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.