By Ellis S.B. No. 53
74R977 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to implementation of the National Voter Registration Act
1-3 of 1993.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 2, Election Code, is amended by adding
1-6 Chapter 20 to read as follows:
1-7 CHAPTER 20. VOTER REGISTRATION AGENCIES
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 20.001. DESIGNATION OF VOTER REGISTRATION AGENCIES.
1-10 (a) The following state agencies are designated as voter
1-11 registration agencies:
1-12 (1) Texas Department of Human Services (AFDC program,
1-13 Medicaid program, food stamp program, programs for the aged);
1-14 (2) Texas Department of Health (special supplemental
1-15 food program for women, infants, and children);
1-16 (3) any other agency or program that provides public
1-17 assistance, as determined by the secretary of state;
1-18 (4) Texas Department of Mental Health and Mental
1-19 Retardation;
1-20 (5) Texas Commission for the Deaf and Hearing
1-21 Impaired;
1-22 (6) Texas School for the Deaf;
1-23 (7) Texas Commission for the Blind;
1-24 (8) Texas School for the Blind and Visually Impaired;
2-1 (9) Texas Rehabilitation Commission; and
2-2 (10) any other agency that provides a state-funded
2-3 program primarily engaged in providing services to persons with
2-4 disabilities, as determined by the secretary of state.
2-5 (b) The Department of Public Safety is designated as a voter
2-6 registration agency.
2-7 (c) Each public library, including any branch or other
2-8 service outlet, is designated as a voter registration agency. In
2-9 this chapter, "public library" means a library that:
2-10 (1) is regularly open for business for more than 30
2-11 hours a week;
2-12 (2) is operated by a single public agency or board;
2-13 (3) is open without charge to all persons under
2-14 identical conditions; and
2-15 (4) receives its financial support wholly or partly
2-16 from public funds.
2-17 (d) Each marriage license office of the county clerk is
2-18 designated as a voter registration agency.
2-19 (e) The secretary of state shall designate other agencies or
2-20 offices as voter registration agencies as necessary for compliance
2-21 with federal law.
2-22 Sec. 20.002. AGENCY PRESCRIBED FORM. Instead of using the
2-23 official voter registration form prescribed by the secretary of
2-24 state, a voter registration agency may use an official form
2-25 prescribed by the agency, if approved by the secretary of state.
2-26 Sec. 20.003. ADDITIONAL PROCEDURES. The secretary of state
2-27 shall prescribe any additional procedures necessary for the orderly
3-1 and proper administration of voter registration assistance under
3-2 this chapter.
3-3 (Sections 20.004-20.030 reserved for expansion
3-4 SUBCHAPTER B. REGISTRATION ASSISTANCE
3-5 Sec. 20.031. REGISTRATION ASSISTANCE GENERALLY. (a) A
3-6 voter registration agency shall provide a voter registration
3-7 application or declination form to each person of voting age who
3-8 applies for initial services, and also with any recertification,
3-9 renewal, or change of address form.
3-10 (b) A voter registration agency shall provide voter
3-11 registration assistance in the manner provided by this chapter.
3-12 SECTION 2. Section 13.046, Election Code, is amended by
3-13 adding Subsection (i) to read as follows:
3-14 (i) A high school deputy registrar is not required to follow
3-15 the declination procedures applicable to voter registration
3-16 agencies.
3-17 SECTION 3. Section 13.051, Election Code, is amended by
3-18 adding Subsection (g) to read as follows:
3-19 (g) Any change of address submitted in regard to a driver's
3-20 license or personal identification card also serves as a change of
3-21 address for voter registration purposes unless the person states
3-22 that the change of address is not for those purposes.
3-23 SECTION 4. Section 13.144, Election Code, is amended by
3-24 adding Subsection (d) to read as follows:
3-25 (d) If a certificate delivered by mail is returned as
3-26 undeliverable, the registrar shall mail a confirmation notice by
3-27 forwardable mail to the last known address of the applicant.
4-1 SECTION 5. Section 14.001, Election Code, is amended by
4-2 adding Subsection (e) to read as follows:
4-3 (e) The registrar may not mail a renewal certificate to a
4-4 voter whose name is on the suspense list.
4-5 SECTION 6. Subchapter B, Chapter 14, Election Code, is
4-6 amended by adding Section 14.028 to read as follows:
4-7 Sec. 14.028. CONFIRMATION NOTICE; SUSPENSE LIST; STATEMENT
4-8 OF RESIDENCE. (a) The registrar shall mail a confirmation notice
4-9 requesting verification of a change of address to each voter whose
4-10 name appears on the list of returned certificates. The notice must
4-11 be accompanied by a preaddressed, prepaid confirmation return
4-12 response form.
4-13 (b) If the voter fails to respond to the confirmation notice
4-14 within 30 days, the "R" notation shall be changed to an "S"
4-15 notation on the list of registered voters and the name shall be
4-16 placed on a suspense list. The registration of a voter whose name
4-17 still appears on the suspense list on November 30 following two
4-18 federal general elections shall be canceled.
4-19 (c) A voter who has changed residence, including a voter
4-20 whose name carries the notation "R" or "S" on the list of
4-21 registered voters, may vote in the former precinct of residence on
4-22 a statement of residence as provided by this code.
4-23 SECTION 7. Section 15.001, Election Code, is amended by
4-24 adding Subsection (c) to read as follows:
4-25 (c) The secretary of state shall prescribe procedures for
4-26 reflecting federal law requirements on voter registration
4-27 certificates.
5-1 SECTION 8. Section 15.022, Election Code, is amended by
5-2 adding Subsection (c) to read as follows:
5-3 (c) The registrar shall take the appropriate action to
5-4 correct the registration records after receipt of notice of a
5-5 change of residence from a voter with an "S" notation on the list
5-6 of registered voters.
5-7 SECTION 9. Section 16.031, Election Code, is amended by
5-8 adding Subsection (c) to read as follows:
5-9 (c) The registrar shall cancel a voter's registration on
5-10 receipt of a request to do so from the voter or on receipt of a
5-11 confirmation notice response that indicates residence outside the
5-12 county.
5-13 SECTION 10. Section 16.033, Election Code, is amended by
5-14 adding Subsection (g) to read as follows:
5-15 (g) If the registrar has reason to believe a voter has
5-16 changed residence, the registrar shall mail the voter a
5-17 confirmation notice to verify the voter's current residence. The
5-18 registrar shall proceed as provided by this section. Suspense
5-19 voters are canceled on November 30 following two federal elections
5-20 unless the appropriate actions have been taken. The registrar
5-21 shall also comply with this procedure in a challenge of a
5-22 registration on the basis of residence.
5-23 SECTION 11. Section 18.001, Election Code, is amended by
5-24 adding Subsection (f) to read as follows:
5-25 (f) The lists of registered voters shall contain the
5-26 notation "R" or "S" beside a voter's name if applicable. An annual
5-27 registration statement or preelection statement must also contain
6-1 those notations as applicable with appropriate information based on
6-2 the different categories. The registrar shall provide the
6-3 secretary of state with five registration updates each year in the
6-4 form prescribed by the secretary. Modifications to other code
6-5 provisions in regard to the "S" and "R" notations shall be made in
6-6 accordance with rules prescribed by the secretary of state.
6-7 SECTION 12. Section 31.001, Election Code, is amended by
6-8 adding Subsection (c) to read as follows:
6-9 (c) The secretary of state shall file reports with the
6-10 Federal Election Commission in accordance with federal law. Each
6-11 county shall maintain and report to the secretary of state the
6-12 required information.
6-13 SECTION 13. Section 63.001, Election Code, is amended by
6-14 adding Subsection (g) to read as follows:
6-15 (g) Before accepting a voter, an election officer shall ask
6-16 the voter if the voter has changed residence within the county. A
6-17 voter who has changed residence must sign a statement of residence.
6-18 SECTION 14. Section 86.001, Election Code, is amended by
6-19 adding Subsection (h) to read as follows:
6-20 (h) The early voting clerk shall process the applications
6-21 for ballots by mail in regard to "R" and "S" notations and
6-22 different residence addresses in accordance with this section.
6-23 SECTION 15. This Act takes effect September 1, 1995.
6-24 SECTION 16. The importance of this legislation and the
6-25 crowded condition of the calendars in both houses create an
6-26 emergency and an imperative public necessity that the
6-27 constitutional rule requiring bills to be read on three several
7-1 days in each house be suspended, and this rule is hereby suspended.