By Danburg, Madden H.B. No. 3181
77R9311 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procedures for maintaining information on lists of
1-3 registered voters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.003, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 16.003. FELONY CONVICTION. (a) Each week the
1-8 Department of Public Safety shall prepare an abstract of each final
1-9 judgment received by the department convicting a person 18 years of
1-10 age or older who is a resident of the state of a felony. [Each
1-11 month the institutional division of the Texas Department of
1-12 Criminal Justice shall prepare an abstract of each final judgment
1-13 received by the institutional division, occurring in the month,
1-14 convicting a person 18 years of age or older who is a resident of
1-15 the state of a felony.]
1-16 (b) The Department of Public Safety shall file each abstract
1-17 with the secretary of state not later than one week following the
1-18 week in which the abstract is prepared. The secretary of state
1-19 shall file each abstract received under this subsection with the
1-20 voter registrar of the person's county of residence not later than
1-21 one week following the week in which the abstract is received under
1-22 this subsection. [The institutional division of the Texas
1-23 Department of Criminal Justice shall file each abstract with the
1-24 voter registrar of the person's county of residence not later than
2-1 the 10th day of the month following the month in which the abstract
2-2 is prepared.]
2-3 SECTION 2. Sections 18.063(a), (c), and (d), Election Code,
2-4 are amended to read as follows:
2-5 (a) Once each week [On or after the first day but before the
2-6 16th day of January, March, June, September, and December of each
2-7 year], each registrar of a county that has not contracted with the
2-8 secretary of state for electronic data services to facilitate the
2-9 implementation of the registration service program shall deliver to
2-10 the secretary of state a list containing each new registration,
2-11 canceled registration, and change in registration information that
2-12 has occurred in the county since the delivery of the previous list
2-13 under this subsection or Subsection (b), as applicable.
2-14 (c) The information on the lists required by this section
2-15 must be current as of the date of delivery. The secretary shall
2-16 use the information to update the state master file and to identify
2-17 any voters in the master file that may be duplicated, deceased, or
2-18 ineligible because of a felony conviction. The secretary shall
2-19 notify the registrar of the appropriate county of any voter
2-20 included in the master file that may be duplicated, deceased, or
2-21 ineligible because of a felony conviction.
2-22 (d) The secretary shall:
2-23 (1) prescribe the form for the lists required by this
2-24 section; and
2-25 (2) prescribe procedures as necessary to implement
2-26 this section.
2-27 SECTION 3. Section 19.004, Election Code, is amended to read
3-1 as follows:
3-2 Sec. 19.004. USE OF STATE FUNDS RESTRICTED. (a) State funds
3-3 disbursed under this chapter may be used only to defray expenses of
3-4 the registrar's office in connection with voter registration,
3-5 including additional expenses related to:
3-6 (1) implementation of the National Voter Registration
3-7 Act of 1993 (42 U.S.C. Section 1973gg et seq.); and
3-8 (2) complying with the weekly updating requirements
3-9 prescribed by Section 18.063.
3-10 (b) The secretary of state shall specify the procedures that
3-11 result in additional expenses and that are required under this
3-12 section [to implement that federal law].
3-13 SECTION 4. Section 20.065, Election Code, is amended to read
3-14 as follows:
3-15 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
3-16 ADDRESS. (a) At the end of each day a Department of Public Safety
3-17 office is regularly open for business, the manager of the office
3-18 shall deliver by mail or in person to the voter registrar of the
3-19 county in which the office is located each completed voter
3-20 registration application and applicable change of address submitted
3-21 to a department employee.
3-22 (b) Once each week, the department shall electronically
3-23 transfer to the secretary of state the name of each person who
3-24 completes a voter registration application submitted to the
3-25 department. The secretary shall prescribe procedures necessary to
3-26 implement this subsection.
3-27 (c) Not later than the seventh day after the date the
4-1 secretary of state receives information under Subsection (b), the
4-2 secretary shall inform the appropriate voter registrar of the name
4-3 of each person who completes a voter registration application
4-4 submitted to the department. The registrar may verify that the
4-5 registrar has received each application as indicated by the
4-6 information provided by the secretary under this subsection.
4-7 SECTION 5. This Act takes effect January 1, 2002.
4-8 COMMITTEE AMENDMENT NO. 1
4-9 Amend HB 3181 as follows:
4-10 Add a new SECTION 5 as follows:
4-11 SECTION 5. Chapter 2175, Government Code, Subchapter F, is
4-12 amending by adding a new Section 2175.305.
4-13 Sec. 2175.305. EXCEPTION FOR THE SECRETARY OF STATE.
4-14 This chapter does not apply to the disposition of surplus
4-15 computer equipment by the Secretary of State. The Secretary of
4-16 State shall give preference to transferring the property to
4-17 counties for the purpose of improving voter registration technology
4-18 and complying with Section 18.063 of the Election Code.
4-19 Amend HB 3181 as follows:
4-20 On page 3, line 12, add a new Subsection (c) as follows:
4-21 (c) Any funds authorized under this chapter that lapse to
4-22 the state after the expiration of the two-year period in which they
4-23 may used shall be placed in a special fund administered by the
4-24 secretary of state. The secretary of state shall issue monies from
4-25 this fund to counties with limited technological resources to
4-26 upgrade voter registration technology. The secretary of state
4-27 shall prescribe procedures necessary to implement this section.
5-1 Madden