By Danburg, Madden H.B. No. 3181
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information concerning registered voters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 15.021, Election Code, is amended by
1-5 adding Subsections (d), (e), and (f) to read as follows:
1-6 (d) The secretary of state, in conjunction with the
1-7 Department of Information Resources, shall conduct a study to
1-8 determine the feasibility of allowing voters to correct information
1-9 under this section by digital transmission of the corrected
1-10 information to the registrar.
1-11 (e) If the study determines it is feasible to allow the
1-12 digital transmission of corrected information by the voter to the
1-13 registrar, the corrected information may be submitted without:
1-14 (1) submitting a written, signed notice of the
1-15 incorrect information and the corresponding correction under
1-16 Subsection (a); and
1-17 (2) complying with Subsection (b).
1-18 (f) If the study determines that it is feasible to allow the
1-19 digital transmission of corrected information by the voter to the
1-20 registrar, the secretary of state may adopt rules to:
1-21 (1) approve technologies for submitting changes of
1-22 registration information by digital transmission under this
1-23 section; and
1-24 (2) prescribe additional procedures as necessary to
2-1 implement a system for the digital transmission of changes in
2-2 registration information.
2-3 SECTION 2. Section 16.003, Election Code, is amended to read
2-4 as follows:
2-5 Sec. 16.003. FELONY CONVICTION. (a) Each week the
2-6 Department of Public Safety shall prepare an abstract of each final
2-7 judgment received by the department convicting a person 18 years of
2-8 age or older who is a resident of the state of a felony. [Each
2-9 month the institutional division of the Texas Department of
2-10 Criminal Justice shall prepare an abstract of each final judgment
2-11 received by the institutional division, occurring in the month,
2-12 convicting a person 18 years of age or older who is a resident of
2-13 the state of a felony.]
2-14 (b) The Department of Public Safety shall file each abstract
2-15 with the secretary of state not later than one week following the
2-16 week in which the abstract is prepared. The secretary of state
2-17 shall file each abstract received under this subsection with the
2-18 voter registrar of the person's county of residence not later than
2-19 one week following the week in which the abstract is received under
2-20 this subsection. [The institutional division of the Texas
2-21 Department of Criminal Justice shall file each abstract with the
2-22 voter registrar of the person's county of residence not later than
2-23 the 10th day of the month following the month in which the abstract
2-24 is prepared.]
2-25 SECTION 3. Sections 18.063(a), (c), and (d), Election Code,
2-26 are amended to read as follows:
2-27 (a) Once each week [On or after the first day but before the
3-1 16th day of January, March, June, September, and December of each
3-2 year], each registrar of a county that has not contracted with the
3-3 secretary of state for electronic data services to facilitate the
3-4 implementation of the registration service program shall deliver to
3-5 the secretary of state a list containing each new registration,
3-6 canceled registration, and change in registration information that
3-7 has occurred in the county since the delivery of the previous list
3-8 under this subsection or Subsection (b), as applicable.
3-9 (c) The information on the lists required by this section
3-10 must be current as of the date of delivery. The secretary shall
3-11 use the information to update the state master file and to identify
3-12 any voters in the master file that may be duplicated, deceased, or
3-13 ineligible because of a felony conviction. The secretary shall
3-14 notify the registrar of the appropriate county of any voter
3-15 included in the master file that may be duplicated, deceased, or
3-16 ineligible because of a felony conviction.
3-17 (d) The secretary shall:
3-18 (1) prescribe the form for the lists required by this
3-19 section; and
3-20 (2) prescribe procedures as necessary to implement
3-21 this section.
3-22 SECTION 4. Section 19.004, Election Code, is amended to read
3-23 as follows:
3-24 Sec. 19.004. USE OF STATE FUNDS RESTRICTED. (a) State funds
3-25 disbursed under this chapter may be used only to defray expenses of
3-26 the registrar's office in connection with voter registration,
3-27 including additional expenses related to:
4-1 (1) implementation of the National Voter Registration
4-2 Act of 1993 (42 U.S.C. Section 1973gg et seq.); and
4-3 (2) complying with the weekly updating requirements
4-4 prescribed by Section 18.063.
4-5 (b) The secretary of state shall specify the procedures that
4-6 result in additional expenses and that are required under this
4-7 section [to implement that federal law].
4-8 (c) Any funds authorized under this chapter that lapse to
4-9 the state after the expiration of the two-year period in which they
4-10 may be used shall be placed in a special fund administered by the
4-11 secretary of state. The secretary of state shall issue money from
4-12 this fund to counties with limited technological resources to
4-13 upgrade voter registration technology. The secretary of state
4-14 shall prescribe procedures necessary to implement this section.
4-15 SECTION 5. Section 20.065, Election Code, is amended to read
4-16 as follows:
4-17 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
4-18 ADDRESS. (a) At the end of each day a Department of Public Safety
4-19 office is regularly open for business, the manager of the office
4-20 shall deliver by mail or in person to the voter registrar of the
4-21 county in which the office is located each completed voter
4-22 registration application and applicable change of address submitted
4-23 to a department employee.
4-24 (b) Once each week, the department shall electronically
4-25 transfer to the secretary of state the name of each person who
4-26 completes a voter registration application submitted to the
4-27 department. The secretary shall prescribe procedures necessary to
5-1 implement this subsection.
5-2 (c) Not later than the seventh day after the date the
5-3 secretary of state receives information under Subsection (b), the
5-4 secretary shall inform the appropriate voter registrar of the name
5-5 of each person who completes a voter registration application
5-6 submitted to the department. The registrar may verify that the
5-7 registrar has received each application as indicated by the
5-8 information provided by the secretary under this subsection.
5-9 SECTION 6. Subchapter F, Chapter 2175, Government Code, is
5-10 amended by adding Section 2175.305 to read as follows:
5-11 Sec. 2175.305. EXCEPTION FOR SECRETARY OF STATE. This
5-12 chapter does not apply to the disposition of surplus computer
5-13 equipment by the secretary of state. The secretary of state shall
5-14 give preference to transferring the property to counties for the
5-15 purpose of improving voter registration technology and complying
5-16 with Section 18.063, Election Code.
5-17 SECTION 7. This Act takes effect January 1, 2002.