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.