SRC-BWC H.B. 3181 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3181
By: Danburg (Shapiro)
State Affairs
5/1/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the institutional division of the Texas Department of Criminal
Justice is required to prepare each month an abstract of felony convictions
of each person 18 years of age or older, and deliver each abstract to the
appropriate county registrar. The registrar of the county is required to
deliver to the secretary of state, on or after the first day but before the
16th day of January, March, June, September, and December of each year a
list containing each new registration, canceled registration, and change in
registration information that has occurred in the county since the delivery
of the previous list. This procedure can be slow and may not allow for the
master record with the secretary of state to be current.  H.B. 3181
provides for improvement of the procedures for maintaining the voter
registration master rolls in the state.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the secretary of state in
SECTION 1 (Section 15.021, Election Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15.021, Election Code, to require the secretary
of state, in conjunction with the Department of Information Resources, to
conduct a study to determine the feasibility of allowing voters to correct
information under this section by digital transmission of the corrected
information to the registrar.  Authorizes the corrected information to be
submitted under certain circumstances, if the study determines it is
feasible to allow the digital transmission of corrected information by the
voter to the registrar.  Authorizes the secretary of state, if the study
determines that it is feasible to allow the digital transmission of
corrected information by the voter to the registrar, to adopt rules to
approve technologies for submitting changes of registration information by
digital transmission under this section, and prescribe additional
procedures as necessary to implement a system for the digital transmission
of changes in registration information. 

SECTION 2.  Amends Section 16.003, Election Code, to require the Department
of Public Safety (department) each week, rather than each month, to prepare
an abstract of each final judgment received by the department convicting a
person 18 years of age or older who is a resident of the state of a felony.
Requires the department to file each abstract with the secretary of state
not later than one week following the week in which the abstract is
prepared.  Requires the secretary of state to file each abstract received
under this section with the voter registrar of the person's county of
residence not later than one week, rather than the 10th day, following the
week in which the abstract is received, rather than prepared, under this
section. 

SECTION 3.  Amends Section 18.063, Election Code, to change from "on or
after the first day but before the 16th day of January, March, June,
September, and December of each year" to "once each week" the time at which
each registrar of a county that has not contracted with the secretary of
state for electronic data services to facilitate the implementation of the
registration service program is required to deliver to the secretary of
state a list containing each new registration, canceled registration, and
change in registration information that has occurred in the county since
the delivery of the previous list under this  section or Subsection (b), as
applicable.  Requires the secretary to use the information to update the
state master file and to identify any voters in the master file that may be
duplicated, deceased, or ineligible because of a felony conviction.
Requires the secretary to notify the registrar of the appropriate county of
any voter included in the master file that may be duplicated, deceased, or
ineligible because of a felony conviction.  Requires the secretary to
prescribe procedures as necessary to implement this section. 

SECTION 4.  Amends Section 19.004, Election Code, to authorize state funds
disbursed under this chapter to be used only to defray expenses of the
registrar's office in connection with voter registration, including
additional expenses related to complying with the weekly updating
requirements prescribed by Section 18.063.  Requires the secretary of state
to specify the procedures that result in additional expenses and that are
required under this section, rather than to implement that federal law.
Requires any funds authorized under this chapter that lapse to the state
after the expiration of the two-year period in which they may be used to be
placed in a special fund administered by the secretary of state. Requires
the secretary of state to issue money from this fund to counties with
limited technological resources to upgrade voter registration technology.
Requires the secretary of state to prescribe procedures necessary to
implement this section. 

SECTION 5.  Amends Section 20.065, Election Code, to require the
department, once each week, to electronically transfer to the secretary of
state the name of each person who completes a voter registration
application submitted to the department.  Requires the secretary to
prescribe procedures necessary to implement this subsection.  Requires the
secretary, not later than the seventh day after the date the secretary of
state receives information under this section, to inform the appropriate
voter registrar of the name of each person who completes a voter
registration application submitted to the department.  Authorizes the
registrar to verify that the registrar has received each application as
indicated by the information provided by the secretary under this
subsection. 

SECTION 6.  Amends Chapter 2175F, Government Code, by adding Section
2175.305, as follows: 

Sec. 2175.305.  EXCEPTION FOR SECRETARY OF STATE.  Provides that this
chapter does not apply to the disposition of surplus computer equipment by
the secretary of state. Requires the secretary of state to give preference
to transferring the property to counties for the purpose of improving voter
registration technology and complying with Section 18.063 (Information
Furnished by Registrar), Election Code. 

SECTION 7.  Effective date: January 1, 2002.