SRC-JXG H.B. 1699 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1699
By: Danburg (Haywood)
State Affairs
5/14/1999
Engrossed


DIGEST 

Currently, Texas law requires state agencies to forward completed voter
registration applications to respective county voter registrars within five
business days; however, in some counties, the Texas Department of Public
Safety does not forward the completed voter registration applications it
collects.  Texas voter registration records contain duplications and may
contain wrong information. H.B. 1699 would change certain voter
registration information, processes and procedures. 

PURPOSE

As proposed, H.B. 1699 sets forth provisions regarding certain voter
registration information, precesses, and procedures. 

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 Section 13.004, Election Code, as follows:

Sec. 13.004. New heading:  RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
SOCIAL SECURITY NUMBER BY REGISTRAR.  Provides that a social security
number or telephone number furnished on a registration application is
confidential and does not constitute public information for purposes of
Chapter 552, Government Code. Requires the registrar to ensure that the
social security number and telephone number are excluded from disclosure 

SECTION 2. Amends Section 13.122, Election Code, by amending Subsection (a)
and adding Subsection (d), as follows:    

(a) Requires each official form to include a statement indicating that the
omission, rather than furnishing, of the applicant's driver's license
number does not affect the validity of the registration application, in
addition to the other statements and spaces for entering information that
appears on an officially prescribed registration application form.  Makes a
conforming change. 
   
(d) Prohibits the portion of an official registration application form that
is to be returned by the applicant from including the word "optional" in
the space provided for the applicant's driver's license number, personal
identification card number, telephone number, or social security number. 

SECTION 3. Amends the heading to Chapter 15C, Election Code, as follows:

SUBCHAPTER C.  CONFIRMATION OF REGISTRATION INFORMATION

SECTION 4. Amends Section 15.051(a), Election Code, to require the
registrar to deliver to the voter's  address a written confirmation notice
requesting confirmation of the voter's death, if the registrar receives
information relating to the voter's death from a source other than a source
described by Section 16.001 or 16.031(b). Makes a conforming change. 

SECTION 5. Amends Section 15.052, Election Code, to provide that the
officially prescribed form for a confirmation notice requesting
confirmation of a voter's current residence to include a statement that, if
the voter fails to submit to the registrar a written, signed response
conforming the voter's current residence, certain provisions will occur.
Sets forth the requirements for  a confirmation notice. Makes conforming
changes. 

SECTION 6. Amends Section 15.053(a), Election Code, to require a voter who
is incorrectly referenced as deceased to submit to the registrar a written,
signed response to the notice notifying the registrar that the information
received by the registrar relating to the voter's death is incorrect, no
later than the 30th after the date a confirmation notice requesting
confirmation of a voter's death is mailed. Makes conforming changes. 

SECTION 7. Amends Section 16.003, Election Code, to delete text regarding
the clerk of each court. 

SECTION 8. Amends Section 18.005(a), Election Code, to require each
original and supplemental list of registered voters to contain the voter's
mailing address. 

SECTION 9. Amends Sections 18.008(a) and (c), Election Code, to require the
registrar to furnish the list directly to the person requesting it.
Prohibits the registrar from requiring the person requesting the list to
contact the company or other entity to obtain a copy of the list, if the
county has contracted with a computer service company or other private
business entity for services related to the lists required under this
subchapter.  Requires the copy to be furnished in the same magnetic media
or  as a printout, if the list is recorded on magnetic media, rather than
tape. 

SECTION 10.  Amends Section 18.061, Election Code, by amending Subsection
(b) and adding Subsections (d) and (e), as follows: 

(b) Requires a service program to include periodically obtaining
information from registrars and other available sources to aid in
ascertaining the history of participation of each registered voter in
general elections.  Makes a nonsubstantive change. 
 
(d) Requires the secretary of state to periodically provide registrars with
updated registration information in the media requested to assist the
registrars in maintaining accurate lists of registered voters. 

(e) Authorizes a county or the secretary of state to acquire by purchase,
gift, or any other method the hardware and software necessary to support
the use of electronic data services. 

SECTION 11. Amends Chapter 18C, Election Code, by adding Section 18.0615,
as follows: 

Sec. 18.0615. ELECTRONIC REPORTING REQUIRED.  Requires each county to
deliver to the secretary of state in electronic form the information
required by this subchapter. Authorizes the county to deliver the
information by means of electronic data services provided under a contract
with the secretary.  Requires the secretary of state to prescribe the
procedures for implementing  this section. 

SECTION 12. Amends Section 18.062, Election Code, by amending Subsection
(c) and adding Subsection (e), as follows: 

 (c) Requires the file to include each voter's history of participation in
general elections. 

(e) Provides that a voter's history of participation in the elections
includes only certain information for purposes of Subsection (c)(7).   

SECTION 13. Amends Section 18.063(a), Election Code, to require on or after
the first day but before the 16th day of February and April of each year,
each registrar of a county to deliver to the secretary of state a list
containing voting history information.  
 
SECTION 14. Amends Section 18.064, Election Code, to provide that the
registrar is not entitled to receive state funds, if a registrar fails to
comply with Section 15.083, rather than 14.025. 

SECTION 15. Amends Section 18.065(a), Election Code, to make a conforming
change. 

SECTION 16. Amends Section 19.002(d), Election Code, to make a conforming
change. 

SECTION 17. Amends Section 20.035, Election Code, by amending Subsection
(b) and adding Subsection (c), as follows: 

(b) Requires an application to be delivered to the registrar no later than
5.p.m. of the fifth day after the date the application is submitted to the
employee, except as provided by Subsection (c). 
 
(c) Requires an application submitted after the 34th day and before the
29th day before the date of an election in which any qualified voter of the
county is eligible to vote to be delivered no later than 5 p.m. of the 29th
day before election day. 

SECTION 18. Amends Section 20.063, Election Code, by adding Subsection (e),
to require DPS to indicate on the temporary license or card that the
applicant has completed a voter registration application form provided by
DPS, if an applicant for an original or renewal driver's license, personal
identification card, or duplicate or corrected license or card completes a
voter registration application form provided by DPS and DPS issues a
temporary license or card.  Requires the secretary of state to prescribe
procedures to permit a person to use a temporary license or card issued
under this subsection for purposes of voting in an election. 

SECTION 19. Amends Article 42.03, Code of Criminal Procedure, by adding
Section 5, as follows: 

Sec. 5. Requires the judge to inform a defendant convicted of a felony that
the defendant will lose the right to vote from the time the judgment
becomes final until the time the defendant's sentence has been fully
discharged or the defendant has been pardoned or otherwise released from
the resulting disability to vote as described by Section 11.002(4),
Election Code, at the time the judge pronounces the sentence. 

SECTION 20. Amends Section 521.101, Transportation Code, by adding
Subsection (h), to require DPS to indicate on the temporary certificate
that the applicant has completed a voter registration application form
provided by DPS, if an applicant for an original or renewal driver's
license or a duplicate or corrected license completes a voter registration
application form provided by DPS and DPS issue a temporary license. 

SECTION 21. Amends Section 521.124, Transportation Code, by adding
Subsection (c), to require DPS to indicate on the temporary  that the
applicant has completed a voter registration application form provided by
DPS, if an applicant for an original or renewal driver's license or a
duplicate or corrected license completes a voter registration application
form provided by DPS and DPS issues a temporary license. 

SECTION 22. Requires the secretary of state to prescribe procedures to
implement a statewide standardized coding system for coding voter history
information described by Section 18.062(e), Election Code, as added by this
Act, no later than January 1, 2001. 

SECTION 23. Requires the secretary of state to study the feasibility of
developing a standardized electronic format for entering voter information
relating to residence address for the purpose of identifying duplicate
registrations by voters. Requires the secretary of state to issue a report
summarizing certain recommendations, no later than December 1, 2000.
Requires the secretary of state to promptly deliver copies of the report to
the governor, the lieutenant governor, and the speaker of the house of
representatives. 

SECTION 24. Requires the secretary of state, on or before January 1, 2000,
to  prescribe a voter registration application form that conforms to the
changes made by Section 13.122, Election Code,  as amended by this Act, and
a form for a confirmation notice and  a confirmation notice response that
conforms to the changes made by Sections 15.052 and 15.053, Election Code,
as amended by this Act. 

SECTION 25. Requires DPS, on or before January 1, 2000, to prescribe a
temporary license form that conforms to the changes made by Section
20.063(e), Election Code, ad added by this Act, and Sections 521.101(h) and
521.124(c), Transportation Code, as added by this Act.   

SECTION 26. (a) Provides that the change in law made by Section 18.0615,
Election Code, as added by this Act, applies to registration information
from elections held on or after November 2, 1999. Requires registration
information from elections held on or after November 2, 1999, and before
March 31, 2000, to be submitted to the secretary of state on or before
April 15, 2000. 

(b) Authorizes a county to voluntarily deliver to the secretary of state
information as provided by Section 18.0615, Election Code, as added by this
Act, from elections held on or after November 3, 1998, and before November
2, 1999. 

SECTION 27. (a) Effective date: September 1, 1999, except as provided by
this section.  

 (b) Effective date for Sections 13.122(a) and (d), Election Code:  January
1, 2000. 
       Makes application of this Act prospective.

 (c) Effective date for Sections 521.101(h) and 521.124(c), Election Code:
January 1, 2000. 

SECTION 28. Emergency clause.