1-1 By: Danburg, Madden (Senate Sponsor - Shapiro) H.B. No. 3181
1-2 (In the Senate - Received from the House April 24, 2001;
1-3 April 25, 2001, read first time and referred to Committee on State
1-4 Affairs; May 9, 2001, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 9, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapiro
1-7 Amend House Bill 3181 (Engrossed Printing) as follows:
1-8 On Page 1, Line 43, after the word "week" insert the
1-9 following ", on a day specified by the Secretary of State,".
1-10 On Page 2, Line 2, after the word "week" insert the following
1-11 ", on a day specified by the Secretary of State".
1-12 On Page 2, Line 53, after the word "week," insert the
1-13 following "on a day specified by the Secretary of State,".
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to information concerning registered voters.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 SECTION 1. Section 15.021, Election Code, is amended by
1-19 adding Subsections (d), (e), and (f) to read as follows:
1-20 (d) The secretary of state, in conjunction with the
1-21 Department of Information Resources, shall conduct a study to
1-22 determine the feasibility of allowing voters to correct information
1-23 under this section by digital transmission of the corrected
1-24 information to the registrar.
1-25 (e) If the study determines it is feasible to allow the
1-26 digital transmission of corrected information by the voter to the
1-27 registrar, the corrected information may be submitted without:
1-28 (1) submitting a written, signed notice of the
1-29 incorrect information and the corresponding correction under
1-30 Subsection (a); and
1-31 (2) complying with Subsection (b).
1-32 (f) If the study determines that it is feasible to allow the
1-33 digital transmission of corrected information by the voter to the
1-34 registrar, the secretary of state may adopt rules to:
1-35 (1) approve technologies for submitting changes of
1-36 registration information by digital transmission under this
1-37 section; and
1-38 (2) prescribe additional procedures as necessary to
1-39 implement a system for the digital transmission of changes in
1-40 registration information.
1-41 SECTION 2. Section 16.003, Election Code, is amended to read
1-42 as follows:
1-43 Sec. 16.003. FELONY CONVICTION. (a) Each week the
1-44 Department of Public Safety shall prepare an abstract of each final
1-45 judgment received by the department convicting a person 18 years of
1-46 age or older who is a resident of the state of a felony. [Each
1-47 month the institutional division of the Texas Department of
1-48 Criminal Justice shall prepare an abstract of each final judgment
1-49 received by the institutional division, occurring in the month,
1-50 convicting a person 18 years of age or older who is a resident of
1-51 the state of a felony.]
1-52 (b) The Department of Public Safety shall file each abstract
1-53 with the secretary of state not later than one week following the
1-54 week in which the abstract is prepared. The secretary of state
1-55 shall file each abstract received under this subsection with the
1-56 voter registrar of the person's county of residence not later than
1-57 one week following the week in which the abstract is received under
1-58 this subsection. [The institutional division of the Texas
1-59 Department of Criminal Justice shall file each abstract with the
1-60 voter registrar of the person's county of residence not later than
1-61 the 10th day of the month following the month in which the abstract
1-62 is prepared.]
1-63 SECTION 3. Sections 18.063(a), (c), and (d), Election Code,
2-1 are amended to read as follows:
2-2 (a) Once each week [On or after the first day but before the
2-3 16th day of January, March, June, September, and December of each
2-4 year], each registrar of a county that has not contracted with the
2-5 secretary of state for electronic data services to facilitate the
2-6 implementation of the registration service program shall deliver to
2-7 the secretary of state a list containing each new registration,
2-8 canceled registration, and change in registration information that
2-9 has occurred in the county since the delivery of the previous list
2-10 under this subsection or Subsection (b), as applicable.
2-11 (c) The information on the lists required by this section
2-12 must be current as of the date of delivery. The secretary shall
2-13 use the information to update the state master file and to identify
2-14 any voters in the master file that may be duplicated, deceased, or
2-15 ineligible because of a felony conviction. The secretary shall
2-16 notify the registrar of the appropriate county of any voter
2-17 included in the master file that may be duplicated, deceased, or
2-18 ineligible because of a felony conviction.
2-19 (d) The secretary shall:
2-20 (1) prescribe the form for the lists required by this
2-21 section; and
2-22 (2) prescribe procedures as necessary to implement
2-23 this section.
2-24 SECTION 4. Section 19.004, Election Code, is amended to read
2-25 as follows:
2-26 Sec. 19.004. USE OF STATE FUNDS RESTRICTED. (a) State funds
2-27 disbursed under this chapter may be used only to defray expenses of
2-28 the registrar's office in connection with voter registration,
2-29 including additional expenses related to:
2-30 (1) implementation of the National Voter Registration
2-31 Act of 1993 (42 U.S.C. Section 1973gg et seq.); and
2-32 (2) complying with the weekly updating requirements
2-33 prescribed by Section 18.063.
2-34 (b) The secretary of state shall specify the procedures that
2-35 result in additional expenses and that are required under this
2-36 section [to implement that federal law].
2-37 (c) Any funds authorized under this chapter that lapse to
2-38 the state after the expiration of the two-year period in which they
2-39 may be used shall be placed in a special fund administered by the
2-40 secretary of state. The secretary of state shall issue money from
2-41 this fund to counties with limited technological resources to
2-42 upgrade voter registration technology. The secretary of state
2-43 shall prescribe procedures necessary to implement this section.
2-44 SECTION 5. Section 20.065, Election Code, is amended to read
2-45 as follows:
2-46 Sec. 20.065. DELIVERY OF APPLICATIONS AND CHANGES OF
2-47 ADDRESS. (a) At the end of each day a Department of Public Safety
2-48 office is regularly open for business, the manager of the office
2-49 shall deliver by mail or in person to the voter registrar of the
2-50 county in which the office is located each completed voter
2-51 registration application and applicable change of address submitted
2-52 to a department employee.
2-53 (b) Once each week, the department shall electronically
2-54 transfer to the secretary of state the name of each person who
2-55 completes a voter registration application submitted to the
2-56 department. The secretary shall prescribe procedures necessary to
2-57 implement this subsection.
2-58 (c) Not later than the seventh day after the date the
2-59 secretary of state receives information under Subsection (b), the
2-60 secretary shall inform the appropriate voter registrar of the name
2-61 of each person who completes a voter registration application
2-62 submitted to the department. The registrar may verify that the
2-63 registrar has received each application as indicated by the
2-64 information provided by the secretary under this subsection.
2-65 SECTION 6. Subchapter F, Chapter 2175, Government Code, is
2-66 amended by adding Section 2175.305 to read as follows:
2-67 Sec. 2175.305. EXCEPTION FOR SECRETARY OF STATE. This
2-68 chapter does not apply to the disposition of surplus computer
2-69 equipment by the secretary of state. The secretary of state shall
3-1 give preference to transferring the property to counties for the
3-2 purpose of improving voter registration technology and complying
3-3 with Section 18.063, Election Code.
3-4 SECTION 7. This Act takes effect January 1, 2002.
3-5 * * * * *