SRC-HRD H.B. 1645 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1645
By: Goolsby (Carona)
Jurisprudence
5-17-97
Engrossed


DIGEST 

Current Texas law states that when a person applies for a Texas driver's
license or Department of Public Safety (DPS) personal identification card,
that person shall at the same time be given the opportunity to register to
vote.  According to DPS, over 50 percent of Texas driver's licenses issued
in counties that border Mexico are issued to non-U.S. citizens.
Therefore, many non-U.S. citizens, both legal and illegal aliens, begin
the process for being registered to vote in Texas, often without realizing
they are violating the law by doing so.                     

PURPOSE

As proposed, H.B. 1645 would assist in removing non-U.S. Citizens from
voter registration rolls.
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 62B, Government Code, by adding Section 62.113,
as follows: 

Sec. 62.113.  COMPILATION OF LIST NONCITIZENS.  Requires the clerk of the
court to maintain a list of the name and address of each person who is
excused or disqualified under this subchapter from jury service because
the person is not a citizen of the United States.  Requires the clerk, on
the third business day of each month, to send a copy of the list of
persons excused or disqualified because of citizenship in the previous
month to the voter registrar of the county.  Prohibits a list complied
under this section from being used for a purpose other than a purpose
described by Subsection (b) or Section 16.0332, Election Code. Provides
that a person commits a Class C misdemeanor if the person violates
Subsection (c).  
SECTION 2. Amends Chapter 16B, Election Code, by adding Section 16.0332,
as follows: 

Sec. 16.0332.  CANCELLATION BECAUSE OF CITIZENSHIP STATUS.  Requires  the
registrar, after the registrar receives a list under Section 62.113,
Government Code, of persons excused or disqualified from jury service
because of citizenship status, to deliver to each registered voter who
appears on the list a written notice requiring the voter to provide proof
of United States citizenship in a form prescribed by the secretary of
state.  Requires the notice to be delivered by forwardable mail to the
mailing address on the voter's registration application and to any new
address of the voter known to the registrar.  Requires the registrar, if a
voter fails to provide the registrar with proof of citizenship before the
31st day after the date the notice is mailed to the voter, to cancel the
voter's registration.  Requires the registrar to retain a copy of the
notice mailed to a voter under this section on file with the voter's
registration application.  Requires the registrar to also retain any proof
of citizenship received under this section on file with the application.   

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.