HBA-NMO, RBT C.S.H.B. 1699 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1699 By: Danburg Elections 5/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, Texas voter registration records contain duplications and may contain erroneous information. In addition, current law requires state agencies to forward completed voter registration applications to respective county voter registrars within five business days. However, in some counties, the Department of Public Safety does not forward the completed voter registration applications it collects. C.S.H.B. 1699 makes changes relating to certain voter registration information, processes, and procedures. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 13.004, Election Code, as follows: Sec. 13.004. New title: RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR SOCIAL SECURITY NUMBER BY REGISTRAR. (a) Makes no changes. (b) Makes no changes. (c)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 the 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) Makes conforming changes. (d) Prohibits the word "optional" from being included in the space provided for the applicant's driver's license number, personal identification card number, telephone number, or social security number on the portion of an official registration application form that is to be returned by the applicant. SECTION 3. Amends the heading of Subchapter C, Chapter 15, Election Code, to read as follows: SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION SECTION 4. Amends Section 15.051(a), Election Code, to require the registrar, upon receiving information relating to a voter's death from a source other than a source described by Section 16.001, Election Code (Death), or 16.031(b), Election Code (Cancellation on Official Notice of Ineligibility), to deliver to the voter's address a written confirmation notice requesting confirmation of the voter's death. 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 death must include: _a section that may be completed and signed by any person related within the second degree by consanguinity or affinity confirming by a sworn statement that the information relating to the voter's death received by the registrar is correct, _a section that must be completed and signed by the voter notifying the registrar that information received by the registrar relating to the voter's death is incorrect, _a statement that, if the completed and signed section of the form relating to incorrect information received by the registrar is not delivered to the registrar on or before the 30th day after the date the confirmation notice is mailed, the voter is subject to submission of a statement of residence before the voter may be accepted for voting in an election held after that deadline, or the voter will remain subject to submission of a statement of residence before the voter may be accepted for voting in an election, and _a warning that the voter's registration is subject to cancellation if the voter fails to vote on a statement of residence or notify the registrar in writing that the information received by the registrar relating to the voter's death is incorrect before November 30 following the second general election for state and county officers that occurs after the date the confirmation notice is mailed. Redesignates existing Subsections (b) and (c) as Subsections (c) and (d), respectively. Makes conforming and nonsubstantive changes. SECTION 6. Amends Section 15.053(a), Election Code, to require a voter who is incorrectly referenced as deceased, not later than the 30th day after the date a confirmation notice requesting confirmation of a voter's death is mailed, to submit 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. Makes conforming and nonsubstantive changes. SECTION 7. Amends Section 16.003, Election Code, to require the Department of Public Safety (DPS) to prepare each month an abstract of information received under Chapter 60 (Criminal History Record System), Code of Criminal Procedure. Deletes language requiring the clerk of each court to prepare an abstract of judgment. Requires DPS and the Texas Department of Criminal Justice to file the abstracts within a reasonable period of time, rather than by the 10th of the following month. SECTION 8. Amends Section 18.005(a), Election Code, to provide that each list of registered voters must contain the voter's mailing address. SECTION 9. Amends Section 18.008(a) and (c), to require the registrar to furnish the list directly to the person requesting it. Prohibits the registrar, if the county has contracted with a computer service company or other business entity for services related to the lists, from requiring the person requesting the list to contact the company or other entity to obtain a copy of the list. Requires that the copy be furnished in the same magnetic media, rather than form of tape, 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) Provides that a service program must periodically obtain information from registrars and other sources in order to aid in ascertaining the history of participation of each registered voter in primary elections and general elections. (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 Subchapter C, Chapter 18, 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 a 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) Provides that the master file containing information on each voter in the state must contain each voter's history of participation in primary elections and general elections. (e) Provides that a voter's history of participation includes only information indicating that the voter voted in a particular election and the method if voting. SECTION 13. Amends Section 18.063(a), Election Code, to require that registration lists be forwarded in February and April, rather than January and March, as well as June, September, and December. Makes a conforming change. SECTION 14. Amends Section 18.064, Election Code, to set forth a sanction for registrar noncompliance with Section 15.083 (Delivery of List to Secretary of State), rather than Section 14.025. SECTION 15. Amends Section 18.065(a), Election Code, to make conforming changes. SECTION 16. Amends Section 19.002(d), Election Code, to make conforming changes. SECTION 17. Amends Section 20.035, Election Code, by amending Subsection (b), and adding Subsection (c), as follows: (b) Makes conforming changes. (c) Requires an application to be delivered to the registrar not later than 5 p.m. of the fifth day after the date the application is submitted to the employee. 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 not later than 5 p.m. of the 29th day before election day. SECTION 18. Amends Section 20.063, Election Code, by adding Subsection (e), as follows: (e) Requires DPS, if the 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 it issues a temporary license or card, to indicate on the temporary license or card that the applicant has completed a voter registration application form provided by DPS. 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, at the time the judge pronounces sentence 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 had been pardoned or otherwise released from the disability to vote. SECTION 20. Amends Section 521.101, Transportation Code, by adding Subsection (h), as follows: (h) Requires DPS, if the applicant for the personal identification certificate completes a voter registration application form provided by DPS and it issues a temporary certificate, to indicate on the certificate or a duplicate or corrected certificate that the applicant has completed a voter registration application form provided by DPS. SECTION 21. Amends Section 521.124, Transportation Code, by adding Subsection (c), as follows: (c) Requires DPS to indicate on the temporary license that the applicant has completed a voter registration application form provided by DPS, if the applicant for an original or renewal driver's license, or duplicate or corrected license completes a voter registration application form provided by DPS and it issues a temporary license. SECTION 22. Requires the secretary of state to prescribe procedures by January 1, 2001, 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. 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, including reviewing any United States Postal Service approved software for address standardization, for the purpose of identifying duplicate registrations by voters. Requires the secretary of state to issue a report before December 1, 2000, summarizing any recommendations by the secretary for address standardization, any legislation proposed by the secretary for address standardization, and any other findings or recommendations related to the issue of address standardization. Requires the secretary of state to promptly deliver copies of the report to the governor, lieutenant governor, and the speaker of the house of representatives. SECTION 24. Requires the secretary of state, by January 1, 2000, to prescribe a voter registration application form, a form for a confirmation notice and confirmation notice response, conforming to the changes made by Sections 15.052 and 15.053, as amended by this Act. SECTION 25. Requires DPS, by January 1, 2000, to prescribe a temporary license form and a temporary personal identification certificate for that conforms to the changes made by Section 20.063(e), Election Code, as added by this Act, and Sections 521.101(h) and 521.124(c), Transportation Code, as added by this Act. SECTION 26. Makes application of Section 18.0615 of this Act prospective to November 2, 1999. SECTION 27. Effective date: September 1, 1999. Sections 13.122(a) and (d), Election Code take effect January 1, 2000. Makes application of Sections 13.122(a) and (d), Election Code prospective. Sections 20.063(e), Election Code, and Sections 521.101(h) and 521.124(c), Transportation Code, as added by this Act, take effect January 1, 2000. SECTION 28. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original by deleting SECTIONS 1-4, 6-7, 12-13, 16-17, 19, 22 and 23, relating to Section 12.006, Election Code (duties of regular deputy registrars), Section 13.002(c), Election Code (voting disabilities), Section 13.042(c), Election Code (changing the dates for voting after submitting a registration application), Section 13.121(a), Election Code (postcards for registration), Section 13.141, Election Code (requiring the secretary of state to prescribe regulations), Section 13.143, Election Code (changing the dates for an application to be considered timely), Section 16.031, Election Code (cancellation of registration), Section 18.008, Election Code (prescribing a schedule of fees), Section 19.002, Election Code (modifying the amount of money each registrar is entitled to receive), Section 20.032, Election Code (duties of agency employees), Section 20.0351, Election Code (failure to deliver application), prospective clauses and effective dates. The substitute differs from the original by redesignating SECTIONS 5, 8, 9, 10, 11, 14, 15, 18, 20, 21, 23, 24 of the original as SECTIONS 2, 3, 4, 5, 6, 10, 12, 17, 22, 23, 24, and 28, respectively, of the substitute. The substitute differs from the original by adding new versions of SECTIONS 1, 7, 8, 9, 11, 13, 14, 15, 16, 18, 19, 20, 21, 25, 26, and 27. With respect to the content of these SECTIONS, please see the Section-by-Section Analysis portion of this document.