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. (c) Requires the secretary of state to prescribe any procedures necessary to implement this section. 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. (c) Requires the confirmation notice to be delivered by forwardable mail to the voter's last known address. (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. (c) Requires the registrar to retain the response on file with the voter's registration application. 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. (c) Authorizes the secretary of state to prescribe an alternative form or procedure for maintaining the list. 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. (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. (c) Requires the copy to be furnished in the form in which the list is stored or in any other form 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). (c) Requires the registrar to retain the request on file with the voter's registration application. 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. (c) Designates each public library as a voter registration agency. Defines "public library." (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. (c) Requires the design of DPS forms to be approved by the secretary of state. 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. (c) Authorizes the secretary of state to adopt rules to implement this section as necessary. 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.