By Danburg                                            H.B. No. 1699
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain voter registration information, processes, and
 1-3     procedures.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 13.004, Election Code, is amended to read
 1-6     as follows:
 1-7           Sec. 13.004.  RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
 1-8     SOCIAL SECURITY NUMBER BY REGISTRAR.  (a)  The registrar may not
 1-9     transcribe, copy, or otherwise record a telephone number furnished
1-10     on a registration application.
1-11           (b)  The registrar may transcribe, copy, or otherwise record
1-12     a social security number furnished on a registration application
1-13     only in maintaining the accuracy of the registration records.
1-14           (c)  A social security number or telephone number furnished
1-15     on a registration application is confidential and does not
1-16     constitute public information for purposes of Chapter 552,
1-17     Government Code.  The registrar shall ensure that the social
1-18     security number and telephone number are  excluded from disclosure.
1-19           SECTION 2.  Section 13.122, Election Code, is amended by
1-20     amending Subsection (a) and adding Subsection (d) to read as
1-21     follows:
1-22           (a)  In addition to the other statements and spaces for
1-23     entering information that appear on an officially prescribed
1-24     registration application form, each official form must include:
 2-1                 (1)  the statement:  "I understand that giving false
 2-2     information to procure a voter registration is perjury and a crime
 2-3     under state and federal law.";
 2-4                 (2)  a space for the applicant's registration number;
 2-5                 (3)  a space for the applicant's Texas driver's license
 2-6     number or number of a personal identification card issued by the
 2-7     Department of Public Safety;
 2-8                 (4)  a space for the applicant's telephone number;
 2-9                 (5)  a space for the applicant's social security
2-10     number;
2-11                 (6)  a space for the applicant's sex;
2-12                 (7)  a statement indicating that the omission
2-13     [furnishing] of the applicant's driver's license number, personal
2-14     identification card number, telephone number, social security
2-15     number, or [and] sex does not affect the validity of the
2-16     registration application [is optional];
2-17                 (8)  a space or box for indicating whether the
2-18     applicant or voter is submitting new registration information or a
2-19     change in current registration information;
2-20                 (9)  a statement instructing a voter who is using the
2-21     form to make a change in current registration information to enter
2-22     the voter's name and the changed information in the appropriate
2-23     spaces on the form;
2-24                 (10)  a statement that if the applicant declines to
2-25     register to vote, that fact will remain confidential and will be
2-26     used only for voter registration purposes;
2-27                 (11)  a statement that if the applicant does register
 3-1     to vote, information regarding the agency or office to which the
 3-2     application is submitted will remain confidential and will be used
 3-3     only for voter registration purposes; and
 3-4                 (12)  any other voter registration information required
 3-5     by federal law or considered appropriate and required by the
 3-6     secretary of state.
 3-7           (d)  The portion of an official registration application form
 3-8     that is to be returned by the applicant may not include the word
 3-9     "optional" in the space provided for the applicant's driver's
3-10     license number, personal identification card number, telephone
3-11     number, or social security number.
3-12           SECTION 3.  The heading to Subchapter C, Chapter 15, Election
3-13     Code, is amended to read as follows:
3-14           SUBCHAPTER C.  CONFIRMATION OF REGISTRATION INFORMATION
3-15                                 [RESIDENCE]
3-16           SECTION 4.  Section 15.051(a), Election Code, is amended to
3-17     read as follows:
3-18           (a)  If the registrar:
3-19                 (1)  has reason to believe that a voter's current
3-20     residence is different from that indicated on the registration
3-21     records, the registrar shall deliver to the voter a written
3-22     confirmation notice requesting confirmation of the voter's current
3-23     residence; or
3-24                 (2)  receives information relating to the voter's death
3-25     from a source other than a source described by Section 16.001 or
3-26     16.031(b), the registrar shall deliver to the voter's address a
3-27     written confirmation notice requesting confirmation of the voter's
 4-1     death.
 4-2           SECTION 5.  Section 15.052, Election Code, is amended to read
 4-3     as follows:
 4-4           Sec. 15.052.  OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
 4-5     NOTICE RESPONSE FORMS.  (a)  The officially prescribed form for a
 4-6     confirmation notice requesting confirmation of a voter's current
 4-7     residence must include:
 4-8                 (1)  a statement that, if the voter fails to submit
 4-9     [deliver] to the registrar a written, signed response confirming
4-10     the voter's current residence on or before the 30th day after the
4-11     date the confirmation notice is mailed:
4-12                       (A)  the voter is subject to submission of a
4-13     statement of residence before the voter may be accepted for voting
4-14     in an election held after that deadline; or
4-15                       (B)  for a notice delivered under Section 14.023,
4-16     the voter will remain subject to submission of a statement of
4-17     residence before the voter may be accepted for voting in an
4-18     election; and
4-19                 (2)  a warning that the voter's registration is subject
4-20     to cancellation if the voter fails to confirm the voter's current
4-21     residence either by notifying the registrar in writing or voting on
4-22     a statement of residence before November 30 following the second
4-23     general election for state and county officers that occurs after
4-24     the date the confirmation notice is mailed.
4-25           (b)  The officially prescribed form for a confirmation notice
4-26     requesting confirmation of a voter's death must include:
4-27                 (1)  a section that may be completed and signed by any
 5-1     person related within the second degree by consanguinity or
 5-2     affinity, as determined under Chapter 573, Government Code,
 5-3     confirming by a sworn statement that the information relating to
 5-4     the voter's death received by the registrar is correct;
 5-5                 (2)  a section that must be completed and signed by the
 5-6     voter notifying the registrar that information received by the
 5-7     registrar relating to the voter's death is incorrect;
 5-8                 (3)  a statement that, if the completed and signed
 5-9     section of the form described by Subdivision (2) is not submitted
5-10     to the registrar on or before the 30th day after the date the
5-11     confirmation notice is mailed:
5-12                       (A)  the voter is subject to submission of a
5-13     statement of residence before the voter may be accepted for voting
5-14     in an election held after that deadline; or
5-15                       (B)  for a notice delivered under Section 14.023,
5-16     the voter will remain subject to submission of a statement of
5-17     residence before the voter may be accepted for voting in an
5-18     election; and
5-19                 (4)  a warning that the voter's registration is subject
5-20     to cancellation if the voter fails to vote on a statement of
5-21     residence or notify the registrar in writing that the information
5-22     received by the registrar relating to the voter's death is
5-23     incorrect before November 30 following the second general election
5-24     for state and county officers that occurs after the date the
5-25     confirmation notice is mailed.
5-26           (c)  The official confirmation notice response form must be
5-27     postage prepaid and preaddressed for delivery to the registrar.
 6-1           (d) [(c)]  The registrar may prescribe a different design
 6-2     from that prescribed by the secretary of state for an official
 6-3     form, if approved by the secretary.
 6-4           SECTION 6.  Section 15.053(a), Election Code, is amended to
 6-5     read as follows:
 6-6           (a)  Not later than the 30th day after the date a
 6-7     confirmation notice requesting confirmation of a voter's current
 6-8     residence is mailed, the voter shall submit [deliver] to the
 6-9     registrar a written, signed response to the notice that confirms
6-10     the voter's current residence.  Not later than the 30th day after
6-11     the date a confirmation notice requesting confirmation of a voter's
6-12     death is mailed, a voter who is incorrectly referenced as deceased
6-13     shall submit to the registrar a written, signed response to the
6-14     notice notifying the registrar that the information received by the
6-15     registrar relating to the voter's death is incorrect.
6-16           SECTION 7.  Section 16.003, Election Code, is amended to read
6-17     as follows:
6-18           Sec. 16.003.  FELONY CONVICTION.  (a)  Each month [both the
6-19     clerk of each court having felony jurisdiction and] the
6-20     institutional division of the Texas Department of Criminal Justice
6-21     shall prepare an abstract of each final judgment [of a court served
6-22     by the clerk or] received by the institutional division, [as
6-23     applicable,] occurring in the month, convicting a person 18 years
6-24     of age or older who is a resident of the state of a felony.
6-25           (b)  The [clerk and the] institutional division of the Texas
6-26     Department of Criminal Justice shall file each abstract with the
6-27     voter registrar of the person's county of residence not later than
 7-1     the 10th day of the month following the month in which the abstract
 7-2     is prepared.
 7-3           SECTION 8.  Section 18.005(a), Election Code, is amended to
 7-4     read as follows:
 7-5           (a)  Each original and supplemental list of registered voters
 7-6     must:
 7-7                 (1)  contain the voter's name, residence address,
 7-8     mailing address, date of birth, and registration number;
 7-9                 (2)  be arranged alphabetically by voter name; and
7-10                 (3)  contain the notation required by Section 15.111.
7-11           SECTION 9.  Sections 18.008(a) and (c), Election Code, are
7-12     amended to read as follows:
7-13           (a)  The registrar shall furnish a copy of any list prepared
7-14     under this subchapter to any person requesting it. The copy shall
7-15     be furnished without the names of voters whose names appear on a
7-16     list with the notation "S", or a similar notation, if requested in
7-17     that form. The registrar shall furnish the list directly to the
7-18     person requesting it. If the county has contracted with a computer
7-19     service company or other private business entity for services
7-20     related to the lists required under this subchapter, the registrar
7-21     may not require the person requesting the list to contact the
7-22     company or other entity to obtain a copy of the list.
7-23           (c)  If the list is recorded on magnetic media [tape], the
7-24     copy shall be furnished in the same magnetic media [form of a tape]
7-25     or as a printout, as requested.
7-26           SECTION 10.  Section 18.061, Election Code, is amended by
7-27     amending Subsection (b) and adding Subsections (d) and (e) to read
 8-1     as follows:
 8-2           (b)  A service program must include:
 8-3                 (1)  obtaining registration information from registrars
 8-4     and other available sources for a master file on registered voters;
 8-5                 (2)  periodically obtaining information from registrars
 8-6     and other available sources for the following purposes:
 8-7                       (A)  to aid in determining the proper status of
 8-8     voters on the lists of registered voters; [and]
 8-9                       (B)  to aid in ascertaining the proper
8-10     registration information for each registered voter; and
8-11                       (C)  to aid in ascertaining the history of
8-12     participation of each registered voter in general elections; and
8-13                 (3)  furnishing information that may be useful to the
8-14     registrars in the performance of their official duties.
8-15           (d)  The secretary of state shall periodically provide
8-16     registrars with updated registration information in the media
8-17     requested to assist the registrars in maintaining accurate lists of
8-18     registered voters.
8-19           (e)  A county or the secretary of state may acquire by
8-20     purchase, gift, or any other method the hardware and software
8-21     necessary to support the use of electronic data services.
8-22           SECTION 11.  Subchapter C, Chapter 18, Election Code, is
8-23     amended by adding Section 18.0615 to read as follows:
8-24           Sec. 18.0615.  ELECTRONIC REPORTING REQUIRED.  (a)  Each
8-25     county shall deliver to the secretary of state in electronic form
8-26     the information required by this subchapter.  A county may deliver
8-27     the information by means of electronic data services provided under
 9-1     a contract with the secretary.
 9-2           (b)  The secretary of state shall prescribe the procedures
 9-3     for implementing this section.
 9-4           SECTION 12.  Section 18.062, Election Code, is amended by
 9-5     amending Subsection (c) and adding Subsection (e) to read as
 9-6     follows:
 9-7           (c)  The file must include each voter's:
 9-8                 (1)  name;
 9-9                 (2)  county of residence;
9-10                 (3)  county election precinct number;
9-11                 (4)  residence address or, if the residence has no
9-12     address, the address at which the voter receives mail;
9-13                 (5)  date of birth; [and]
9-14                 (6)  registration number; and
9-15                 (7)  history of participation in general elections.
9-16           (e)  For purposes of Subsection (c)(7), a voter's history of
9-17     participation in the elections includes only information indicating
9-18     that the voter voted in a particular election.
9-19           SECTION 13.  Section 18.063(a), Election Code, is amended to
9-20     read as follows:
9-21           (a)  On or after the first day but before the 16th day of
9-22     February, April [January, March], June, September, and December of
9-23     each year, each registrar of a county that has not contracted with
9-24     the secretary of state for electronic data services to facilitate
9-25     the implementation of the registration service program shall
9-26     deliver to the secretary of state a list containing each new
9-27     registration, canceled registration, voting history information,
 10-1    and change in registration information that has occurred in the
 10-2    county since the delivery of the previous list under this
 10-3    subsection or Subsection (b), as applicable.
 10-4          SECTION 14.  Section 18.064, Election Code, is amended to
 10-5    read as follows:
 10-6          Sec. 18.064.  SANCTION FOR NONCOMPLIANCE.  If a registrar
 10-7    fails to substantially comply with Section 15.083 [14.025], 16.032,
 10-8    18.042, or 18.063 or with rules adopted by the secretary of state
 10-9    implementing the registration service program, the registrar is not
10-10    entitled to receive state funds for financing voter registration in
10-11    the county.
10-12          SECTION 15.  Section 18.065(a), Election Code, is amended to
10-13    read as follows:
10-14          (a)  The secretary of state shall monitor each registrar for
10-15    substantial compliance with Sections 15.083 [14.025], 16.032,
10-16    18.042, and 18.063 and with rules implementing the registration
10-17    service program.
10-18          SECTION 16.  Section 19.002(d), Election Code, is amended to
10-19    read as follows:
10-20          (d)  The comptroller may not issue a warrant if on June 1 of
10-21    the year in which the warrant is to be issued the most recent
10-22    notice received by the comptroller from the secretary of state
10-23    under Section 18.065 indicates that the registrar is not in
10-24    substantial compliance with Section 15.083 [14.025], 16.032,
10-25    18.042, or 18.063 or with rules implementing the registration
10-26    service program.
10-27          SECTION 17.  Section 20.035, Election Code, is amended by
 11-1    amending Subsection (b) and adding Subsection (c) to read as
 11-2    follows:
 11-3          (b)  Except as provided by Subsection (c), an [An]
 11-4    application shall be delivered to the registrar not later than 5
 11-5    p.m. of the fifth day after the date the application is submitted
 11-6    to the employee.
 11-7          (c)  An application submitted after the 34th day and before
 11-8    the 29th day before the date of an election in which any qualified
 11-9    voter of the county is eligible to vote shall be delivered not
11-10    later than 5 p.m. of the 29th day before election day.
11-11          SECTION 18.  Section 20.063, Election Code, is amended by
11-12    adding Subsection (e) to read as follows:
11-13          (e)  If an applicant for an original or renewal driver's
11-14    license, personal identification card, or duplicate or corrected
11-15    license or card completes a voter registration application form
11-16    provided by the department and the department issues a temporary
11-17    license or card, the department shall indicate on the temporary
11-18    license or card that the applicant has completed a voter
11-19    registration application form provided by the department.  The
11-20    secretary of state shall prescribe procedures to permit a person to
11-21    use a temporary license or card issued under this subsection for
11-22    purposes of voting in an election.
11-23          SECTION 19.  Article 42.03, Code of Criminal Procedure, is
11-24    amended by adding Section 5 to read as follows:
11-25          Sec. 5.  At the time the judge pronounces the sentence, the
11-26    judge shall inform a defendant convicted of a felony that the
11-27    defendant will lose the right to vote from the time the judgment
 12-1    becomes final until the time the defendant's sentence has been
 12-2    fully discharged or the defendant has been pardoned or otherwise
 12-3    released from the resulting disability to vote as described by
 12-4    Section 11.002(4), Election Code.
 12-5          SECTION 20.  Section 521.101, Transportation Code, is amended
 12-6    by adding Subsection (h) to read as follows:
 12-7          (h)  If an applicant for a personal identification
 12-8    certificate or a duplicate or corrected certificate completes a
 12-9    voter registration application form provided by the department
12-10    under Subchapter C, Chapter 20, Election Code, and the department
12-11    issues a temporary certificate, the department shall indicate  on
12-12    the temporary certificate that the applicant has completed a voter
12-13    registration application form provided by the department.
12-14          SECTION 21.  Section 521.124, Transportation Code, is amended
12-15    by adding Subsection (c) to read as follows:
12-16          (c)  If an applicant for an original or renewal driver's
12-17    license or a duplicate or corrected license completes a voter
12-18    registration application form provided by the department and the
12-19    department issues a temporary license, the department shall
12-20    indicate on the temporary license that the applicant has completed
12-21    a voter registration application form provided by the department.
12-22          SECTION 22.  Not later than January 1, 2001, the secretary of
12-23    state shall prescribe procedures to implement a statewide
12-24    standardized coding system for coding voter history information
12-25    described by Section 18.062(e), Election Code, as added by this
12-26    Act.
12-27          SECTION 23.  (a)  The secretary of state shall study the
 13-1    feasibility of developing a standardized electronic format for
 13-2    entering voter information relating to residence address, including
 13-3    reviewing any United States Postal Service approved software for
 13-4    address standardization, for the purpose of identifying duplicate
 13-5    registrations by voters.
 13-6          (b)  Not later than December 1, 2000, the secretary of state
 13-7    shall issue a report summarizing:
 13-8                (1)  any recommendations by the secretary for address
 13-9    standardization;
13-10                (2)  any legislation proposed by the secretary for
13-11    address standardization; and
13-12                (3)  any other findings or recommendations related to
13-13    the issue of address standardization.
13-14          (c)  The secretary of state shall promptly deliver copies of
13-15    the report to the governor, the lieutenant governor, and the
13-16    speaker of the house of representatives.
13-17          SECTION 24.  On or before January 1, 2000, the secretary of
13-18    state shall prescribe:
13-19                (1)  a voter registration application form that
13-20    conforms to the changes made by Section 13.122, Election Code, as
13-21    amended by this Act; and
13-22                (2)  a form for a confirmation notice and a
13-23    confirmation notice response that conforms to the changes made by
13-24    Sections 15.052 and 15.053, Election Code, as amended by this Act.
13-25          SECTION 25.  On or before January 1, 2000, the Department of
13-26    Public Safety shall prescribe a temporary license form and a
13-27    temporary personal identification certificate form that conforms to
 14-1    the changes made by Section 20.063(e), Election Code, as added by
 14-2    this Act, and Sections 521.101(h) and 521.124(c), Transportation
 14-3    Code, as added by this Act.
 14-4          SECTION 26.  (a)  The change in law made by Section 18.0615,
 14-5    Election Code, as added by this Act, applies to registration
 14-6    information from elections held on or after November 2, 1999.
 14-7    Registration information from elections held on or after November
 14-8    2, 1999, and before March 31, 2000, must be submitted to the
 14-9    secretary of state on or before April 15, 2000.
14-10          (b)  A county may voluntarily deliver to the secretary of
14-11    state information as provided by Section 18.0615, Election Code, as
14-12    added by this Act, from elections held on or after November 3,
14-13    1998, and before November 2, 1999.
14-14          SECTION 27.  (a)  Except as provided by this section, this
14-15    Act takes effect September 1, 1999.
14-16          (b)  The changes in law made by Sections 13.122(a) and (d),
14-17    Election Code, as amended or added by this Act, take effect January
14-18    1, 2000, and apply only to voter registration application forms
14-19    produced on or after that date.  Voter registration application
14-20    forms produced before January 1, 2000, may continue to be used
14-21    until the supply is exhausted, and the former law governing those
14-22    forms is continued in effect for that purpose.
14-23          (c)  The changes in law made by Section 20.063(e), Election
14-24    Code, as added by this Act, and Sections 521.101(h) and 521.124(c),
14-25    Transportation Code, as added by this Act, take effect January 1,
14-26    2000.
14-27          SECTION 28.  The importance of this legislation and the
 15-1    crowded condition of the calendars in both houses create an
 15-2    emergency and an imperative public necessity that the
 15-3    constitutional rule requiring bills to be read on three several
 15-4    days in each house be suspended, and this rule is hereby suspended.