HBA- CMT H.B. 3181 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3181
By: Danburg
Elections
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the institutional division of the Texas
Department of Criminal Justice was required to prepare an abstract of
felony convictions of persons 18 years of age or older each month, and
deliver that abstract to the person's county registrar.  The registrar of
the county was 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 had occurred in
the county since the delivery of the previous list.  The previous procedure
could be slow and may not have allowed for the master record with the
secretary of state to be as up to date as it could have been.  House Bill
3181 provides for improvement of the current procedures for maintaining the
voter registration master rolls in the state and requires the secretary of
state to study the feasibility of allowing voters to correct voter
registration information by digital transmission.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 1
(Section 15.021, Election Code) of this bill. 

ANALYSIS

House Bill 3181 amends the 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 voter
registration information by digital transmission of the corrected
information to the registrar. If the study determines that digital
transmission of corrected information is feasible, the bill authorizes
submission of the corrected information without the submission of a
written, signed notice of incorrect information and the corresponding
correction and without submission of a registration certificate or
registration application form.  The bill authorizes the secretary of state
to adopt rules to approve technologies for submitting changes of
registration information by digital transmission and to prescribe
additional procedures as necessary to implement a system for the digital
transmission of changes in registration information if it is determined
feasible to correct voter registration information by digital transfer. 

H.B. 3181 requires the Department of Public Safety (DPS) to prepare each
week, on a day specified by the secretary of state, an abstract of each
final judgment received by DPS convicting a person who is 18 years of age
or older and a resident of this state of a felony, and to file each
abstract with the secretary of state no later than one week following the
week in which the abstract is prepared.  The secretary of state is required
to file each received abstract with the voter registrar of the person's
county of residence no later than one week following the week in which the
abstract was received.   

Once each week, on a day specified by the secretary of state, each county
registrar is required to deliver to the secretary of state a list
containing each new registration, canceled registration, and change of
registration information that has occurred in the county since the delivery
of the previous list if that county registrar has not contracted with the
secretary for electronic registration data services.  The secretary of
state is required to use the information to identify any voters in the
state master file that may be duplicated, deceased, or ineligible because
of a felony conviction.  The secretary of state is required 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.  The bill requires the secretary of state to prescribe
procedures as necessary to implement these  provisions.   

The bill authorizes state funds to be disbursed for the financing of voter
registration 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.  Any funds authorized
for financing voter registration that lapse to the state after the
expiration of the two-year period in which they are authorized to be used
are required to be placed in a special fund administered by the secretary
of state.  The secretary of state is required to issue money from this fund
to counties with limited technological resources to upgrade voter
registration technology.  The bill requires the secretary of state to
prescribe procedures to implement these provisions.    

H.B. 3181 requires that once each week, on a day specified by the secretary
of state, DPS is to electronically transfer to the secretary of state the
name of each person who completes a voter registration application
submitted to DPS.  The secretary of state is required to prescribe
procedures to implement the electronic transfer.  The secretary of state is
also required to inform the appropriate voter registrar of the name of each
person who completes a voter registration application submitted to DPS no
later than the seventh day after the secretary of state receives the
information.  The registrar is authorized to verify that the registrar has
received each application as indicated by the information provided by the
secretary of state. 

H.B. 3181 amends the Government Code to provide that the provisions for
surplus and salvage property do not apply to the disposition of surplus
computer equipment by the secretary of state.  The bill 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 weekly voter registration updating requirements.    

EFFECTIVE DATE

January 1, 2002.