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.