1-1 By: Carriker S.B. No. 1013 1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read 1-3 first time and referred to Subcommittee on Elections and Ethics; 1-4 April 22, 1993, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 4, Nays 0; April 22, 1993, 1-6 sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Carriker x 1-10 Harris of Dallas x 1-11 Ellis x 1-12 Henderson x 1-13 Luna x 1-14 Parker x 1-15 Wentworth x 1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1013 By: Carriker 1-17 A BILL TO BE ENTITLED 1-18 AN ACT 1-19 relating to procedures regarding the cancellation of the voter 1-20 registrations of persons whose names appear on the lists of 1-21 returned registration certificates. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. Section 16.032, Election Code, is amended to read 1-24 as follows: 1-25 Sec. 16.032. CANCELLATION FOLLOWING RETURN OF RENEWAL 1-26 CERTIFICATE. (a) As soon as practicable after the return of the 1-27 undelivered renewal certificates but not later than May 15 of each 1-28 even-numbered year, the registrar shall deliver by mail a notice of 1-29 potential cancellation to each voter whose name appears on the list 1-30 of returned certificates and whose name is not to be deleted from 1-31 the list under Section 15.023. The notice must be forwardable and 1-32 must be mailed to the mailing address on the voter's registration 1-33 application or to the voter's new address, if known. The notice 1-34 must state that the voter's registration will be canceled on the 1-35 following August 16 unless the voter: 1-36 (1) delivers to the registrar a written, signed notice 1-37 of: 1-38 (A) corrected registration information, 1-39 including the voter's residence address, by using the appropriate 1-40 space on the voter's registration certificate or, if the voter does 1-41 not have the certificate, by using a voter registration application 1-42 form or a letter or other paper; or 1-43 (B) information indicating that the voter's 1-44 renewal registration certificate was returned undelivered to the 1-45 registrar solely because of postal service error, address 1-46 reclassification, or the registrar's clerical error; or 1-47 (2) executes, at an election held before August 16, an 1-48 affidavit of residence. 1-49 (b) The registrar may not cancel a voter's registration 1-50 under Subsection (c) unless a notice was delivered to the voter in 1-51 compliance with Subsection (a). 1-52 (c) If on August 16 of an even-numbered year a registered 1-53 voter's name appears on the list of returned certificates, the 1-54 registrar shall cancel the voter's registration unless: 1-55 (1) the name is to be deleted from the list under 1-56 Section 15.023; or 1-57 (2) the registrar before that date receives a notice 1-58 from the voter under Subsection (a) or the voter's affidavit of 1-59 residence executed under Section 14.052. 1-60 (d) The expense of implementing Subsection (a) is an expense 1-61 of the registrar's office in connection with voter registration 1-62 under Section 19.004. 1-63 SECTION 2. This Act takes effect September 1, 1993. 1-64 SECTION 3. The importance of this legislation and the 1-65 crowded condition of the calendars in both houses create an 1-66 emergency and an imperative public necessity that the 1-67 constitutional rule requiring bills to be read on three several 1-68 days in each house be suspended, and this rule is hereby suspended. 2-1 * * * * * 2-2 Austin, 2-3 Texas 2-4 April 22, 1993 2-5 Hon. Bob Bullock 2-6 President of the Senate 2-7 Sir: 2-8 We, your Subcommittee on Elections and Ethics to which was referred 2-9 S.B. No. 1013, have had the same under consideration, and I am 2-10 instructed to report it back to the Senate with the recommendation 2-11 that it do not pass, but that the Committee Substitute adopted in 2-12 lieu thereof do pass and be printed. 2-13 Carriker, 2-14 Chairman 2-15 * * * * * 2-16 WITNESSES 2-17 FOR AGAINST ON 2-18 ___________________________________________________________________ 2-19 Name: Javier Guajardo x 2-20 Representing: Office of the Atty. General 2-21 City: Austin 2-22 ------------------------------------------------------------------- 2-23 Name: Tom Harrison x 2-24 Representing: Sec. of State John Hannah, Jr. 2-25 City: Austin 2-26 -------------------------------------------------------------------