the issuance
14-19 <receipt> or completion; or
14-20 (B) been pardoned or otherwise released from the
14-21 resulting disability to vote; and
14-22 (5) be a resident of the county in which application
14-23 for registration is made.
14-24 (b) To be eligible to apply for registration, a person must,
14-25 on the date the registration application is submitted to the
14-26 registrar, be at least 17 years and 10 months of age and satisfy
14-27 the requirements of Subsection (a) except for age.
15-1 SECTION 28. The changes in law made by this Act to Sections
15-2 11.002 and 13.001, Election Code, are intended to conform the
15-3 statutes to official opinions issued by the attorney general and
15-4 secretary of state.
15-5 SECTION 29. The changes in law made by this Act to Section
15-6 18.012, Election Code, apply only to a contract that is executed or
15-7 renewed on or after the effective date of this Act. A contract
15-8 that was executed and in force before that date is governed by the
15-9 law under which it was executed or renewed, and that law is
15-10 continued in effect for that purpose.
15-11 SECTION 30. (a) This section is intended only to clarify
15-12 legislative intent regarding the content of a voter registration
15-13 application as evidenced by Section 7, Chapter 442, Sections 2 and
15-14 3, Chapter 559, and Sections 1 and 2, Chapter 631, Acts of the 72nd
15-15 Legislature, Regular Session, 1991.
15-16 (b) Section 13.122, Election Code, is amended to read as
15-17 follows:
15-18 Sec. 13.122. ADDITIONAL ELEMENTS ON OFFICIAL FORM. (a) In
15-19 addition to the other statements and spaces for entering
15-20 information that appear on an officially prescribed registration
15-21 application form, each official form must include:
15-22 (1) the statement: "Applicant is a United States
15-23 citizen and a resident of the county and has not been finally
15-24 convicted of a felony or is a felon eligible for registration under
15-25 Section 13.001, Election Code. I understand that giving false
15-26 information to procure a voter registration is a misdemeanor.";
15-27 (2) a space for the applicant's registration number;
16-1 (3) a space for the applicant's <social security
16-2 number or> Texas driver's license number or number of a personal
16-3 identification card issued by the Department of Public Safety
16-4 <number or certificate number>;
16-5 (4) a space for the applicant's telephone number;
16-6 (5) a space for the applicant's social security
16-7 number; and
16-8 (6) <a space for the applicant's Texas driver's
16-9 license number or personal identification card or certificate
16-10 number; and>
16-11 <(7)> a statement indicating that the furnishing of
16-12 the applicant's driver's license number, personal identification
16-13 card <election precinct> number, telephone number, and social
16-14 security number<, and driver's license or personal identification
16-15 card or certificate number> is optional.
16-16 (b) The term "residence address" may not be modified on an
16-17 official registration application form by terms other than those
16-18 comprising the specific elements of a residence address.
16-19 (c) If it becomes permissible under federal law to require
16-20 an applicant for registration who has a social security number to
16-21 furnish the number, the secretary of state may implement that
16-22 requirement.
16-23 (c) Section 13.002(c), Election Code, is amended to read as
16-24 follows:
16-25 (c) A registration application must include:
16-26 (1) the applicant's name as follows:
16-27 (A) first name, middle name, if any, and
17-1 surname; or
17-2 (B) first name, maiden name, and husband's
17-3 surname if the applicant is a married woman using the husband's
17-4 surname;
17-5 (2) the applicant's sex;
17-6 (3) the month, day, and year of the applicant's birth;
17-7 (4) a statement that the applicant is a United States
17-8 citizen;
17-9 (5) if the applicant is a naturalized citizen, the
17-10 location of the court of naturalization;
17-11 (6) a statement that the applicant is a resident of
17-12 the county;
17-13 (7) a statement that the applicant has not been
17-14 finally convicted of a felony or that the applicant is a felon
17-15 eligible for registration under Section 13.001<(a)(4)>;
17-16 (8) if the applicant is currently registered in
17-17 another county, the name of that county and the applicant's
17-18 residence address on the registration certificate for that county;
17-19 (9) the applicant's residence address or, if the
17-20 residence has no address, the address at which the applicant
17-21 receives mail and a concise description of the location of the
17-22 applicant's residence;
17-23 (10) if the application is made by an agent, a
17-24 statement of the agent's relationship to the applicant; and
17-25 (11) the city or county and state, or foreign country,
17-26 in which the applicant was born.
17-27 SECTION 31. This Act takes effect September 1, 1993.
18-1 SECTION 32. The importance of this legislation and the
18-2 crowded condition of the calendars in both houses create an
18-3 emergency and an imperative public necessity that the
18-4 constitutional rule requiring bills to be read on three several
18-5 days in each house be suspended, and this rule is hereby suspended.