76R14755 E
By Danburg H.B. No. 1699
Substitute the following for H.B. No. 1699:
By Madden C.S.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 the
6-19 Department of Public Safety shall prepare an abstract of
6-20 information received under Chapter 60, Code of Criminal Procedure,
6-21 [both the clerk of each court having felony jurisdiction] and the
6-22 institutional division of the Texas Department of Criminal Justice
6-23 shall prepare an abstract of each final judgment of a court [served
6-24 by the clerk or] received by the institutional division, [as
6-25 applicable,] occurring in the month, convicting a person 18 years
6-26 of age or older who is a resident of the state of a felony.
6-27 (b) The Department of Public Safety [clerk] and the
7-1 institutional division of the Texas Department of Criminal Justice
7-2 shall file each abstract with the voter registrar of the person's
7-3 county of residence within a reasonable period and in accordance
7-4 with guidelines adopted by the respective agency [not later than
7-5 the 10th day of the month following the month in which the abstract
7-6 is prepared].
7-7 SECTION 8. Section 18.005(a), Election Code, is amended to
7-8 read as follows:
7-9 (a) Each original and supplemental list of registered voters
7-10 must:
7-11 (1) contain the voter's name, residence address,
7-12 mailing address, date of birth, and registration number;
7-13 (2) be arranged alphabetically by voter name; and
7-14 (3) contain the notation required by Section 15.111.
7-15 SECTION 9. Sections 18.008(a) and (c), Election Code, are
7-16 amended to read as follows:
7-17 (a) The registrar shall furnish a copy of any list prepared
7-18 under this subchapter to any person requesting it. The copy shall
7-19 be furnished without the names of voters whose names appear on a
7-20 list with the notation "S", or a similar notation, if requested in
7-21 that form. The registrar shall furnish the list directly to the
7-22 person requesting it. If the county has contracted with a computer
7-23 service company or other private business entity for services
7-24 related to the lists required under this subchapter, the registrar
7-25 may not require the person requesting the list to contact the
7-26 company or other entity to obtain a copy of the list.
7-27 (c) If the list is recorded on magnetic media [tape], the
8-1 copy shall be furnished in the same magnetic media [form of a tape]
8-2 or as a printout, as requested.
8-3 SECTION 10. Section 18.061, Election Code, is amended by
8-4 amending Subsection (b) and adding Subsections (d) and (e) to read
8-5 as follows:
8-6 (b) A service program must include:
8-7 (1) obtaining registration information from registrars
8-8 and other available sources for a master file on registered voters;
8-9 (2) periodically obtaining information from registrars
8-10 and other available sources for the following purposes:
8-11 (A) to aid in determining the proper status of
8-12 voters on the lists of registered voters; [and]
8-13 (B) to aid in ascertaining the proper
8-14 registration information for each registered voter; and
8-15 (C) to aid in ascertaining the history of
8-16 participation of each registered voter in primary and general
8-17 elections; and
8-18 (3) furnishing information that may be useful to the
8-19 registrars in the performance of their official duties.
8-20 (d) The secretary of state shall periodically provide
8-21 registrars with updated registration information in the media
8-22 requested to assist the registrars in maintaining accurate lists of
8-23 registered voters.
8-24 (e) A county or the secretary of state may acquire by
8-25 purchase, gift, or any other method the hardware and software
8-26 necessary to support the use of electronic data services.
8-27 SECTION 11. Subchapter C, Chapter 18, Election Code, is
9-1 amended by adding Section 18.0615 to read as follows:
9-2 Sec. 18.0615. ELECTRONIC REPORTING REQUIRED. (a) Each
9-3 county shall deliver to the secretary of state in electronic form
9-4 the information required by this subchapter. A county may deliver
9-5 the information by means of electronic data services provided under
9-6 a contract with the secretary.
9-7 (b) The secretary of state shall prescribe the procedures
9-8 for implementing this section.
9-9 SECTION 12. Section 18.062, Election Code, is amended by
9-10 amending Subsection (c) and adding Subsection (e) to read as
9-11 follows:
9-12 (c) The file must include each voter's:
9-13 (1) name;
9-14 (2) county of residence;
9-15 (3) county election precinct number;
9-16 (4) residence address or, if the residence has no
9-17 address, the address at which the voter receives mail;
9-18 (5) date of birth; [and]
9-19 (6) registration number; and
9-20 (7) history of participation in primary and general
9-21 elections.
9-22 (e) For purposes of Subsection (c)(7), a voter's history of
9-23 participation in the elections includes only information
9-24 indicating, as applicable:
9-25 (1) that the voter voted in a particular election; and
9-26 (2) that the voter voted by mail or by personal
9-27 appearance during the early voting period in a particular election.
10-1 SECTION 13. Section 18.063(a), Election Code, is amended to
10-2 read as follows:
10-3 (a) On or after the first day but before the 16th day of
10-4 February, April [January, March], June, September, and December of
10-5 each year, each registrar of a county that has not contracted with
10-6 the secretary of state for electronic data services to facilitate
10-7 the implementation of the registration service program shall
10-8 deliver to the secretary of state a list containing each new
10-9 registration, canceled registration, voting history information,
10-10 and change in registration information that has occurred in the
10-11 county since the delivery of the previous list under this
10-12 subsection or Subsection (b), as applicable.
10-13 SECTION 14. Section 18.064, Election Code, is amended to
10-14 read as follows:
10-15 Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
10-16 fails to substantially comply with Section 15.083 [14.025], 16.032,
10-17 18.042, or 18.063 or with rules adopted by the secretary of state
10-18 implementing the registration service program, the registrar is not
10-19 entitled to receive state funds for financing voter registration in
10-20 the county.
10-21 SECTION 15. Section 18.065(a), Election Code, is amended to
10-22 read as follows:
10-23 (a) The secretary of state shall monitor each registrar for
10-24 substantial compliance with Sections 15.083 [14.025], 16.032,
10-25 18.042, and 18.063 and with rules implementing the registration
10-26 service program.
10-27 SECTION 16. Section 19.002(d), Election Code, is amended to
11-1 read as follows:
11-2 (d) The comptroller may not issue a warrant if on June 1 of
11-3 the year in which the warrant is to be issued the most recent
11-4 notice received by the comptroller from the secretary of state
11-5 under Section 18.065 indicates that the registrar is not in
11-6 substantial compliance with Section 15.083 [14.025], 16.032,
11-7 18.042, or 18.063 or with rules implementing the registration
11-8 service program.
11-9 SECTION 17. Section 20.035, Election Code, is amended by
11-10 amending Subsection (b) and adding Subsection (c) to read as
11-11 follows:
11-12 (b) Except as provided by Subsection (c), an [An]
11-13 application shall be delivered to the registrar not later than 5
11-14 p.m. of the fifth day after the date the application is submitted
11-15 to the employee.
11-16 (c) An application submitted after the 34th day and before
11-17 the 29th day before the date of an election in which any qualified
11-18 voter of the county is eligible to vote shall be delivered not
11-19 later than 5 p.m. of the 29th day before election day.
11-20 SECTION 18. Section 20.063, Election Code, is amended by
11-21 adding Subsection (e) to read as follows:
11-22 (e) If an applicant for an original or renewal driver's
11-23 license, personal identification card, or duplicate or corrected
11-24 license or card completes a voter registration application form
11-25 provided by the department and the department issues a temporary
11-26 license or card, the department shall indicate on the temporary
11-27 license or card that the applicant has completed a voter
12-1 registration application form provided by the department. The
12-2 secretary of state shall prescribe procedures to permit a person to
12-3 use a temporary license or card issued under this subsection for
12-4 purposes of voting in an election.
12-5 SECTION 19. Article 42.03, Code of Criminal Procedure, is
12-6 amended by adding Section 5 to read as follows:
12-7 Sec. 5. At the time the judge pronounces the sentence, the
12-8 judge shall inform a defendant convicted of a felony that the
12-9 defendant will lose the right to vote from the time the judgment
12-10 becomes final until the time the defendant's sentence has been
12-11 fully discharged or the defendant has been pardoned or otherwise
12-12 released from the resulting disability to vote as described by
12-13 Section 11.002(4), Election Code.
12-14 SECTION 20. Section 521.101, Transportation Code, is amended
12-15 by adding Subsection (h) to read as follows:
12-16 (h) If an applicant for a personal identification
12-17 certificate or a duplicate or corrected certificate completes a
12-18 voter registration application form provided by the department
12-19 under Subchapter C, Chapter 20, Election Code, and the department
12-20 issues a temporary certificate, the department shall indicate on
12-21 the temporary certificate that the applicant has completed a voter
12-22 registration application form provided by the department.
12-23 SECTION 21. Section 521.124, Transportation Code, is amended
12-24 by adding Subsection (c) to read as follows:
12-25 (c) If an applicant for an original or renewal driver's
12-26 license or a duplicate or corrected license completes a voter
12-27 registration application form provided by the department and the
13-1 department issues a temporary license, the department shall
13-2 indicate on the temporary license that the applicant has completed
13-3 a voter registration application form provided by the department.
13-4 SECTION 22. Not later than January 1, 2001, the secretary of
13-5 state shall prescribe procedures to implement a statewide
13-6 standardized coding system for coding voter history information
13-7 described by Section 18.062(e), Election Code, as added by this
13-8 Act.
13-9 SECTION 23. (a) The secretary of state shall study the
13-10 feasibility of developing a standardized electronic format for
13-11 entering voter information relating to residence address, including
13-12 reviewing any United States Postal Service approved software for
13-13 address standardization, for the purpose of identifying duplicate
13-14 registrations by voters.
13-15 (b) Not later than December 1, 2000, the secretary of state
13-16 shall issue a report summarizing:
13-17 (1) any recommendations by the secretary for address
13-18 standardization;
13-19 (2) any legislation proposed by the secretary for
13-20 address standardization; and
13-21 (3) any other findings or recommendations related to
13-22 the issue of address standardization.
13-23 (c) The secretary of state shall promptly deliver copies of
13-24 the report to the governor, the lieutenant governor, and the
13-25 speaker of the house of representatives.
13-26 SECTION 24. On or before January 1, 2000, the secretary of
13-27 state shall prescribe:
14-1 (1) a voter registration application form that
14-2 conforms to the changes made by Section 13.122, Election Code, as
14-3 amended by this Act; and
14-4 (2) a form for a confirmation notice and a
14-5 confirmation notice response that conforms to the changes made by
14-6 Sections 15.052 and 15.053, Election Code, as amended by this Act.
14-7 SECTION 25. On or before January 1, 2000, the Department of
14-8 Public Safety shall prescribe a temporary license form and a
14-9 temporary personal identification certificate form that conforms to
14-10 the changes made by Section 20.063(e), Election Code, as added by
14-11 this Act, and Sections 521.101(h) and 521.124(c), Transportation
14-12 Code, as added by this Act.
14-13 SECTION 26. (a) The change in law made by Section 18.0615,
14-14 Election Code, as added by this Act, applies to registration
14-15 information from elections held on or after November 2, 1999.
14-16 Registration information from elections held on or after November
14-17 2, 1999, and before March 31, 2000, must be submitted to the
14-18 secretary of state on or before April 15, 2000.
14-19 (b) A county may voluntarily deliver to the secretary of
14-20 state information as provided by Section 18.0615, Election Code, as
14-21 added by this Act, from elections held on or after November 3,
14-22 1998, and before November 2, 1999.
14-23 SECTION 27. (a) Except as provided by this section, this
14-24 Act takes effect September 1, 1999.
14-25 (b) The changes in law made by Sections 13.122(a) and (d),
14-26 Election Code, as amended or added by this Act, take effect January
14-27 1, 2000, and apply only to voter registration application forms
15-1 produced on or after that date. Voter registration application
15-2 forms produced before January 1, 2000, may continue to be used
15-3 until the supply is exhausted, and the former law governing those
15-4 forms is continued in effect for that purpose.
15-5 (c) The changes in law made by Section 20.063(e), Election
15-6 Code, as added by this Act, and Sections 521.101(h) and 521.124(c),
15-7 Transportation Code, as added by this Act, take effect January 1,
15-8 2000.
15-9 SECTION 28. The importance of this legislation and the
15-10 crowded condition of the calendars in both houses create an
15-11 emergency and an imperative public necessity that the
15-12 constitutional rule requiring bills to be read on three several
15-13 days in each house be suspended, and this rule is hereby suspended.