1-1 By: Danburg (Senate Sponsor - Haywood) H.B. No. 1699
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on State
1-4 Affairs; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain voter registration information, processes, and
1-9 procedures.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 13.004, Election Code, is amended to read
1-12 as follows:
1-13 Sec. 13.004. RECORDING AND DISCLOSURE OF TELEPHONE NUMBER OR
1-14 SOCIAL SECURITY NUMBER BY REGISTRAR. (a) The registrar may not
1-15 transcribe, copy, or otherwise record a telephone number furnished
1-16 on a registration application.
1-17 (b) The registrar may transcribe, copy, or otherwise record
1-18 a social security number furnished on a registration application
1-19 only in maintaining the accuracy of the registration records.
1-20 (c) A social security number or telephone number furnished
1-21 on a registration application is confidential and does not
1-22 constitute public information for purposes of Chapter 552,
1-23 Government Code. The registrar shall ensure that the social
1-24 security number and telephone number are excluded from disclosure.
1-25 SECTION 2. Section 13.122, Election Code, is amended by
1-26 amending Subsection (a) and adding Subsection (d) to read as
1-27 follows:
1-28 (a) In addition to the other statements and spaces for
1-29 entering information that appear on an officially prescribed
1-30 registration application form, each official form must include:
1-31 (1) the statement: "I understand that giving false
1-32 information to procure a voter registration is perjury and a crime
1-33 under state and federal law.";
1-34 (2) a space for the applicant's registration number;
1-35 (3) a space for the applicant's Texas driver's license
1-36 number or number of a personal identification card issued by the
1-37 Department of Public Safety;
1-38 (4) a space for the applicant's telephone number;
1-39 (5) a space for the applicant's social security
1-40 number;
1-41 (6) a space for the applicant's sex;
1-42 (7) a statement indicating that the omission
1-43 [furnishing] of the applicant's driver's license number, personal
1-44 identification card number, telephone number, social security
1-45 number, or [and] sex does not affect the validity of the
1-46 registration application [is optional];
1-47 (8) a space or box for indicating whether the
1-48 applicant or voter is submitting new registration information or a
1-49 change in current registration information;
1-50 (9) a statement instructing a voter who is using the
1-51 form to make a change in current registration information to enter
1-52 the voter's name and the changed information in the appropriate
1-53 spaces on the form;
1-54 (10) a statement that if the applicant declines to
1-55 register to vote, that fact will remain confidential and will be
1-56 used only for voter registration purposes;
1-57 (11) a statement that if the applicant does register
1-58 to vote, information regarding the agency or office to which the
1-59 application is submitted will remain confidential and will be used
1-60 only for voter registration purposes; and
1-61 (12) any other voter registration information required
1-62 by federal law or considered appropriate and required by the
1-63 secretary of state.
1-64 (d) The portion of an official registration application form
2-1 that is to be returned by the applicant may not include the word
2-2 "optional" in the space provided for the applicant's driver's
2-3 license number, personal identification card number, telephone
2-4 number, or social security number.
2-5 SECTION 3. The heading to Subchapter C, Chapter 15, Election
2-6 Code, is amended to read as follows:
2-7 SUBCHAPTER C. CONFIRMATION OF REGISTRATION INFORMATION
2-8 [RESIDENCE]
2-9 SECTION 4. Section 15.051(a), Election Code, is amended to
2-10 read as follows:
2-11 (a) If the registrar:
2-12 (1) has reason to believe that a voter's current
2-13 residence is different from that indicated on the registration
2-14 records, the registrar shall deliver to the voter a written
2-15 confirmation notice requesting confirmation of the voter's current
2-16 residence; or
2-17 (2) receives information relating to the voter's death
2-18 from a source other than a source described by Section 16.001 or
2-19 16.031(b), the registrar shall deliver to the voter's address a
2-20 written confirmation notice requesting confirmation of the voter's
2-21 death.
2-22 SECTION 5. Section 15.052, Election Code, is amended to read
2-23 as follows:
2-24 Sec. 15.052. OFFICIAL CONFIRMATION NOTICE AND CONFIRMATION
2-25 NOTICE RESPONSE FORMS. (a) The officially prescribed form for a
2-26 confirmation notice requesting confirmation of a voter's current
2-27 residence must include:
2-28 (1) a statement that, if the voter fails to submit
2-29 [deliver] to the registrar a written, signed response confirming
2-30 the voter's current residence on or before the 30th day after the
2-31 date the confirmation notice is mailed:
2-32 (A) the voter is subject to submission of a
2-33 statement of residence before the voter may be accepted for voting
2-34 in an election held after that deadline; or
2-35 (B) for a notice delivered under Section 14.023,
2-36 the voter will remain subject to submission of a statement of
2-37 residence before the voter may be accepted for voting in an
2-38 election; and
2-39 (2) a warning that the voter's registration is subject
2-40 to cancellation if the voter fails to confirm the voter's current
2-41 residence either by notifying the registrar in writing or voting on
2-42 a statement of residence before November 30 following the second
2-43 general election for state and county officers that occurs after
2-44 the date the confirmation notice is mailed.
2-45 (b) The officially prescribed form for a confirmation notice
2-46 requesting confirmation of a voter's death must include:
2-47 (1) a section that may be completed and signed by any
2-48 person related within the second degree by consanguinity or
2-49 affinity, as determined under Chapter 573, Government Code,
2-50 confirming by a sworn statement that the information relating to
2-51 the voter's death received by the registrar is correct;
2-52 (2) a section that must be completed and signed by the
2-53 voter notifying the registrar that information received by the
2-54 registrar relating to the voter's death is incorrect;
2-55 (3) a statement that, if the completed and signed
2-56 section of the form described by Subdivision (2) is not submitted
2-57 to the registrar on or before the 30th day after the date the
2-58 confirmation notice is mailed:
2-59 (A) the voter is subject to submission of a
2-60 statement of residence before the voter may be accepted for voting
2-61 in an election held after that deadline; or
2-62 (B) for a notice delivered under Section 14.023,
2-63 the voter will remain subject to submission of a statement of
2-64 residence before the voter may be accepted for voting in an
2-65 election; and
2-66 (4) a warning that the voter's registration is subject
2-67 to cancellation if the voter fails to vote on a statement of
2-68 residence or notify the registrar in writing that the information
2-69 received by the registrar relating to the voter's death is
3-1 incorrect before November 30 following the second general election
3-2 for state and county officers that occurs after the date the
3-3 confirmation notice is mailed.
3-4 (c) The official confirmation notice response form must be
3-5 postage prepaid and preaddressed for delivery to the registrar.
3-6 (d) [(c)] The registrar may prescribe a different design
3-7 from that prescribed by the secretary of state for an official
3-8 form, if approved by the secretary.
3-9 SECTION 6. Section 15.053(a), Election Code, is amended to
3-10 read as follows:
3-11 (a) Not later than the 30th day after the date a
3-12 confirmation notice requesting confirmation of a voter's current
3-13 residence is mailed, the voter shall submit [deliver] to the
3-14 registrar a written, signed response to the notice that confirms
3-15 the voter's current residence. Not later than the 30th day after
3-16 the date a confirmation notice requesting confirmation of a voter's
3-17 death is mailed, a voter who is incorrectly referenced as deceased
3-18 shall submit to the registrar a written, signed response to the
3-19 notice notifying the registrar that the information received by the
3-20 registrar relating to the voter's death is incorrect.
3-21 SECTION 7. Section 16.003, Election Code, is amended to read
3-22 as follows:
3-23 Sec. 16.003. FELONY CONVICTION. (a) Each month [both the
3-24 clerk of each court having felony jurisdiction and] the
3-25 institutional division of the Texas Department of Criminal Justice
3-26 shall prepare an abstract of each final judgment [of a court served
3-27 by the clerk or] received by the institutional division, [as
3-28 applicable,] occurring in the month, convicting a person 18 years
3-29 of age or older who is a resident of the state of a felony.
3-30 (b) The [clerk and the] institutional division of the Texas
3-31 Department of Criminal Justice shall file each abstract with the
3-32 voter registrar of the person's county of residence not later than
3-33 the 10th day of the month following the month in which the abstract
3-34 is prepared.
3-35 SECTION 8. Section 18.005(a), Election Code, is amended to
3-36 read as follows:
3-37 (a) Each original and supplemental list of registered voters
3-38 must:
3-39 (1) contain the voter's name, residence address,
3-40 mailing address, date of birth, and registration number;
3-41 (2) be arranged alphabetically by voter name; and
3-42 (3) contain the notation required by Section 15.111.
3-43 SECTION 9. Sections 18.008(a) and (c), Election Code, are
3-44 amended to read as follows:
3-45 (a) The registrar shall furnish a copy of any list prepared
3-46 under this subchapter to any person requesting it. The copy shall
3-47 be furnished without the names of voters whose names appear on a
3-48 list with the notation "S", or a similar notation, if requested in
3-49 that form. The registrar shall furnish the list directly to the
3-50 person requesting it. If the county has contracted with a computer
3-51 service company or other private business entity for services
3-52 related to the lists required under this subchapter, the registrar
3-53 may not require the person requesting the list to contact the
3-54 company or other entity to obtain a copy of the list.
3-55 (c) If the list is recorded on magnetic media [tape], the
3-56 copy shall be furnished in the same magnetic media [form of a tape]
3-57 or as a printout, as requested.
3-58 SECTION 10. Section 18.061, Election Code, is amended by
3-59 amending Subsection (b) and adding Subsections (d) and (e) to read
3-60 as follows:
3-61 (b) A service program must include:
3-62 (1) obtaining registration information from registrars
3-63 and other available sources for a master file on registered voters;
3-64 (2) periodically obtaining information from registrars
3-65 and other available sources for the following purposes:
3-66 (A) to aid in determining the proper status of
3-67 voters on the lists of registered voters; [and]
3-68 (B) to aid in ascertaining the proper
3-69 registration information for each registered voter; and
4-1 (C) to aid in ascertaining the history of
4-2 participation of each registered voter in general elections; and
4-3 (3) furnishing information that may be useful to the
4-4 registrars in the performance of their official duties.
4-5 (d) The secretary of state shall periodically provide
4-6 registrars with updated registration information in the media
4-7 requested to assist the registrars in maintaining accurate lists of
4-8 registered voters.
4-9 (e) A county or the secretary of state may acquire by
4-10 purchase, gift, or any other method the hardware and software
4-11 necessary to support the use of electronic data services.
4-12 SECTION 11. Subchapter C, Chapter 18, Election Code, is
4-13 amended by adding Section 18.0615 to read as follows:
4-14 Sec. 18.0615. ELECTRONIC REPORTING REQUIRED. (a) Each
4-15 county shall deliver to the secretary of state in electronic form
4-16 the information required by this subchapter. A county may deliver
4-17 the information by means of electronic data services provided under
4-18 a contract with the secretary.
4-19 (b) The secretary of state shall prescribe the procedures
4-20 for implementing this section.
4-21 SECTION 12. Section 18.062, Election Code, is amended by
4-22 amending Subsection (c) and adding Subsection (e) to read as
4-23 follows:
4-24 (c) The file must include each voter's:
4-25 (1) name;
4-26 (2) county of residence;
4-27 (3) county election precinct number;
4-28 (4) residence address or, if the residence has no
4-29 address, the address at which the voter receives mail;
4-30 (5) date of birth; [and]
4-31 (6) registration number; and
4-32 (7) history of participation in general elections.
4-33 (e) For purposes of Subsection (c)(7), a voter's history of
4-34 participation in the elections includes only information indicating
4-35 that the voter voted in a particular election.
4-36 SECTION 13. Section 18.063(a), Election Code, is amended to
4-37 read as follows:
4-38 (a) On or after the first day but before the 16th day of
4-39 February, April [January, March], June, September, and December of
4-40 each year, each registrar of a county that has not contracted with
4-41 the secretary of state for electronic data services to facilitate
4-42 the implementation of the registration service program shall
4-43 deliver to the secretary of state a list containing each new
4-44 registration, canceled registration, voting history information,
4-45 and change in registration information that has occurred in the
4-46 county since the delivery of the previous list under this
4-47 subsection or Subsection (b), as applicable.
4-48 SECTION 14. Section 18.064, Election Code, is amended to
4-49 read as follows:
4-50 Sec. 18.064. SANCTION FOR NONCOMPLIANCE. If a registrar
4-51 fails to substantially comply with Section 15.083 [14.025], 16.032,
4-52 18.042, or 18.063 or with rules adopted by the secretary of state
4-53 implementing the registration service program, the registrar is not
4-54 entitled to receive state funds for financing voter registration in
4-55 the county.
4-56 SECTION 15. Section 18.065(a), Election Code, is amended to
4-57 read as follows:
4-58 (a) The secretary of state shall monitor each registrar for
4-59 substantial compliance with Sections 15.083 [14.025], 16.032,
4-60 18.042, and 18.063 and with rules implementing the registration
4-61 service program.
4-62 SECTION 16. Section 19.002(d), Election Code, is amended to
4-63 read as follows:
4-64 (d) The comptroller may not issue a warrant if on June 1 of
4-65 the year in which the warrant is to be issued the most recent
4-66 notice received by the comptroller from the secretary of state
4-67 under Section 18.065 indicates that the registrar is not in
4-68 substantial compliance with Section 15.083 [14.025], 16.032,
4-69 18.042, or 18.063 or with rules implementing the registration
5-1 service program.
5-2 SECTION 17. Section 20.035, Election Code, is amended by
5-3 amending Subsection (b) and adding Subsection (c) to read as
5-4 follows:
5-5 (b) Except as provided by Subsection (c), an [An]
5-6 application shall be delivered to the registrar not later than 5
5-7 p.m. of the fifth day after the date the application is submitted
5-8 to the employee.
5-9 (c) An application submitted after the 34th day and before
5-10 the 29th day before the date of an election in which any qualified
5-11 voter of the county is eligible to vote shall be delivered not
5-12 later than 5 p.m. of the 29th day before election day.
5-13 SECTION 18. Section 20.063, Election Code, is amended by
5-14 adding Subsection (e) to read as follows:
5-15 (e) If an applicant for an original or renewal driver's
5-16 license, personal identification card, or duplicate or corrected
5-17 license or card completes a voter registration application form
5-18 provided by the department and the department issues a temporary
5-19 license or card, the department shall indicate on the temporary
5-20 license or card that the applicant has completed a voter
5-21 registration application form provided by the department. The
5-22 secretary of state shall prescribe procedures to permit a person to
5-23 use a temporary license or card issued under this subsection for
5-24 purposes of voting in an election.
5-25 SECTION 19. Article 42.03, Code of Criminal Procedure, is
5-26 amended by adding Section 5 to read as follows:
5-27 Sec. 5. At the time the judge pronounces the sentence, the
5-28 judge shall inform a defendant convicted of a felony that the
5-29 defendant will lose the right to vote from the time the judgment
5-30 becomes final until the time the defendant's sentence has been
5-31 fully discharged or the defendant has been pardoned or otherwise
5-32 released from the resulting disability to vote as described by
5-33 Section 11.002(4), Election Code.
5-34 SECTION 20. Section 521.101, Transportation Code, is amended
5-35 by adding Subsection (h) to read as follows:
5-36 (h) If an applicant for a personal identification
5-37 certificate or a duplicate or corrected certificate completes a
5-38 voter registration application form provided by the department
5-39 under Subchapter C, Chapter 20, Election Code, and the department
5-40 issues a temporary certificate, the department shall indicate on
5-41 the temporary certificate that the applicant has completed a voter
5-42 registration application form provided by the department.
5-43 SECTION 21. Section 521.124, Transportation Code, is amended
5-44 by adding Subsection (c) to read as follows:
5-45 (c) If an applicant for an original or renewal driver's
5-46 license or a duplicate or corrected license completes a voter
5-47 registration application form provided by the department and the
5-48 department issues a temporary license, the department shall
5-49 indicate on the temporary license that the applicant has completed
5-50 a voter registration application form provided by the department.
5-51 SECTION 22. Not later than January 1, 2001, the secretary of
5-52 state shall prescribe procedures to implement a statewide
5-53 standardized coding system for coding voter history information
5-54 described by Section 18.062(e), Election Code, as added by this
5-55 Act.
5-56 SECTION 23. (a) The secretary of state shall study the
5-57 feasibility of developing a standardized electronic format for
5-58 entering voter information relating to residence address, including
5-59 reviewing any United States Postal Service approved software for
5-60 address standardization, for the purpose of identifying duplicate
5-61 registrations by voters.
5-62 (b) Not later than December 1, 2000, the secretary of state
5-63 shall issue a report summarizing:
5-64 (1) any recommendations by the secretary for address
5-65 standardization;
5-66 (2) any legislation proposed by the secretary for
5-67 address standardization; and
5-68 (3) any other findings or recommendations related to
5-69 the issue of address standardization.
6-1 (c) The secretary of state shall promptly deliver copies of
6-2 the report to the governor, the lieutenant governor, and the
6-3 speaker of the house of representatives.
6-4 SECTION 24. On or before January 1, 2000, the secretary of
6-5 state shall prescribe:
6-6 (1) a voter registration application form that
6-7 conforms to the changes made by Section 13.122, Election Code, as
6-8 amended by this Act; and
6-9 (2) a form for a confirmation notice and a
6-10 confirmation notice response that conforms to the changes made by
6-11 Sections 15.052 and 15.053, Election Code, as amended by this Act.
6-12 SECTION 25. On or before January 1, 2000, the Department of
6-13 Public Safety shall prescribe a temporary license form and a
6-14 temporary personal identification certificate form that conforms to
6-15 the changes made by Section 20.063(e), Election Code, as added by
6-16 this Act, and Sections 521.101(h) and 521.124(c), Transportation
6-17 Code, as added by this Act.
6-18 SECTION 26. (a) The change in law made by Section 18.0615,
6-19 Election Code, as added by this Act, applies to registration
6-20 information from elections held on or after November 2, 1999.
6-21 Registration information from elections held on or after November
6-22 2, 1999, and before March 31, 2000, must be submitted to the
6-23 secretary of state on or before April 15, 2000.
6-24 (b) A county may voluntarily deliver to the secretary of
6-25 state information as provided by Section 18.0615, Election Code, as
6-26 added by this Act, from elections held on or after November 3,
6-27 1998, and before November 2, 1999.
6-28 SECTION 27. (a) Except as provided by this section, this
6-29 Act takes effect September 1, 1999.
6-30 (b) The changes in law made by Sections 13.122(a) and (d),
6-31 Election Code, as amended or added by this Act, take effect January
6-32 1, 2000, and apply only to voter registration application forms
6-33 produced on or after that date. Voter registration application
6-34 forms produced before January 1, 2000, may continue to be used
6-35 until the supply is exhausted, and the former law governing those
6-36 forms is continued in effect for that purpose.
6-37 (c) The changes in law made by Section 20.063(e), Election
6-38 Code, as added by this Act, and Sections 521.101(h) and 521.124(c),
6-39 Transportation Code, as added by this Act, take effect January 1,
6-40 2000.
6-41 SECTION 28. The importance of this legislation and the
6-42 crowded condition of the calendars in both houses create an
6-43 emergency and an imperative public necessity that the
6-44 constitutional rule requiring bills to be read on three several
6-45 days in each house be suspended, and this rule is hereby suspended.
6-46 * * * * *