MAD C.S.H.B. 1645 75(R) BILL ANALYSIS ELECTIONS C.S.H.B. 1645 By: Goolsby 5-9-97 Committee Report (Substituted) BACKGROUND 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 the Texas DPS, over 50% of Texas Driver's License 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 If adopted, HB 1645 would assist in removing non U.S. Citizens from voter registration rolls. 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 subchapter B, Chapter 62 of the Government Code by adding Section 62.113. Sec. 62.113 COMPILATION OF LIST OF NON-CITIZENS. (a) The clerk of the court will maintain a list of names and addresses of people who are exempt from jury duty because they are non-U.S. citizens. (b) On the third business day of each month, the clerk will send a copy of the list of non-U.S. citizens exempt from jury duty to the voter registrar of the county. (c) A list compiled under this section may not be used for a purpose other than a purpose described by Subsection (b) or Section 16.0332, Election Code. (d) A person commits an offense if the person violates Subsection (c). An offense under this section is a Class C misdemeanor. SECTION 2: Amends subchapter B, Chapter 16 of the Election Code by adding Section 16.0332. Sec. 16.0332 CANCELLATION BECAUSE OF CITIZENSHIP STATUS (a) After the registrar receives the list of registered voters that are non-U.S. citizens under Section 62.113, the registrar will send a letter to each person that appears on the list requesting proof of U.S. citizenship. The notice will be sent by registered mail to the address on the voter's registration card and to any new address of the voter. (b) If the voter fails to provide the registrar with proof of citizenship before the 31st day after the notice is mailed, the registrar shall cancel the voter's registration. (c) The registrar will retain a copy of the notice mailed to the voter on file with the voter's registration application along with any proof of citizenship received under this section. SECTION 3: Effective date: September 1, 1997 SECTION 4: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds the following language to SECTION 1 of the original, amending subchapter B, Chapter 62 of the Government Code by adding Section 62.113: (c) A list compiled under this section may not be used for a purpose other than a purpose described by Subsection (b) or Section 16.0332, Election Code. (d) A person commits an offense if the person violates Subsection (c). An offense under this section is a Class C misdemeanor.