74(R) HB 127 Senate Committee Report

BILL ANALYSIS

H.B. 127
By: Danburg (Ellis)
State Affairs
05-22-95
Senate Committee Report (Unamended)
BACKGROUND

The U.S. Congress passed the National Voter Registration Act (NVRA)
in the spring of 1993. In 1994, the secretary of state promulgated
rules for the implementation of the NVRA in Texas. The NVRA is a
federal act which requires various state agencies to follow
procedures for voter registration. The NVRA requires government
agencies to afford citizens a chance to register to vote each time
they contract services of the state through government agencies.
NVRA also provides for fail-safe voting which affords registered
voters more opportunity to vote in elections.
PURPOSE

As proposed, H.B. 127 provides for the implementation of the
National Voter Registration Act of 1993 and to related election
processes and procedures; provides criminal penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the secretary of state under SECTION 4 (Section 13.046(d),
Election Code), SECTION 5 (Section 13.104(c), Election Code),
SECTION 6 (Section 13.122(a), Election Code), SECTION 15 (Section
15.051(d), Election Code), SECTION 33 (Sections 20.009, 20.036(e),
and 20.121, Election Code) and SECTION 35 (Sec. 31.007(c), Election
Code), to the Department of Public Safety under SECTION 33 (Section
20.062(a), Election Code) and to the secretary of state under
SECTION 32 (Section 19.004, Election Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 11.004, Election Code, as follows:

Sec. 11.004. VOTING IN PRECINCT OF FORMER RESIDENCE.
Authorizes a registered voter who changes residence to another
election precinct in the same county to vote a full ballot in
the election precinct of former residence until the voter's
registration becomes effective in the new precinct, rather
than for one year after the date of the change of residence,
if the voter satisfies the residence requirements prescribed
by Section 63.0011 and submits a statement of residence in
accordance with that section, rather than resides in the
county in which the voter is registered and meets other
applicable standards. Deletes existing Subsections (b)-(d).

SECTION 2. Amends Sections 13.002(c) and (d), Election Code, to
change the requirements in a registration application to include
the applicant's last name and former name; a statement that the
applicant has not been determined mentally incompetent by a final
judgment of a court; and the city and county, rather than the state
or foreign country, in which the applicant formerly resided.
Deletes existing Subdivisions (2), (5), and (8). Makes
nonsubstantive and conforming changes.

SECTION 3. Amends Section 13.007, Election Code, by adding
Subsection (c), to provide that an offense under this section is
considered to be perjury, but may be prosecuted only under this
section.

SECTION 4. Amends Sections 13.046(d) and (f), Election Code, to
require a high school deputy registrar, at least twice each school
year, rather than during the final month of each school semester,
to distribute an officially prescribed registration application
form to each student who is or will be 18 years of age or older
during that year, rather than semester, subject to rules prescribed
by the secretary of state. Deletes the provision that Section
13.040 applies to the submission and delivery of registration
application under this section.

SECTION 5. Amends Chapter 13D, Election Code, by adding Section
13.104, as follows:

Sec. 13.104. OPTIONAL STORAGE METHOD. (a) Authorizes the
registrar, instead of keeping the original registration
applications and supporting documentation as required by this
title, to record the applications and documentation on an
optical disk or other computer storage medium approved by the
secretary of state.

(b) Requires the storage medium to allow for the creation of
a copy of an application or supporting documentation.

SECTION 6. Amends Section 13.122(a), Election Code, to set forth
amendments to the information each official form must include, in
addition to other statements and spaces for entering information
that appear on an officially prescribed registration application
form.

SECTION 7. Amends Chapter 13F, Election Code, by adding Section
13.146, as follows:

Sec. 13.146. CONFIRMATION NOTICE ON RETURN OF INITIAL
CERTIFICATE. (a) Requires the registrar, if an initial
certificate delivered to the applicant by mail is returned to
the registrar undelivered, to deliver to the applicant a
confirmation notice in accordance with Section 15.051.

(b) Requires the registrar, if the applicant fails to
deliver a response to the registrar in accordance with
Section 15.053, to enter the applicant's name on the
suspense list.

SECTION 8. Amends Section 14.001(a), Election Code, to require the
registrar to issue a voter registration certificate to each voter
in the county whose registration is effective on the preceding
November 14 and whose name does not appear on the suspense list.

SECTION 9. Amends Sections 14.021, 14.022, and 14.023, Election
Code, as follows:

Sec. 14.021. New heading: DISPOSITION OF RETURNED RENEWAL
CERTIFICATE. Redesignates existing Section 14.022. Deletes
existing Section 14.021. Requires the registrar, on the return
to the registrar of an undelivered renewal certificate that
was mailed to a voter, to file the certificate with the
voter's registration application and, not later than January
2 following the mailing of certificates, enter the voter's
name on the suspense list, rather than the list of returned
certificates.

Sec. 14.022. ERRONEOUS RETURN OF RENEWAL CERTIFICATE.
Redesignates existing Section 14.023. Makes a conforming
change.

Sec. 14.023. CONFIRMATION NOTICE AFTER RETURN OF RENEWAL
CERTIFICATE. (a) Requires the registrar, after January 1 but
not later than March 1 of each even-numbered year, to deliver
a confirmation notice in accordance with Section 15.051 to
each voter whose name appears on the suspense list under this
subchapter.

(b) Provides that if the voter fails to deliver a response
to the registrar in accordance with Section 15.053, the
voter's name remains on the suspense list.

SECTION 10. Amends Section 15.001(a), Election Code, to add to
the requirements of each voter registration certificate issued, a
statement explaining the circumstances under which the voter will
receive a new certificate, rather than every two years as long as
the voter's registration is not canceled. Makes a conforming
change.

SECTION 11. Amends Section 15.002, Election Code, by adding
Subsection (d), to authorize a voter registration certificate to
contain the voter's sex.

SECTION 12. Amends Section 15.022(a), Election Code, to add to
the provisions under which the registrar shall make corrections in
the registration records, after receipt of a voter's response under
Section 15.053 or after receipt of a registration application or
change of address under Chapter 20. Makes a conforming change.

SECTION 13. Amends Section 15.023, Election Code, as follows:

Sec. 15.023. New heading: TIME FOR CERTAIN DELETIONS FROM
SUSPENSE LIST. Makes a conforming change.

SECTION 14. Amends Section 15.025, Election Code, to provide
that the registration of a voter whose residence is changed on the
registration records to another county election precinct in the
same county becomes effective in the precinct of new residence 30
days after:

(1) the date the registrar receives a notice of a change in
registration information under Section 15.021 or a voter's
response, rather than reply to a notice of investigation
given, under Section 15.053, indicating the change of
residence; or

(2) the date the voter submits a statement, rather than an
affidavit indicating the change, of residence to an election
officer under Section 63.0011, rather than Section 11.004 or
14.052, or a registration application or change of address to
an agency employee under Chapter 20, indicating the change of
residence.

SECTION 15. Amends Chapter 15, Election Code, by redesignating
Subchapter C as Subchapter F and adding Subchapters C-E, as
follows:

SUBCHAPTER C. CONFIRMATION OF RESIDENCE

Sec. 15.051. CONFIRMATION NOTICE. (a) Requires the registrar,
if the registrar has reason to believe that a voter's current
residence is different from that indicated on the registration
records, to deliver to the voter a written confirmation notice
requesting confirmation of the voter's current residence.

(b) Requires the registrar to include an official
confirmation notice response form with each confirmation
notice delivered to a voter.

(d) Requires the registrar to maintain a list of the
confirmation notices mailed to voters, which for each notice
must include the voter's name and the date the notice is
mailed. Requires the registrar to maintain and retain the
list in accordance with rules prescribed by the secretary of
state.

Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
NOTICE RESPONSE FORMS. (a) Sets forth the officially
prescribed form for a confirmation notice.

(b) Requires the official confirmation notice response form
to be postage prepaid and preaddressed for delivery to the
registrar.

(c) Authorizes the registrar to prescribe a different design
from that prescribed by the secretary of state for an
official form, if approved by the secretary.

Sec. 15.053. RESPONSE TO CONFIRMATION NOTICE. (a) Requires a
voter, no later than 30 days after a confirmation notice is
mailed, to deliver to the registrar a written, signed response
to the notice that confirms the voter's current residence.

(b) Requires the voter to use an official confirmation
notice response form for the response unless the voter does
not have possession of the official form at the time of
making the response.

SUBCHAPTER D. SUSPENSE LIST

Sec. 15.081. SUSPENSE LIST. (a) Requires the registrar to
maintain a suspense list containing the name of each voter who
fails to deliver a response to the registrar in accordance
with Section 15.053 or whose renewal certificate is returned
to the registrar in accordance with Chapter 14B.

(b) Requires the list to be arranged alphabetically by voter
name and for each voter to contain the voter's name,
residence address, date of birth, registration number, and
date the name is entered on the list. Requires the names to
be grouped according to county election precincts.

Sec. 15.082. AVAILABILITY OF REGISTRAR'S LIST. (a) Requires
the registrar to furnish a copy of the suspense list to any
person requesting it or to furnish that portion of the list
requested.

(b) Provides that the fee for each list or portion of list
furnished under this section may not exceed the actual
expense incurred in reproducing the list or portion for the
person requesting it and shall be uniform for each type of
copy furnished. Requires the registrar to make reasonable
efforts to minimize the reproduction expenses.

(c) Requires the copy, if the list is recorded on magnetic
tape, to be furnished in the form of a tape or a printout,
as requested.

(d) Requires the registrar to use fees collected under this
section to defray expenses incurred in the preparation of
the copy.

Sec. 15.083. DELIVERY OF LIST TO SECRETARY OF STATE. (a)
Authorizes the secretary of state to require the registrar to
deliver a copy of the suspense list to the secretary in the
form prescribed by the secretary.

(b) Requires the registrar to deliver the list within the
period prescribed by the secretary of state.
Sec. 15.084. AVAILABILITY OF SECRETARY OF STATE'S LIST. (a)
Requires the secretary of state to furnish a copy of a
suspense list delivered under Section 15.083 to any person
requesting it or to furnish that portion of the list
requested.

(d) Requires the secretary of state to use fees collected
under this section to defray expenses incurred in the
preparation of the copy.

Sec. 15.085. UNLAWFUL USE OF INFORMATION ON SUSPENSE LISTS.
(a) Provides that a person commits an offense if the person
uses information in connection with advertising or promoting
commercial products or services that the person knows was
obtained under Section 15.082 or 15.084.

(b) Provides that an offense under this section is a Class
A misdemeanor.

SUBCHAPTER E. VOTING ON STATEMENT OF RESIDENCE

Sec. 15.111. NOTATION ON LIST OF REGISTERED VOTERS. (a)
Requires the registrar to enter the notation "S" or a similar
notation approved by the secretary of state, on the list of
registered voters beside each voter's name that also appears
on the suspense list.

(b) Requires the registrar to delete the notation from the
list if the voter's name is deleted from the suspense list.

Sec. 15.112. AUTHORIZATION TO VOTE ON STATEMENT. Authorizes a
voter whose name appears on a precinct list of registered
voters with the notation "S", in an election held on or after
the date the voter's name is entered on the suspense list and
before November 30 following the second general election for
state and county officers that occurs after the beginning of
the period, to vote in the election precinct in which the list
is used if the voter satisfies the residence requirements
prescribed by Section 63.0011 and submits a statement of
residence in accordance with that section.

SUBCHAPTER F. CERTIFICATE FILES (Redesignates existing Subchapter
C)

Sec. 15.141. ACTIVE CERTIFICATE FILE. Redesignates existing
Section 15.051.

Sec. 15.142. INACTIVE CERTIFICATE FILE. Redesignates existing
Section 15.052.

Sec. 15.143. MAINTENANCE OF FILES AS ELECTRONIC DATA-PROCESSING INFORMATION. Redesignates existing Section 15.053.

Sec. 15.144. PLACE FOR KEEPING FILES; SECURITY. Redesignates
existing Section 15.054.

SECTION 16. Amends Section 16.031(a), Election Code, to make a
conforming change.

SECTION 17. Amends Section 16.032, Election Code, as follows:

Sec. 16.032. New heading: CANCELLATION FOLLOWING END OF
SUSPENSE LIST PERIOD. Requires the registrar, if on November
30 following the second general election for state and county
officers that occurs after the date the voter's name is
entered on the suspense list, rather than August 16 of an even
numbered year, a registered voter's name appears on the
suspense list, to cancel the voter's registration unless the
name is to be deleted from the list under Section 15.023.
Makes a conforming change.

SECTION 18. Amends Sections 16.033(a), (b), (c), and (e),
Election Code, to provide that this section does not authorize an
investigation of eligibility that is based solely on residence.
Prohibits a voter's registration from being canceled under
Subsection (d) if the voter's name appears on the suspense list
unless the notice mailed to the voter indicated that the registrar
had reason to believe that the voter is not eligible for
registration because of a ground other than a ground based on
residence. Makes nonsubstantive and conforming changes.

SECTION 19. Amends Chapter 16B, Election Code, by adding Section
16.0331, as follows:

Sec. 16.0331. CANCELLATION ON REQUEST BY VOTER. (a) Requires
a voter desiring to cancel the voter's registration to submit
to the registrar a written, signed request for the
cancellation. Prohibits a request from being submitted by an
agent.

(b) Requires the registrar to cancel a voter's registration
immediately on receipt of a request under Subsection (a).

SECTION 20. Amends Section 16.036(a), Election Code, to make
nonsubstantive and conforming changes.

SECTION 21. Amends Section 16.037(b), Election Code, to make
nonsubstantive and conforming changes.

SECTION 22. Amends Section 16.091, Election Code, to make a
conforming change.

SECTION 23. Amends Chapter 16D, Election Code, by adding Section
16.0921, as follows:

Sec. 16.0921. CONFIRMATION NOTICE ON CHALLENGE BASED ON
RESIDENCE. (a) Requires the registrar, on the filing of a
sworn statement under Section 16.092 alleging a ground based
on residence, to deliver to the voter whose registration is
challenged a confirmation notice.

(b) Requires the registrar, if the voter fails to deliver a
response to the registrar in accordance with Section 15.053,
to enter the voter's name on the suspense list.

SECTION 24. Amends Section 16.093(a), Election Code, to make
conforming changes.

SECTION 25. Amends Section 18.005(a), Election Code, to make
conforming changes.

SECTION 26. Amends Section 18.008(a), Election Code, to require
the copy to be furnished without the names of voters whose names
appear on a list with the notation "S" if requested in that form.

SECTION 27. Amends Section 18.041, Election Code, to require the
secretary of state to prescribe the categories of voters and
computations required in the statement. Makes a conforming change.

SECTION 28. Amends Section 18.042, Election Code, to make a
conforming change.

SECTION 29. Amends Chapter 18B, Election Code, by adding Section
18.043, as follows:

Sec. 18.043. STATEMENT REQUIRED UNDER FEDERAL LAW. (a)
Requires the registrar, at the times prescribed by the
secretary of state, to deliver to the secretary a statement
containing the voter registration information determined by
the secretary to be necessary to comply with reporting
requirements prescribed under federal law.

(b) Requires the secretary of state to prescribe the form,
content, and procedure for each statement required under
this section.

(c) Requires the registrar to maintain the information
required for the statements in accordance with procedures
prescribed by the secretary of state.

SECTION 30. Amends Section 18.062(c), Election Code, to make
nonsubstantive and conforming changes.

SECTION 31. Amends Section 18.063(a), Election Code, to require
certain registrars, on or after the first day but before the 16th
day of January, March, June, September, and December of each year,
rather than even numbered year, to deliver to the secretary of
state a list containing new, canceled, and changes in, registration
information.

SECTION 32. Amends Section 19.004, Election Code, to authorize
state funds disbursed under this chapter to be used only to defray
expenses of the registrar's office in connection with voter
registration, including additional expenses related to
implementation of 42 U.S.C. Section 1973gg et seq. (National Voter
Registration Act of 1993). Requires the secretary of state to
specify the procedures that result in additional expenses and that
are required to implement that federal law.

SECTION 33. Amends Title 2, Election Code, by adding Chapter 20,
as follows:

CHAPTER 20. VOTER REGISTRATION AGENCIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES. (a)
Sets forth state agencies designated as voter registration
agencies.

(b) Designates the Department of Public Safety (DPS) as a
voter registration agency.

(d) Designates each marriage license office of the county
clerk as a voter registration agency.

(e) Requires the secretary of state to designate other
agencies or offices as voter registration agencies as
necessary for compliance with federal law.

Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION FORM.
Authorizes a voter registration agency to use an official form
prescribed by the agency, if approved by the secretary of
state.

Sec. 20.003. OFFICIAL DECLINATION OF REGISTRATION FORM. Sets
forth the officially prescribed form for a declination of a
voter registration.

Sec. 20.004. AGENCY COORDINATOR. (a) Requires a voter
registration agency to designate one or more persons to
coordinate the agency's voter registration program. Requires
the agency to notify the secretary of state of the name of
each coordinator.

(b) Requires the registration coordinator to conduct
training for agency employees in voter registration
procedures with the assistance the secretary of state.

(c) Requires the agency to submit to the secretary of state
a plan to implement voter registration procedures under this
chapter.

Sec. 20.005. DEGREE OF ASSISTANCE. Requires a voter
registration agency to provide the same degree of assistance
to a person in completing a voter registration form as is
provided to a person in completing the agency's forms, unless
the assistance is refused.

Sec. 20.006. DETERMINATION OF ELIGIBILITY. (a) Prohibits an
employee of a voter registration agency from making a
determination about a person's eligibility for registration
other than a determination of whether the person is of voting
age or is a U.S. citizen.

(b) Provides that a person's age or citizenship may be
determined by the employee only if the age or citizenship
can be determined from information filed with the agency by
the person for purposes other than voter registration.

(c) Requires a person to be offered voter registration
assistance as provided by this chapter even if the person's
age or citizenship cannot be determined.

Sec. 20.007. PROHIBITED ACTS. Sets forth prohibited provisions
for an employee of a voter registration agency.

Sec. 20.008. ASSISTANCE BY SECRETARY OF STATE OR REGISTRAR.
Requires an employee, if a question arises concerning voter
registration that an agency employee cannot answer, to provide
the person the toll-free telephone number of the Elections
Division of the Office of the Secretary of State; and the
telephone number of the voter registrar to whom registration
applications are submitted.

Sec. 20.009. ADDITIONAL PROCEDURES. Requires the secretary of
state to prescribe any additional procedures necessary for the
orderly and proper administration of voter registration
procedures under this chapter.

SUBCHAPTER B. REGISTRATION ASSISTANCE GENERALLY

Sec. 20.031. FORM PROVIDED. Requires a voter registration
agency to provide a voter registration application form to
each person who is of voting age and a U.S. citizen in
connection with the person's application for initial services,
and also in connection with any recertification, renewal, or
change of address, unless the person declines in writing to
register to vote.

Sec. 20.032. REGISTRATION PROCEDURES. (a) Requires an
appropriate agency employee to routinely inform each person
who applies in person for agency services of the opportunity
to complete a voter registration application form and on
request to provide nonpartisan voter registration assistance
to the applicant.

(b) Requires an agency that provides services at a person's
residence to provide the opportunity to complete the form
and the assistance under Subsection (a) at the residence.

(c) Requires an agency employee, on receipt of a
registration application, to review it for completeness in
the applicant's presence. Requires the agency, if the
application does not contain all the required information
and the required signature, to return the application to the
applicant for completion and resubmission.

(d) Provides that information regarding the agency or office
to which an application is submitted is confidential and may
be used only for voter registration purposes.

Sec. 20.033. EFFECT OF SUBMISSION OF APPLICATION TO EMPLOYEE.
Provides that the date of submission of a completed
registration application to the agency employee is considered
to be the date of submission to the voter registrar for the
purpose of determining the effective date of registration
only.

Sec. 20.034. SUBMISSION TO REGISTRAR BY APPLICANT. (a)
Authorizes the applicant to keep the registration application
form or the completed application to submit the application
personally to the voter registrar.

(b) Requires the agency employee to enter on the declination
of registration form a notation that after being given the
opportunity to register, the applicant kept the application
or application form for personal submission of the
application to the registrar.

Sec. 20.035. DELIVERY OF APPLICATIONS TO REGISTRAR. (a)
Requires the agency to deliver to the voter registrar of the
county in which the agency office is located each completed
registration application submitted to an agency employee.

(b) Requires an application to be delivered to the registrar
no later than five days after the application is submitted
to the employee.

Sec. 20.036. DECLINATION OF REGISTRATION. (a) Requires the
agency employee, if the applicant does not wish to complete a
voter registration application form, to request that the
applicant complete and sign an official declination of
registration form unless the employee determines that the
applicant has previously completed and signed the form.

(b) Requires the agency employee, if the applicant refuses
to sign the declination form, to enter on the form a
notation of that fact.

(c) Requires the agency to preserve each declination for at
least 22 months after the date of signing. Authorizes the
declination to be retained in the applicant's file at the
agency or in a separate declination file.

(d) Provides that a declination is confidential and may be
used only for voter registration purposes.

(e) Requires the secretary of state to prescribe the
procedures necessary to eliminate the filing of multiple
declinations by an applicant.

Sec. 20.037. TELEPHONE OR MAIL SERVICES. (a) Requires a voter
registration agency that allows a person to apply for services
by mail to deliver to an applicant by mail a voter
registration application form on the approval of services for
the applicant.

(b) Sets forth requirements under which an agency shall
deliver to an applicant by mail a voter registration
application form.

(c) Requires an application form delivered by mail to be
accompanied by a notice informing the applicant that the
application may be submitted in person or by mail to the
voter registrar of the county in which the applicant resides
or in person to a volunteer deputy registrar for delivery to
the voter registrar of the county in which the applicant
resides.

(d) Authorizes the agency to maintain a written record
indicating that a registration application was delivered to
an applicant.

(e) Provides that the agency is not required to deliver a
declination of registration form under this section.

SUBCHAPTER C. DEPARTMENT OF PUBLIC SAFETY

Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. Provides that
the other provisions of this chapter apply to DPS except
provisions that conflict with this subchapter.
Sec. 20.062. DEPARTMENT FORMS AND PROCEDURE. (a) Requires DPS
to prescribe and use a form and procedure that combines the
DPS's application form for a license or card with an
officially prescribed voter registration application form.

(b) Requires DPS to prescribe and use a change of address
form and procedure that combines DPS and voter registration
functions. Requires the form to allow a licensee or
cardholder to indicate whether the change of address is also
to be used for voter registration purposes.

Sec. 20.063. REGISTRATION PROCEDURES. (a) Requires DPS to
provides to each person who applies in person for an original
renewal of a driver's license, personal identification card,
or corrected license or card an opportunity to complete a
voter registration application card.

(b) Requires DPS to deliver to an applicant by mail a voter
registration application form when DPS processes a license
or card for renewal by mail.

(c) Provides that a license or card change of address serves
a voter registration unless the licensee or cardholder
indicates the change is not for voter registration purposes.
Provides that the date of submission of a change of address
is considered to be the date of submission to the voter
registrar for determining the effective date of registration
only.

Sec. 20.064. DECLINATION FORM NOT REQUIRED. Provides that
DPS is not required to comply with the procedures relating to
the form for a declination of voter registration.

Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF ADDRESS.
Requires the manager of a DPS office to deliver to the county
voter registrar each completed voter registration application
and applicable change of address.

SUBCHAPTER D. PUBLIC LIBRARY

Sec. 20.091. APPLICABILITY OF OTHER PROVISIONS. Provides
that the other provisions apply to a public library except
provisions which conflict with this subchapter.

Sec. 20.092. REGISTRATION PROCEDURE. (a) Requires a public
library to provide to each voting-age person who applies in
person for new library card or renewal an opportunity to
complete a voter registration application.

(b) Requires the library to use the official form prescribed
by the secretary of state.

Sec. 20.093. DECLINATION FORM NOT REQUIRED. Provides that a
public library is not required to comply with the procedures
relating to the form for a declination of voter registration.

SUBCHAPTER E. MARRIAGE LICENSE OFFICE

Sec. 20.121. APPLICABILITY OF OTHER PROVISIONS. Provides
that the other provisions of this chapter do not apply to a
marriage license office unless expressly provided otherwise by
the other provision or by rule of the secretary of state.

Sec. 20.122. REGISTRATION PROCEDURES. (a) Requires the
county clerk, when an original marriage license is returned to
the licensees after being recorded, to deliver to the
licensees by mail two voter registration application forms.

(b) Requires the county clerk to use the official form
prescribed by the secretary of state.

(c) Requires the application form to be accompanied by a
notice informing the licensees that the applications may be
submitted in person or by mail to the voter registrar of the
county in which the licensees reside or in person to a
volunteer deputy registrar for delivery to the voter
registrar of the county in which the licensees reside.

(d) Authorizes the county clerk to maintain a written record
indicating that a registration application was delivered to
a licensee.

Sec. 20.123. DECLINATION FORM NOT REQUIRED. Provides that
the county clerk is not required to comply with the procedures
prescribed by this chapter relating to the form for a
declination of voter registration.

SECTION 34. Amends Section 31.002(d), Election Code, to require
an authority having administrative duties under this code to use an
official form in performing the administrative functions, except as
otherwise provided by this code.

SECTION 35. Amends Chapter 31A, Election Code, by adding Section
31.007, as follows:

Sec. 31.007. SUSPENSION OF PROVISIONS IMPLEMENTING NATIONAL
VOTER REGISTRATION ACT. (a) Provides that, if under federal
law, order, regulation, or other official action the National
Voter Registration Act of 1993 is not required to be
implemented or enforced, an affected state law or rule is
suspended to the extent that the law or rule was enacted or
adopted to implement that Act, and it is the intent of the
legislature that the applicable law in effect immediately
before the enactment or adoption be reinstated and continued
in effect pending enactment of corrective state legislation.

(b) Authorizes the secretary of state, on a finding that a
suspension of a law or rule has occurred under Subsection
(a), to modify applicable procedures as necessary to give
effect to the suspension and to reinstatement of the
procedures of the former law.

SECTION 36. Amends Section 42.006, Election Code, by adding
Subsection (e), to require voters whose names appear on the list of
registered voters with the notation "S", or a similar notation, to
be excluded in computing a number of registered voters under this
section.

SECTION 37. Amends Section 51.005, Election Code, as follows:

(a) Makes no change.

(b) Requires voters whose names appear on the list of
registered voters with the notation "S", or a similar
notation, to be excluded in computing a number of registered
voters under this section.

SECTION 38. Amends Section 63.001(a), Election Code, to require
acceptance of voters to be conducted as provided by this section
and Section 63.0011.

SECTION 39. Amends Chapter 63, Election Code, by adding Section
63.0011, as follows:

Sec. 63.0011. STATEMENT OF RESIDENCE REQUIRED. (a) Requires
an election officer, before a voter may be accepted for
voting, to ask the voter if the voter's residence address on
the precinct list of registered voters is current and whether
the voter has changed residence within the county.

(b) Authorizes a voter whose residence is not current
because the voter has changed residence within the county to
vote, if otherwise eligible, in the election precinct in
which the voter is registered if the voter has certain
residency.

(c) Requires the voter, before being accepted for voting, to
execute and submit to an election officer a statement
including certain information.

(d) Requires the voter registrar to provide to the general
custodian of election records a sufficient number of
statements of residence for use in each election.

(e) Requires the voter registrar to retain each statement of
residence on file with the voter's voter registration
application.

SECTION 40. Amends Section 66.0241, Election Code, to make
conforming changes.

SECTION 41. Amends Sections 86.002(a), (c), and (d), as follows:

(a) Requires the clerk, if the voter's name appears on the
list of registered voters with the notation "S", or a similar
notation, or the residence address on the voter's early voting
ballot application is not the same as the voter's residence
address on the list of registered voters, to provide a form
for a statement of residence to the voter.

(c) Requires the clerk to enter, among other information, a
notation that a statement of residence is enclosed, if
applicable.

(d) Makes a conforming change.

SECTION 42. Amends Section 87.041(b), Election Code, to require
a ballot to be accepted only if, among other requirements, the
statement of residence is returned in the carrier envelope and
indicates that the voter satisfies the residence requirements
prescribed by Section 63.0011, for a voter to whom a statement of
residence form was required to be sent under Section 86.002(a).

SECTION 43. Amends Chapter 277, Election Code, by adding Section
277.0024, as follows:

Sec. 277.0024. COMPUTING NUMBER OF SIGNATURES. Requires
voters whose names appear on the list of registered voters
with the notation "S", or a similar notation, to be excluded
from computation if the minimum number of signatures required
for a petition is determined by a computation applied to the
number of registered voters of a particular territory.

SECTION 44. Repealer: Chapter 13B-1 (Voter Registration
Assistance by Certain State Agencies), Sections 14.024-14.027
(Availability of Registrar's List, Delivery of List to Secretary of
State, Availability of Secretary of State's List, Unlawful Use of
Information on Lists of Returned Certificates), and Chapter 14C
(Voting on Affidavit of Residence), Election Code.

SECTION 45. Effective date: September 1, 1995.

SECTION 46. Emergency clause.