By Danburg H.B. No. 1699
76R3773 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain voter registration processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 12.006, Election Code, is amended by
1-5 adding Subsection (e) to read as follows:
1-6 (e) A regular deputy registrar shall comply with Sections
1-7 13.033 and 13.040 in the same manner as a volunteer deputy
1-8 registrar.
1-9 SECTION 2. Section 13.002(c), Election Code, is amended to
1-10 read as follows:
1-11 (c) A registration application must include:
1-12 (1) the applicant's first name, middle name, if any,
1-13 last name, and former name, if any;
1-14 (2) the month, day, and year of the applicant's birth;
1-15 (3) a statement that the applicant is a United States
1-16 citizen;
1-17 (4) a statement that the applicant is a resident of
1-18 the county;
1-19 (5) a statement that the applicant has not been
1-20 determined mentally incompetent by a final judgment of a court;
1-21 (6) a statement that the applicant has not been
1-22 finally convicted of a felony or, if so convicted, that the
1-23 applicant has:
1-24 (A) fully discharged the applicant's sentence,
2-1 including any term of incarceration, parole, or supervision, or
2-2 completed a period of probation ordered by any court; or
2-3 (B) been pardoned or otherwise released from the
2-4 resulting disability to vote [is a felon eligible for registration
2-5 under Section 13.001];
2-6 (7) the applicant's residence address or, if the
2-7 residence has no address, the address at which the applicant
2-8 receives mail and a concise description of the location of the
2-9 applicant's residence;
2-10 (8) if the application is made by an agent, a
2-11 statement of the agent's relationship to the applicant; and
2-12 (9) the city and county in which the applicant
2-13 formerly resided and the applicant's former residence address or,
2-14 if the former residence had no address, the address at which the
2-15 applicant received mail and a concise description of the location
2-16 of the applicant's former residence.
2-17 SECTION 3. Section 13.042(c), Election Code, is amended to
2-18 read as follows:
2-19 (c) An application submitted after the 18th [34th] day and
2-20 before the 13th [29th] day before the date of an election in which
2-21 any qualified voter of the county is eligible to vote shall be
2-22 delivered not later than 5 p.m. of the 13th [29th] day before
2-23 election day.
2-24 SECTION 4. Section 13.121(a), Election Code, is amended to
2-25 read as follows:
2-26 (a) The officially prescribed application form for
2-27 registration by mail must be in the form of a business reply
3-1 postcard, unless another form or system is used under Subsection
3-2 (b), with postage paid by the state. The form must be the largest
3-3 size permitted by the United States Postal Service for a business
3-4 reply postcard [may not be larger than the form in use immediately
3-5 prior to January 1, 1986]. The secretary of state shall design the
3-6 form to enhance the legibility of its contents.
3-7 SECTION 5. Section 13.122, Election Code, is amended by
3-8 amending Subsection (a) and adding Subsection (d) to read as
3-9 follows:
3-10 (a) In addition to the other statements and spaces for
3-11 entering information that appear on an officially prescribed
3-12 registration application form, each official form must include:
3-13 (1) the statement: "I understand that giving false
3-14 information to procure a voter registration is perjury and a crime
3-15 under state and federal law.";
3-16 (2) a space for the applicant's registration number;
3-17 (3) a space for the applicant's Texas driver's license
3-18 number or number of a personal identification card issued by the
3-19 Department of Public Safety;
3-20 (4) a space for the applicant's telephone number;
3-21 (5) a space for the applicant's social security
3-22 number;
3-23 (6) a space for the applicant's sex;
3-24 (7) a statement indicating that the omission
3-25 [furnishing] of the applicant's driver's license number, personal
3-26 identification card number, telephone number, social security
3-27 number, or [and] sex does not affect the validity of the
4-1 registration application [is optional];
4-2 (8) a space or box for indicating whether the
4-3 applicant or voter is submitting new registration information or a
4-4 change in current registration information;
4-5 (9) a statement instructing a voter who is using the
4-6 form to make a change in current registration information to enter
4-7 the voter's name and the changed information in the appropriate
4-8 spaces on the form;
4-9 (10) a statement that if the applicant declines to
4-10 register to vote, that fact will remain confidential and will be
4-11 used only for voter registration purposes;
4-12 (11) a statement that if the applicant does register
4-13 to vote, information regarding the agency or office to which the
4-14 application is submitted will remain confidential and will be used
4-15 only for voter registration purposes; and
4-16 (12) any other voter registration information required
4-17 by federal law or considered appropriate and required by the
4-18 secretary of state.
4-19 (d) The portion of an official registration application form
4-20 that is to be returned by the applicant may not include the word
4-21 "optional" in the space provided for the applicant's driver's
4-22 license number, personal identification card number, telephone
4-23 number, or social security number.
4-24 SECTION 6. Section 13.141, Election Code, is amended by
4-25 adding Subsection (c) to read as follows:
4-26 (c) The secretary of state shall prescribe procedures to:
4-27 (1) ensure that the original registration number
5-1 assigned by the registrar is retained by the voter until the
5-2 voter's registration is canceled in that county; and
5-3 (2) promote retention of the voter's original
5-4 registration number to the extent practicable if the voter changes
5-5 residence to another county.
5-6 SECTION 7. Sections 13.143(a) and (e), Election Code, are
5-7 amended to read as follows:
5-8 (a) Except as provided by Subsections (b) and (e), if an
5-9 applicant's registration application is approved, the registration
5-10 becomes effective on the 14th [30th] day after the date the
5-11 application is submitted to the registrar or on the date the
5-12 applicant becomes 18 years of age, whichever is later.
5-13 (e) If the 14th [30th] day before the date of an election is
5-14 a Saturday, Sunday, or legal state or national holiday, an
5-15 application is considered to be timely if it is submitted to the
5-16 registrar on or before the next regular business day.
5-17 SECTION 8. The heading to Subchapter C, Chapter 15, Election
5-18 Code, is amended to read as follows:
5-19 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
5-20 [RESIDENCE]
5-21 SECTION 9. Section 15.051(a), Election Code, is amended to
5-22 read as follows:
5-23 (a) If the registrar:
5-24 (1) has reason to believe that a voter's current
5-25 residence is different from that indicated on the registration
5-26 records, the registrar shall deliver to the voter a written
5-27 confirmation notice requesting confirmation of the voter's current
6-1 residence; or
6-2 (2) receives information relating to the voter's death
6-3 from a source other than a source described by Section 16.001 or
6-4 16.031(b), the registrar shall deliver to the voter's address a
6-5 written confirmation notice requesting confirmation of the voter's
6-6 death.
6-7 SECTION 10. Section 15.052, Election Code, is amended to
6-8 read as follows:
6-9 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
6-10 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
6-11 confirmation notice requesting confirmation of a voter's current
6-12 residence must include:
6-13 (1) a statement that, if the voter fails to submit
6-14 [deliver] to the registrar a written, signed response confirming
6-15 the voter's current residence on or before the 30th day after the
6-16 date the confirmation notice is mailed:
6-17 (A) the voter is subject to submission of a
6-18 statement of residence before the voter may be accepted for voting
6-19 in an election held after that deadline; or
6-20 (B) for a notice delivered under Section 14.023,
6-21 the voter will remain subject to submission of a statement of
6-22 residence before the voter may be accepted for voting in an
6-23 election; and
6-24 (2) a warning that the voter's registration is subject
6-25 to cancellation if the voter fails to confirm the voter's current
6-26 residence either by notifying the registrar in writing or voting on
6-27 a statement of residence before November 30 following the second
7-1 general election for state and county officers that occurs after
7-2 the date the confirmation notice is mailed.
7-3 (b) The officially prescribed form for a confirmation notice
7-4 requesting confirmation of a voter's death must include:
7-5 (1) a section that may be completed and signed by any
7-6 person related within the second degree by consanguinity or
7-7 affinity, as determined under Chapter 573, Government Code,
7-8 confirming by a sworn statement that the information relating to
7-9 the voter's death received by the registrar is correct;
7-10 (2) a section that must be completed and signed by the
7-11 voter notifying the registrar that information received by the
7-12 registrar relating to the voter's death is incorrect;
7-13 (3) a statement that, if the completed and signed
7-14 section of the form described by Subdivision (2) is not delivered
7-15 to the registrar on or before the 30th day after the date the
7-16 confirmation notice is mailed:
7-17 (A) the voter is subject to submission of a
7-18 statement of residence before the voter may be accepted for voting
7-19 in an election held after that deadline; or
7-20 (B) for a notice delivered under Section 14.023,
7-21 the voter will remain subject to submission of a statement of
7-22 residence before the voter may be accepted for voting in an
7-23 election; and
7-24 (4) a warning that the voter's registration is subject
7-25 to cancellation if the voter fails to vote on a statement of
7-26 residence or notify the registrar in writing that the information
7-27 received by the registrar relating to the voter's death is
8-1 incorrect before November 30 following the second general election
8-2 for state and county officers that occurs after the date the
8-3 confirmation notice is mailed.
8-4 (c) [(b)] The official confirmation notice response form
8-5 must be postage prepaid and preaddressed for delivery to the
8-6 registrar.
8-7 (d) [(c)] The registrar may prescribe a different design
8-8 from that prescribed by the secretary of state for an official
8-9 form, if approved by the secretary.
8-10 SECTION 11. Section 15.053(a), Election Code, is amended to
8-11 read as follows:
8-12 (a) Not later than the 30th day after the date a
8-13 confirmation notice requesting confirmation of a voter's current
8-14 residence is mailed, the voter shall submit [deliver] to the
8-15 registrar a written, signed response to the notice that confirms
8-16 the voter's current residence. Not later than the 30th day after
8-17 the date a confirmation notice requesting confirmation of a voter's
8-18 death is mailed, a voter who is incorrectly referenced as deceased
8-19 shall deliver to the registrar a written, signed response to the
8-20 notice notifying the registrar that the information received by the
8-21 registrar relating to the voter's death is incorrect.
8-22 SECTION 12. Section 16.031(b), Election Code, is amended to
8-23 read as follows:
8-24 (b) The registrar shall cancel a voter's registration
8-25 immediately if the registrar:
8-26 (1) determines from information received under Section
8-27 16.001(c) that the voter is deceased; or
9-1 (2) [has personal knowledge that the voter is
9-2 deceased; or]
9-3 [(3)] receives from a person related within the second
9-4 degree by consanguinity or affinity, as determined under Chapter
9-5 573, Government Code, to the voter a sworn statement by that person
9-6 indicating that the voter is deceased.
9-7 SECTION 13. Section 18.008, Election Code, is amended by
9-8 adding Subsections (e) and (f) to read as follows:
9-9 (e) The secretary of state shall prescribe a schedule of
9-10 fees for furnishing information under this section. A fee may not
9-11 exceed the actual expense incurred in reproducing the information
9-12 requested. The registrar shall use fees collected under this
9-13 section to defray expenses incurred in furnishing the information.
9-14 (f) If a county contracts with a computer service company or
9-15 other business entity for services related to the lists required
9-16 under this subchapter, the computer service company or other
9-17 business entity may not charge more than the county is authorized
9-18 to charge for furnishing a copy of any list prepared under this
9-19 subchapter.
9-20 SECTION 14. Section 18.061, Election Code, is amended by
9-21 amending Subsection (b) and adding Subsection (d) to read as
9-22 follows:
9-23 (b) A service program must include:
9-24 (1) obtaining registration information from registrars
9-25 and other available sources for a master file on registered voters;
9-26 (2) periodically obtaining information from registrars
9-27 and other available sources for the following purposes:
10-1 (A) to aid in determining the proper status of
10-2 voters on the lists of registered voters; [and]
10-3 (B) to aid in ascertaining the proper
10-4 registration information for each registered voter; and
10-5 (C) to aid in ascertaining the history of
10-6 participation of each registered voter in city elections, primary
10-7 elections, and general elections for state and county officers; and
10-8 (3) furnishing information that may be useful to the
10-9 registrars in the performance of their official duties.
10-10 (d) The secretary of state shall periodically provide
10-11 registrars with updated registration information in the media
10-12 requested to assist the registrars in maintaining accurate lists of
10-13 registered voters.
10-14 SECTION 15. Section 18.062, Election Code, is amended by
10-15 amending Subsection (c) and adding Subsection (e) to read as
10-16 follows:
10-17 (c) The file must include each voter's:
10-18 (1) name;
10-19 (2) county of residence;
10-20 (3) county election precinct number;
10-21 (4) residence address or, if the residence has no
10-22 address, the address at which the voter receives mail;
10-23 (5) date of birth; [and]
10-24 (6) registration number;
10-25 (7) available jurisdictional or distinguishing number
10-26 for each territorial unit in which the voter resides as described
10-27 by Section 15.002(c); and
11-1 (8) history of participation in city elections,
11-2 primary elections, and general elections for state and county
11-3 officers.
11-4 (e) For purposes of Subsection (c)(8), a voter's history of
11-5 participation in the elections includes only information
11-6 indicating, as applicable:
11-7 (1) that the voter voted in a particular election; and
11-8 (2) that the voter voted through early voting in a
11-9 particular election.
11-10 SECTION 16. Section 19.002(a), Election Code, is amended to
11-11 read as follows:
11-12 (a) Each registrar is entitled to receive the sum of the
11-13 following amounts:
11-14 (1) 15 [25] cents multiplied by the number of initial
11-15 registrations certified under Section 19.001(a)(1);
11-16 (2) 50 [40] cents multiplied by the number of canceled
11-17 registrations certified under Section 19.001(a)(2);
11-18 (3) 50 [40] cents multiplied by the number of updated
11-19 registrations under Section 19.001(a)(3); and
11-20 (4) in each even-numbered year, 50 [40] cents
11-21 multiplied by the difference between the number of registered
11-22 voters and the number of initial registrations certified for the
11-23 two previous voting years.
11-24 SECTION 17. Section 20.032, Election Code, is amended by
11-25 adding Subsection (e) to read as follows:
11-26 (e) An agency employee who provides voter registration
11-27 assistance under this section shall comply with Sections 13.033 and
12-1 13.040 in the same manner as a volunteer deputy registrar.
12-2 SECTION 18. Section 20.035, Election Code, is amended by
12-3 adding Subsection (c) to read as follows:
12-4 (c) An application submitted after the 18th day and before
12-5 the 13th day before the date of an election in which any qualified
12-6 voter of the county is eligible to vote shall be delivered not
12-7 later than 5 p.m. of the 13th day before election day.
12-8 SECTION 19. Subchapter B, Chapter 20, Election Code, is
12-9 amended by adding Section 20.0351 to read as follows:
12-10 Sec. 20.0351. FAILURE TO DELIVER APPLICATION. (a) If the
12-11 secretary of state determines that the agency has failed to comply
12-12 with Section 20.035, the secretary shall certify that determination
12-13 to the comptroller.
12-14 (b) On receipt of a certification by the secretary of state
12-15 under Subsection (a), the comptroller shall notify the agency that
12-16 is the subject of the certification that funds appropriated to the
12-17 agency are subject to a reduction in the amount of $500 for each
12-18 violation as provided by this section unless, not later than the
12-19 30th day after the date the agency receives notice from the
12-20 comptroller under this subsection, the agency submits to the
12-21 comptroller proof that the agency has complied with Section 20.035.
12-22 If the agency fails to submit to the comptroller the proof required
12-23 by this subsection, the comptroller shall:
12-24 (1) reduce the funds appropriated to the agency for
12-25 the fiscal year in which the agency fails to comply with Section
12-26 20.035 by the amount of $500 for each violation; or
12-27 (2) if all funds appropriated to the agency for the
13-1 fiscal year in which the agency fails to comply with Section 20.035
13-2 have been distributed to the agency, reduce the funds appropriated
13-3 to the agency during the next fiscal year by the amount of $500 for
13-4 each violation.
13-5 SECTION 20. Not later than January 1, 2001, the secretary of
13-6 state shall prescribe procedures to implement a statewide
13-7 standardized coding system:
13-8 (1) for assigning a jurisdictional or distinguishing
13-9 number for each territorial unit in which a voter resides,
13-10 including the territorial units described by Section 15.002(c),
13-11 Election Code; and
13-12 (2) for coding voter history information described by
13-13 Section 18.062(e), Election Code, as added by this Act.
13-14 SECTION 21. (a) The secretary of state shall study the
13-15 feasibility of developing a standardized electronic format for
13-16 entering voter information relating to residence address, including
13-17 reviewing any United States Postal Service approved software for
13-18 address standardization, for the purpose of identifying duplicate
13-19 registrations by voters.
13-20 (b) Not later than December 1, 2000, the secretary of state
13-21 shall issue a report summarizing:
13-22 (1) any recommendations by the secretary for address
13-23 standardization;
13-24 (2) any legislation proposed by the secretary for
13-25 address standardization; and
13-26 (3) any other findings or recommendations related to
13-27 the issue of address standardization.
14-1 (c) The secretary of state shall promptly deliver copies of
14-2 the report to the governor, lieutenant governor, and the speaker of
14-3 the house of representatives.
14-4 SECTION 22. (a) Except as provided by this section, this
14-5 Act takes effect September 1, 1999.
14-6 (b) The changes in law made by this Act to Sections
14-7 13.002(c), 13.121(a), and 13.122(a) and (d), Election Code, as
14-8 amended by this Act, take effect January 1, 2000, and apply only to
14-9 voter registration application forms produced on or after that
14-10 date. Voter registration application forms produced before January
14-11 1, 2000, may continue to be used until the supply is exhausted, and
14-12 the former law governing those forms is continued in effect for
14-13 that purpose.
14-14 (c) The change in law made by this Act to Section 18.008,
14-15 Election Code, as amended by this Act, takes effect January 1,
14-16 2000. The change in law does not apply to a computer service
14-17 company or other private business entity if the contract between
14-18 the county and the company or other entity was entered into before
14-19 that effective date and contains a provision that directly
14-20 conflicts with the provisions of that section. On the renewal of a
14-21 contract that contains a provision that directly conflicts with the
14-22 provisions of Section 18.008, Election Code, as amended by this
14-23 Act, the conflicting provision is void.
14-24 SECTION 23. On or before January 1, 2000, the secretary of
14-25 state shall prescribe:
14-26 (1) a voter registration application form that
14-27 conforms to the changes made by Sections 13.002, 13.121, and
15-1 13.122, Election Code, as amended by this Act;
15-2 (2) a form for a confirmation notice and a
15-3 confirmation notice response that conforms to the changes made by
15-4 Sections 15.052 and 15.053, Election Code, as amended by this Act;
15-5 and
15-6 (3) a schedule of fees for furnishing information
15-7 under Section 18.008, Election Code, as amended by this Act.
15-8 SECTION 24. The importance of this legislation and the
15-9 crowded condition of the calendars in both houses create an
15-10 emergency and an imperative public necessity that the
15-11 constitutional rule requiring bills to be read on three several
15-12 days in each house be suspended, and this rule is hereby suspended.