By:  Bohac                                                        H.B. No. 1270


A BILL TO BE ENTITLED
AN ACT
relating to the qualifications and duties of a deputy voter registrar. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 13.031(d), Election Code, is amended to read as follows: (d) To be eligible for appointment as a volunteer deputy registrar, a person must: (1) be 18 years of age or older; (2) not have been determined mentally incompetent by a final judgement of a court; (3) be a United States citizen; and (4) not have been finally convicted of a felony or, if so convicted, have: (A) fully discharged the person's sentence, including any term of confinement, parole, or mandatory supervision, or completed a period of community supervision ordered by any court; or (B) been pardoned or otherwise released from the resulting disability to vote. SECTION 2. Section 13.032, Election Code, is amended to read as follows: Sec. 13.032. PROHIBITION ON REFUSING TO APPOINT. A registrar may not refuse to appoint as a volunteer deputy registrar: (1) a person eligible under Section 13.031 [resident of the county served by the registrar]; or (2) any person on the basis of sex, race, creed, color, or national origin or ancestry. SECTION 3. Section 13.033(b), Election Code, is amended to read as follows: (b) If a person is to be appointed, the registrar shall prepare a certificate of appointment in duplicate containing: (1) the date of appointment; (2) the statement: "I, ____________, Voter Registrar for ____________ County, do hereby appoint ____________ as a volunteer deputy registrar for ____________ County."; (3) the person's residence address; (4) the person's voter registration number, if any; (5) a statement that the term of the appointment expires December 31 of an even-numbered year; and (6) a statement that the appointment terminates on the person's final conviction for an offense for failure to deliver a registration application and may terminate on the registrar's determination that the person violated Section 13.038(b) or failed to adequately review a registration application. SECTION 4. Section 13.036(b), Election Code, is amended to read as follows: (b) The registrar may terminate the appointment of a volunteer deputy registrar on a determination by the registrar that the volunteer deputy violated Section 13.038(b) or failed to adequately review a registration application as required by Section 13.039. SECTION 5. Section 13.038, Election Code, is amended to read as follows: Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy registrar may distribute voter registration application forms throughout the county and receive registration applications submitted to the deputy in person. (b) In conducting the duties prescribed by this subchapter, a volunteer deputy registrar may not: (1) harass, intimidate, or coerce any person; or (2) refuse to: (A) distribute voter registration applications; (B) receive a completed voter registration application submitted to the deputy; or (C) provide assistance to any person who is eligible for registration as a voter in this state. SECTION 6. This Act applies only to an appointment of a volunteer deputy registrar made on or after the effective date of this Act. SECTION 7. This Act takes effect September 1, 2005.