BILL ANALYSIS



H.B. 1382
By: Oakley
04-23-95
Committee Report (Amended)


BACKGROUND

     Currently, twenty-one states allow seventeen year old people
to vote in the primary election preceding the general election in
which they are eligible to vote.  Since a person may be qualified
to vote in the general election for state and county officers, that
person should have the opportunity to vote in the primary election
to select the candidates for the general election.

PURPOSE

     As proposed, H.B. 1382 authorizes a person who will be 18
years of age before the general election for state and county
officers to vote in the preceding primary election.

RULEMAKING AUTHORITY

     It is the committee's opinion that this bill does not
expressly grant any additional rulemaking authority to a state
officer, department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 172, Subchapter A, Election Code, by
adding Section 172.005, as follows:

     Sec. 172.005.  VOTING BY PERSON UNDER AGE 18.  (a) Authorizes
     a person to vote in a primary election if the person will be
     18 years of age or older on the first day of the period for
     early voting by personal appearance in the subsequent general
     election for state and county officers, and satisfies the
     requirements for being a qualified voter except for age.

           (b) Requires the secretary of state, after consulting
           with the state chairman of each political party required
           to make nominations by primary election, to prescribe
           the procedures necessary to implement this section.

SECTION 2.  Effective date: September 1, 1995.

SECTION 3.  Emergency clause.  

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1.    Substitutes language in SECTION 1. of
the bill that would      allow young people to vote if they would
be 18 by the date of the next general election.   Previously, the
bill would only allow young people to vote if they were going to be
18   by the date of the first day of early voting.  This amendment
simply enfranchises more      young people.  Committee Amendment
No.1 also strikes language from SECTION 2 of      the bill and
makes 17 years of age be the age a person must be in order to
register to    vote. 

Committee Amendment No. 2.    Substitutes language into the SECTION
of the bill containing the    effective date.  This language would
make the act effective contingent upon the passage     of a
constitutional amendment.

SUMMARY OF COMMITTEE ACTION

     HB 1382 was considered by the Committee on Elections in a
public hearing on April 5, 1995.  The Committee considered 1
amendment to the bill.  The amendment was adopted as Committee
Amendment No.1 without objection.  The following persons testified
in favor of the bill: Victor Manuel Morales representing himself
and Poteet High School; Lauren Ann Jobe representing herself and
Poteet High School; Anita Chacko representing herself and Poteet
High School; Erin Dow representing herself and Poteet High School;
Teena Mathew representing herself and Poteet High School; Summer
Thompson representing herself and Poteet High School; Tara Yates
Wilcox representing herself; Holly J. Wyatt representing herself
and Poteet High School; Brigit Smith representing herself and
Poteet High School; Jason Varughese representing himself and Poteet
High School; and Steve McDonald representing the Texas Democratic
Party. The following person testified against HB 1382: Dana
DeBeauvoir, Travis County Clerk, representing the County and
District Clerk's Association. The following persons testified
neutrally on HB 1382: Tom Harrison representing the Secretary of
State, Tony Garza; Melinda Nickless representing the Secretary of
State, Tony Garza; and John Willingham representing himself.  The
bill was reported favorably as amended with the recommendation that
it do pass and be printed by a record vote of 7 AYES, 0 NAYS, 0
PNV, 2 ABSENT.  

     HB 1382 was considered by the Committee on Elections in a
public hearing on April 12, 1995.  The vote by which HB 1382 as
amended was reported favorably to the full House on April 5, 1995,
was reconsidered without objection.  The Committee considered 1
amendment to the bill. The amendment was adopted as Committee
Amendment No.2 without objection.  The bill was reported favorably
as amended with the recommendation that it do pass and be printed,
by a record vote of 8 AYES, 0 NAYS, 0 PNV, 1 ABSENT.